Welcome to the forum m4rkym4rk.

I don't know the answer for certain, but I suspect lenders are free to issue a Default Notice at a time of their choosing once an account is sufficiently in arrears.

Cheers TDA, I guess I'll just need to wait and see if they change to settled in January, not long now! 🙂

Hi I had a similar question.

I have found out that if a creditor is in your trust deed any default should be back dated to the start of your trust deed, same as bankruptcy/sequestration. There is a standard letter to send to the creditor on another website quoting rules and regulations etc, not sure if I can mention it here, but it is best to fire off the letter post trust deed along with a copy of your discharge letter. Any settled/satisfied accounts should match the finishing date of your trust deed.

Hope this helps!

If any of the advisors say it is OK to post th

Here is some info and the letter template:

The credit agreements that fell under the trust deed will stay on your credit file from 6 years from the date that you took the trust deed (date of default on your file). HOWEVER many companies will not have updated the file correctly. This means a) the dates of default will be wrong and they won't fall off your file at the right time and b) may not be marked as settled which they should be once you finish the deed and have the letter to prove discharge. To sort this out, you need to write to all applicable creditors, enclosing a copy of the letter.

Data Control Officer
Data controller address

Date

Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I signed a trust deed on XXXXX which became protected and was subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the Trust Deed. For your convenience I have attached my Discharge Notification and a copy of the original Trust Deed.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect and as yet your company has failed to correct the entries as required.

It is requested that if you intend to default the account, the default entry must be <Date if your bankruptcy>, in accordance with the Data Protection Act.

It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

Yours faithfully

A Person

The ICO info..

Relevant Extracts from Bankruptcy - frequently asked questions ÔÇô 18/06/07 issued by the ICO

Frequently Asked Questions - Bankruptcy

I've noticed that an account that was included in my bankruptcy is marked in default later than my bankruptcy. Can I do anything to change it?

Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your Bankruptcy Order.

If a particular debt is included in the Statement of Affairs at the time of the bankruptcy, you can ask the lender to change the date of the default to the date on your Bankruptcy Order. To do this, you should write to the lender and ask them to change the default date to the date of the Bankruptcy Order.

Remember to send the lender a copy of your Bankruptcy Order or other documentation which confirms the date you were declared bankrupt.

If the lender refuses to change the date of the default then you can contact us using the enquiry form on our website

You will need to send us: a copy of the Bankruptcy Order or document that confirms the date you were made bankrupt; proof that the debt in question was included in your bankruptcy; and a copy of the lender's letter which says it won't change the date of the default.

What happens to the defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders included on your Statement of Affairs.

The lenders whose debts were included in your bankruptcy should then mark the entry on your credit reference file to show that you no longer owe money on that account (perhaps by marking the entry as 'partially satisfied' or ÔÇÿpartially settled' or in some other way).

Once the lender has changed the information on the entry, if you make any new credit applications the prospective lender will be able to see that you do not owe any more money on that account.

Finally, if you wish, you can ask the credit reference agency to add a statement called a Notice of Correction to the default entry. In your statement, you can explain that the entry was included in your bankruptcy which is now discharged.

If the lender refuses to change the date of the default or mark it as satisfied or settled or to indicate in another way that you have fulfilled your obligations to that lender then you can write to us at: Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Thank you Argyllwolf

That is very helpful information and many will find it useful

Hi All

Just looking at RavenClaw"s template. So is it a simple cut n paste whats there, filling in the appropriate dates? Ive not spoke to the ICO..but does that matter?
Bit confused though why it states bankruptcy... when its a Trust Deed.

Thanks in advance

Hello User1977.

As I just mentioned on another thread, this site doesn't feature template letters nor do we endorse those that members might have added to this forum.

The facts are pretty clear - the Information Commissioner's Office told us that default notices for accounts included in a trust deed (or bankruptcy) should be dated no later than the start of the arrangement.

You can write to a data controller at a firm citing the above and requesting that your credit file be updated.

Alternatively, you could contact the firm via customer services (letter or call) to request that this is dealt with.

Also, you could make a complaint (letter or call) demanding that any such error be swiftly corrected.