Hi finnvanb83.

As far as we know they can and should be backdated to when the trust deed started. The following article explains further:

https://www.trust-deed.co.uk/repair-your-credit-rating.html

Threaten them with the ico. Allow them 28 days to change the defaults to a date no later than the date of protection. If they dont play ball contact the ico for help.

Paul

Is there any legal paperwork/templates that I can use to force Capital one to ammend the date of default on my account? They point blank refuse to change it and now say that the only time they would think about changing it is 6 years after the TD became protected, so in my case Dec 2014. This makes no sense to me!!!

Hi finnvanb83 - if they don't change it till Dec 14 it means they are complying. The default should last for six years so the default should drop off in December 14 rather than "alter".

Barclaycard are still showing as a "late payer" on my credit file. Reality is that I defaulted in 2009. If it doesn't amend properly after my Trustee has paid out their funds, I will be on to them.

Hi finnvanb83.

We spoke to the ICO about this precise subject. Default notices should not be dated after your trust deed began per the information they gave us.

Complain formally to Capital One. If it's unresolved take it to the Information Commissioner.

Hi finnvanb83, Great advice from Trust Deed Assistant in going back to the originator, namely Capital One.

I would assume that as the TD is a diligence stopper then the Default should not be placed, hence the Information Commissioner would take up a complaint once you are unsuccessful in finding a resolution with Capital one.

Regards

David T

This was posted by another user a while ago. I used it and it did the job

ÔÇó The credit agreements that fell under the trust deed will stay on your credit file from 6 years from the date that you took the trust deed (date of default on your file). HOWEVER many companies will not have updated the file correctly. This means a) the dates of default will be wrong and they won't drop off your file at the right time and b) may not be marked as settled which they should be once you finish the deed and have the letter to prove discharge. To sort this out, you need to write to all applicable creditors, enclosing a copy of the letter.

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

A Person

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