Congrats on finishing your TD, LouiseG!

I would contend that the defaults should be dated when you signed the TD (this was you breaching the contract), but some creditors maintain they will update it as date of protection. Certainly, it should be no later than the date of protection.

Regards any creditors who are showing no default, or defaults at later dates:

- Contact the creditor first and ask them to backdate the default to date of signing Trust Deed.
- If they refuse or ignore you, you can contact the CRA and ask them to have the creditor update the file. The CRA has no power to amend it themselves, but a request from them often goes a long way with the creditor.

Purchased debts:

- Default marks a moment in time - when your contractual obligations were breached. The date of default for Max Recovery's record on your file should match the original date of default with the original creditor. Sadly, it's not uncommon for both records to remain on your file and show technically 2 defaults, but the original creditor should at the very least update the record to show a nil balance.

Technically everything should leave your file around about the same time - give or take some disputes about date of protection vs date of granting, so you are correct to aim for this all to fall off simultaneously.

You can access your credit report for all 3 major CRAs free of charge (Clearscore = Equifax, Credit Karma = TU, use Money Saving Expert credit club for Experian). Personally, I would not spend money for a subscription with likes of checkmyfile

The formal date of default is a different thing to an account being marked each month as in default, LouiseG - I wonder if that is what is causing confusion here?

You should find for each debt that is being reported as in default each month that there is an actual date of default at some point in the past. This is the important date and should align with your Trust Deed date (or potentially before that). The record of the debt should disappear 6 years after that date.

Hi Louise,

Just to echo what DBHA21 has said, the Information Commissioners Office guidance states;

"Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar
arrangements
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."

So, once they have proof of the Trust Deed, they don't have room to argue. If they do, report them to the ICO.