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Incorrect default dates

 
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Last Post by Thedude2112 1 week ago
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 Thedude2112
(@thedude2112)
Active Member
Joined: 4 months ago
Posts: 4
Topic starter 13/09/2024 2:30 pm  

Hi all,

I've been discharged from my trust deed for a few years now and I am making an effort to tidy up my credit file, however I have 2 defaulted accounts that were included in my trust deed showing default dates that do not align with my date of signing the trust deed.

I noticed that in both cases these defaults are not showing on my file as from my original lender - in these cases it's from the companies who took over the debts.

Im not sure of my original account numbers to contact the original lenders (Virgin and Barclays) and worry that I'll have to wait an additional year for issues to dissappear according to the incorrect dates.

If anyone has experienced similar or can offer advice that would be awesome. 

Thanks, 

 

 


   
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 CIF
(@cif)
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Joined: 12 years ago
Posts: 223
13/09/2024 6:04 pm  

Hi Dude,

This shouldn't be happening. They should have dropped off 6 years after the date of signing. I have posted this reply on similar threads. Let me know if you need any more help;

 

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

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.

   
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 Thedude2112
(@thedude2112)
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Joined: 4 months ago
Posts: 4
Topic starter 14/09/2024 9:05 am  

Thanks Cif,

This will be my task for Monday. I'll update you all on the outcome. 

Thanks again, 

Dude


   
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 lizr
(@lizr)
Active Member
Joined: 4 years ago
Posts: 8
26/09/2024 9:04 pm  

Hi @Thedude2112,

I have the same issue with a couple of my accounts.  How did you get on with this?

Thanks


   
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 Thedude2112
(@thedude2112)
Active Member
Joined: 4 months ago
Posts: 4
Topic starter 26/09/2024 9:19 pm  

Hi lizr,

I've had no response yet, but from what I understand it'll take up to 28 days.

Hopefully it gets resolved without too much hassle!

 


   
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 Thedude2112
(@thedude2112)
Active Member
Joined: 4 months ago
Posts: 4
Topic starter 30/09/2024 7:28 pm  

Hi all, 

A short update - my case has been passed to a complaints handler in the case of my virgin money default date dispute. They have reviewed my complaint and won't action stating that there is no documentation on their records to indicate that insolvency proceedings were initiated and no formal notification of insolvency was provided to them, so based on their information the later is accurate. I have responded with my signed PTD and form 5 discharge as evidence, but I doubt that I'm going to get anywhere with it.

I'll call Harper McDermot tomorrow to see if they have anything logged that can support my case.

 

Dude


   
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