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Defaults?

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(@claree__x)
Eminent Member
Joined: 14 years ago
Posts: 26
Topic starter  

Hi All, I'm new here so go easy on me!

I signed a trust deed in December for 3 years and have been paying since then. I checked my credit file yesterday and there have been some defaults posted on it since then (one in May and one this month) - am I correct in saying that shouldn't be the case?

The defaults are from companies who are included in the trust deed.


   
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Kevin Mapstone
(@kevin-mapstone)
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Joined: 16 years ago
Posts: 4253
 

The companies are entitled to register defaults on your file I'm afraid Claree, as you have defaulted on the original agreements by entering into a trust deed.

Out of interest, is the trust deed itself showing?

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


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

Hello Claree_x and welcome.

After the trust deed is finished some of the companies may mark the default notices as being satisfied. This will be useful if you wish to rebuild your credit rating. If any creditors do not do this you can ask them to make an update.

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


   
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(@matam2k)
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Joined: 14 years ago
Posts: 4
 

quote:


Originally posted by Claree__x

Hi All, I'm new here so go easy on me!

I signed a trust deed in December for 3 years and have been paying since then. I checked my credit file yesterday and there have been some defaults posted on it since then (one in May and one this month) - am I correct in saying that shouldn't be the case?

The defaults are from companies who are included in the trust deed.



   
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(@matam2k)
New Member
Joined: 14 years ago
Posts: 4
 

Hi the date on the default should be the date the trust deed was signed. If it isnt ask the company to change it.
Regards


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

Hello matam2k.

The experts here have always been clear that we're not experts on credit files and credit ratings. I'm curious about your comment as it isn't something I've heard before. Was this your personal experience?

Might be useful to know for future visitors who have similar questions or concerns.

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


   
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(@gillian)
Reputable Member
Joined: 14 years ago
Posts: 355
 

My defaults are all marked different dates and I think there's more detail about my trust deed on equifax than there is on experian. I would try to tidy it all up but don't have my account details fo my creditors anymore. The only difference I think it makes to anything is that everything on your credit file would drop off at once as opposed to a bit here and there.

Nothing left to discharge - everything's done and dusted!


   
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(@claree__x)
Eminent Member
Joined: 14 years ago
Posts: 26
Topic starter  

quote:


Originally posted by Kevin Mapstone

The companies are entitled to register defaults on your file I'm afraid Claree, as you have defaulted on the original agreements by entering into a trust deed.

Out of interest, is the trust deed itself showing?


Yes, there is a bit mentioning the trust deed - I can't remember what it's listed under but it's definitely there.

My main problem is that my student overdraft is in the trust deed but was never listed as a default before and now that the overdraft has expired they've posted a default on my credit file which will not not expire until 6 years from today rather than 6 years from last December - when I effectively "sorted" the debt.

I've emailed my trustee and spoke to him a few times about the bank and he says to send him anything I've got from them, which I have done, but still keep getting more letters so either he's not doing anything about it or the bank aren't listening [:(!]


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

Hi Claree_x.

We commonly hear that creditors issue default notices after trust deeds have started. That's their right. Matam2k may be correct in saying they should be backdated to the date the trust deed started but it isn't something I've heard previously.

If you wanted to try to organise this backdating you'll need to contact the creditor yourself. Trust deed firms wouldn't consider the status of your credit file to be part of their duties associated with your trust deed.

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


   
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(@claree__x)
Eminent Member
Joined: 14 years ago
Posts: 26
Topic starter  

I understand that I would have to sort the credit file myself but I thought it was my trustee's responsibility to make them aware of my trust deed and to stop them continuously sending me letters threatening action. If they knew about the trust deed I presume they wouldn't be posting defaults, as the rest of my creditors.


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

Hi Claree_x.

They're entitled to issue Default Notices whether or not they know about the trust deed. Other creditors may do so in the future as well.

It's surprising that you're receiving collections letters after all this time. Your Trustee will have written to each creditors with details of your trust deed but it seems like some may have failed to update their records.

You can certainly continue to ask your trust deed firm to request that any creditors who have continued collections activity cease doing so.

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


   
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(@claree__x)
Eminent Member
Joined: 14 years ago
Posts: 26
Topic starter  

I think the reason for this is that my overdraft with Ulster Bank was still running and was therefore not in defaults until recently when the overdraft period expired so I am now effectively overdrawn - if that makes sense.


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

That does make sense. I presume Ulster Bank were initially notified about the trust deed in the same way as everyone else Claree_x? Sounds like they need to get their records updated.

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


   
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(@claree__x)
Eminent Member
Joined: 14 years ago
Posts: 26
Topic starter  

They would have been but I'd imagine with an account that wasn't overdrawn they didn't bother doing anything about it - hopefully my advisor can contact them again, if he ever replies to me!


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

So there was no overdraft on the day that you signed the trust deed?

Or was there an overdrawn balance but it was within the agreed overdraft limit at the time?

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


   
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