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30/03/2024 1:09 pm
Hi,
I entered my trust deed 2017 was discharged may 21
I have a couple of defaults on my file as the companies have went into administration and it’s showing they won’t come off until 2028 but they were included in my trust deed. I have tried to email no response , any advice how I remove these final 3 defaults ?
planning on a mortgage in 2025
thanks
31/03/2024 10:25 am
I found the quickest way to sort it was to make a complaint to the individual company's CEO. I had posted the following before re correcting default dates but it's easily adaptable to get them to mark satisfied/part satisfied as yet. May seem heavy handed but to be honest, I have little sympathy for banks. Most companies are petrified of GDPR breaches, so it does tend to get things sorted quicker. Give me a shout if you need any more help;
If you make a GDPR complaint and send it to the CEO of the company, they tend to sort fairly quickly. Haven't had a situation where I've dealt with a company in in Administration. However, I imagine the Administrator must have some kind of legal duty to ensure the information on your credit file is correct. There is a site where you can get email addresses for the CEO of most companies. Just Google CEO email and you will find it. Then email me them something like this;
Dear Sirs
I entered into a Protected Trust Deed on XXX which is shown on the Insolvency Register.
Having checked my (INSERT NAME OF CREDIT REFERENCE AGENCY) report I note that the default date is shown as XXX. This is incorrect and is a breach of ICO guidelines and the Data Protection Act 1998.There should be a default date no later than the start date of my Protected Trust Deed. The guidance states;
Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar
arrangements
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.
The guidance can be found here (relevant page is 7);
[link removed by admin]
Please correct this entry within 28 days or supply me with a written reason why you will not do so.
Hope this helps you sort it.
02/04/2024 9:48 am
@cif Apologies, as I know we removed a link from this post previously, however I'm now thinking we could allow it to be posted after all. Do you still have the link? Thanks, Kevin
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
