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(@falco28)
Active Member
Joined: 12 years ago
Posts: 13
Topic starter  

Hi there,

I wondered if anyone could advise me on how I can get a company to change the date of my default?
My trust deed was protected 28/7/10 and I was discharged October 2013. I had contacted Experian regarding the different dates my creditors were showing and they said all but one company would update to the correct default date. I wouldn't mind but the last creditor has my default date showing as January 2011 and it was my biggest debt.
I thought I could phone and ask if they can change it but can they say no again? Is there anything I can say to persuade them to change it?
We are really wanting to look into mortgages but want to make sure everything has fallen off my file first.

Many Thanks

kg


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Hello Falco

Did they say why they would not change it.

I would write to them, recorded delivery, advising them they are in breach of the Data Protection Act and asking them to update your default date to the date of signing of the Trust Deed, in accordance with the Act which requires them to hold accurate data about you. Enclose a copy of the Form 5 and circle the signing date.

In the same letter that you have asked them verbally on the phone several times (great if you can list the date, time and names of those you spoke to) and advise them that if they do not update your records within 28 days of receipt of the letter, you will refer the matter to the ICO (Information Commissioner Office) and the FCA (Financial Conduct Authority).

(For some reason, the FCA seemed to have more impact on the people I dealt with).

I would find out where you send a formal complaint to for that bank/creditor. I found I got action (and compensation) when I did this with three companies who were not complying.

You should be able to get it resolved by using the Data Controller, but I got nowhere with any of my creditors with that. Others members may be different and different creditors may differ too.

I don't know if it is okay to do so but if you named the company perhaps other members may be able to give you some advice as to how they resolved their situation.

Good luck.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Some excellent information from Firewalker here falco28.

You might also find this article helpful:

https://www.trust-deed.co.uk/repair-your-credit-rating.html

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@falco28)
Active Member
Joined: 12 years ago
Posts: 13
Topic starter  

Thanks so much for your advice Firewalker.
I called again today armed with your advice and got a very helpful lady who said they weren't given the information until 6th of September 2010 so she she could only backdate as far as that or to send my Form 5 to backdate until July.
I'm really looking forward to seeing these fall off my file[:)] 8 days left!

kg


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Good job Falco.

Be patient, it can take several weeks for this to go through the system. I know exactly how you feel. 8 days and you want it all gone. Not quite the case when you are having to chase them up.

With that in mind, may I suggest you include in your letter when you started phoning and how many people you spoke to (if that information makes it sound bad), and say that you do not expect to have to wait any longer to have it updated. Ask that they update ALL credit reference Agencies.

Creditors normally update the credit reference agencies once a month, and then the CRAgencies update their records once a month, so it can be a few weeks before you actually see it has disappeared. You may need to follow up to that person with a telephone call. All that said, it will happen - this is just to explain why it is highly unlikely to be off your file in 8 days.


   
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(@falco28)
Active Member
Joined: 12 years ago
Posts: 13
Topic starter  

Will do Firewalker, thanks.
I did think it might take a bit longer but just knowing that from next week my 6 years is up is such a good feeling. Will keep checking my report to make sure all is as it should be.
Thanks again[:)]

kg


   
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(@falco28)
Active Member
Joined: 12 years ago
Posts: 13
Topic starter  

Hi again,

Just wondered if anyone could offer further advice on my credit report. I've managed to get everything updated but have just discovered a company called TDx group on behalf of TTi spc. I think it relates to my bank account and credit card. It has updated 20/7/16 and satisfied 3/12/14 but no default date on Equifax with a note saying partial settlement. It does have the default date 28/7/10 on Experian.
Will this stay on my Equifax report for 6 years after satisfied date? Not sure if I should contact Equifax as it seems ok on Experian. Don't want this to affact my mortgage application.

Many Thanks

kg


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Hi Falco

I believe that will be the case. Unless it has a Default date, then my experience is that it remains on file for six years after account closed or account satisfied.

I had this with Barclaycard. Not showing a default date but showing the account as closed, so it would have remained showing the individual default circles for six years from closure/satisfied date.

I wrote to them to ask them to add a Default date and provided them with a copy of the form5.

It seemed strange at the time asking them to add a default date - when I was trying to make the credit report better, but to my knowledge that is how it works. Default date trumps satisfied date.

Hope you manage to get it sorted. let us know how you get on.


   
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(@falco28)
Active Member
Joined: 12 years ago
Posts: 13
Topic starter  

Ok, i'll get on to that today. It's so annoying that it's just appeared just as i thought everything was updated and fallping off.
Thanks again Firewalker.

kg


   
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