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(@discharged)
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Joined: 13 years ago
Posts: 1
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i have been discharged now from my trust deed. I have a few defaults on my credit file. i see from previous entries about a templete letter that is available in the life after a trust deed to send to the companies re wrong dates and that my trust deed is finished and to mark as account settled. \i cannot for the life of me see the templete. Blacklilly mentioned in in a previous post. Is there a direct link to it? anyone help?

[:o)]



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi discharged and welcome.

I seem to remember that it was mentioned that this letter was on the MoneySavingExpert website.


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


   
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(@blacklily)
Estimable Member
Joined: 16 years ago
Posts: 105
 

Hi discharged,

Here is a link to the thread on MSE (TDA hope I am ok to post this), the thread is a bit old (2008) but I think the same legal requirements still apply now.

(broken link removed)

Can't get on MSE at my work so had to copy addy from my phone, hope it works ;c)



   
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(@plasticdaft)
Noble Member
Joined: 17 years ago
Posts: 1594
 

Going to start chasing up late default dates next month(need a new printer 1st).

Cant wait and that template will help in our quest!!

Paul


Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

I think this is the post that blacklily has been mentioning. I'm signposting it for information rather than endorsing it.

With due credit to MoneySavingExpert and the poster Bexter:

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.

ÔÇó 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.

ÔÇó 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.

ÔÇó 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

There you go - I don't know if you're intending to use it before discharge and I don't know how that works to be honest - maybe someone else can advise, or this appendix info may help..

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 http://www.ico.gov.uk

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 ÔÇÿNotice 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 ÔÇÿsatisfied' or ÔÇÿsettled' 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"


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


   
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