I'm in the process of cleaning up my credit files, and I have hit a bit of a snag with one account. It doesn't appear to have been included in the Trust Deed!
Basically, I had two accounts with Barclays- a loan and a current account. The loan (and much larger balance) was included in my list of accounts when I sat down and signed the Trust Deed. The current account wasn't an issue at that point, and I was advised to open and start using a new account at a different bank. Days after signing the TD, there was no money in the current account to cover the monthly fee, and I got a letter from them chasing that payment. I ring the Trustee, explain the situation, and I was told that it was fine, this account would be added in to the Trust Deed as it was still early in the set-up process, and way before becoming protected.
So over the next couple of months (and a few after the TD became protected!) Barclays kept adding missed payment fees etc, until the account was sitting around £330. It took a few months for them to stop adding interest to the loan as well. Both accounts were marked as default at the same time, both balances froze, and that was that. Or so I thought...
So I recently got in touch with Barclays about correcting my files. They have sorted out the loan no problem, balance zero, default date corrected etc. They haven't done this for the current account. So I checked through all my TD paperwork, and I can't actually find any specific reference to this account. Obviously should have checked this at the time, but you know what they say about hindsight!
Has anyone experienced similar? I will go back to Barclays and see what they are saying about it, but where would I stand with this if they say the Trust Deed doesn't cover it? Would I still actually owe them the £330? If I was to ignore it, would it fall off my file at the six year point anyway, or will it stay on there forever so long as they update it monthly?
Hi TheShadow.
This will be a timing issue.
Any debt that existed on the date you signed the trust deed was covered by it, even if they and your trustee did not know about it.
Any debt later accrued would not be covered by it.
So I think the key question is whether that first charge that was added to the account occurred just before or just after the date of signing the trust deed.