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Topic starter
19/03/2025 4:46 pm
Hello All,
I was finally discharged from my Trust Deed in October 2023 which is a great feeling.
I'm in the process of trying to tidy up my credit file.
My trust deed was signed on 28th April 2020, however, not officially registered until 11th June 2020. Â
Various lenders had applied an incorrect default date, however, after writing to them and various phone calls the majority have changed the default date to 28th April 2020.
I have one lender that is refusing to change my default date and insisting on keeping it to 11th June 2020 as they are saying this is the date the Trust Deed started.
I have disputed this and written to the Financial Ombudsman and a caseworker has come back to say he agrees I signed it on 28th April 2020, however, as it wasn't registered until 11th June 2020 (this is on the insolvency register) he is not upholding my complaint and I need to come back to him with further evidence/information before I can request this to go to the Ombudsman.
I have provided him with a screenshot of my credit report showing the start date of the Trust Deed as 28th April 2020 and also provided him some guidance from the ICO which states that:
A default can be registered for debts which the lender has also tried to recover through a CCJ or decree. In normal circumstances lenders will be notified when the debt that is owed to them is to be included in an insolvency e.g. bankruptcy, IVA or similar and should be marked as included in that by filing a default as soon as is practical. The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a default should be filed as being no later than the date of the insolvency order. In circumstances where the lender is not immediately aware, the default can be filed at that point in time. If evidence of the insolvency date is provided, the default date recorded at the CRA will be aligned.
To me the date of insolvency is 28th April 2020 as that was the date I entered into an agreement. The registered date just means the date it became officially protected so I feel I'm being penalised due to an admin issue.
If anyone could provide any further advice I would appreciate it.
Regards,
Liz
19/03/2025 8:28 pm
Not sure where to go here but the Ombudsman is clearly wrong given the ICO guidance. I've had this argument with creditors before and they usually back down when they look at the ICO guidance. The whole point of having the default dates aligned with the date of the Trust Deed is so that it all drops off your credit file at the same time. Has the Ombudsman responded to your specific point on the ICO guidance yet? It isn't clear from your post if they have or not. If they have, it might be worth going back and pointing out the point of the date of signing/defaults is the alignment of it dropping off your credit file at the same time. It looks to me that they just haven't considered the guidance properly. The Trust Deed would have ran from the date of signing even if it didn't become protected, so the start is the start.Â
The only other thing I would say is that even if they don't back down, it's not too long to wait till 11 June when the default will drop off your credit file automatically. Annoying though it may be, its not too long to wait in the context of the six years.Â
