Hi ScotsLad.

I'm sorry to hear that you're facing this obstacle. I do hope we can help you to overcome it.

Our main article on credit rating matters is here:

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

Basically, this all comes back to the data protection act. Firms shouldn't store or share incorrect data that is having a negative influence on what you want to do.

The responsible organisation is The Information Commisioners Office. We've found them to be really helpful when researching articles like those above. You can contact them yourself and get some pretty specific information from the responsible statutory body. I think this might have a lot of weight with your potential new employer.

Contact details for the public are available on their website.

Hi ScotsLad,

Cleaning up your credit file in relation to the defaults can be a time consuming process unfortunately.

As TDA has advised it's probably best that you speak with the Information Commissioners Office about this. They may be able to give you clarification in writing which you could then use with your application.

Also, your previous Trustee could provide you will a letter confirming that you co-operated fully, made all of your agreed payments and have now been legally discharged from all of your debts. You could also provide the police with a copy of your discharge certificate.

Have you been given a timescale for explaining the errors on the file?

Thank you both for your replies.

I have contacted the ICO who were really helpful on the phone but might take up to 14 days to respond by email with confirmation. I also contacted my Trustee who hasn't responded yet but I've requested a basic email confirming I paid on time and was discharged having met all the requirements of the Trust Deed.

Kevin - I've not been given a timescale but reading between the lines I think it's the sooner the better.

Sorry not Kevin... David.

Hi Scotslad, I am not so sure that it is your trust deed, as I was sequestrated in May 2011 and discharged in May 2012, therefore it is still showing on my credit files, I too, applied to join Police Scotland and sat & passed the entry exam, fitness test and initial interview. I was given a date for my Assessment Centre but withdrew my application beforehand.

Good luck with your application 😉

Hi Juliet. I don't think my trust deed is affecting it but my defaults are.

My trust deed is off my file now. The defaults are still there and I think that's affecting it.

Hi again, my point was that my sequestration along with all the defaults were all on my credit file and I got through the vetting.

That's very unusual Juliet.

I think you'd be the exception rather than the rule.

I don't have any other adverse credit and the reason given by vetting was "current financial situation".

Thanks for the feedback.

Hi, I am not so sure as my husband applied too and he also got through and he has adverse credit and a bankruptcy on his credit file. Perhaps it's the reasons given for the financial problems. Good luck anyway.

Thanks 🙂

Looking for some thoughts on this letter? I plan to send it tomorrow. Personal Information redacted. Wall of text warning...

Dear Sir/Madam,

With regards to the recent refusal of vetting as part of my Police Scotland application I am writing to provide more information about my current financial situation.

On XXXX 2009 I entered into a trust deed as I was facing financial difficulties that had occurred as a result of a relationship break up a few years prior. I took this step after seeking financial advice from a Debt Support charity. A trust deed is a formal, legally binding document that transfers part or all of the debtor's assets (money and property) to a trustee to manage for the benefit of the creditors. I paid an agreed amount to my trustee every month for three years that would be split amongst my creditors. This was a private arrangement between me and my creditors. A trust deed is not the same as bankruptcy or sequestration but it is a form of insolvency.

At the point of signing a trust deed all creditors are informed and notice is given in the Edinburgh Gazette. A trust deed automatically becomes protected unless a majority in number or one-third in value of the creditors objects in writing within five weeks of its advertisement in the Edinburgh Gazette. My trust deed became protected on XXXX 2010. Once protected a trust deed is binding on all creditors. At the point of signing my trust deed it included the following creditors:

XXXX (Started 11/02/2009)
XXXX (Started 22/08/2009)
XXXX (Started 24/10/2007)
XXXX (Started 27/10/2006)

All of these creditors were automatically included in the trust deed as the accounts were active on the date I signed my assets over to my trustee. You can find public information about my trust deed in the Account in Bankruptcy register of insolvencies: XXXX (this entry will expire one year after trustee discharge, so I have attached a PDF copy for reference).

I was later discharged from the trust deed on XXXX 2013 having satisfied all requirements of and made all agreed payments. I attach a copy of my Letter of Discharge (Form 5) for your information. This letter of discharge also confirms the date I entered into the trust deed arrangement.

As part of my Police Scotland Application I was aware that a vetting check that involved credit references being sought would take place so I subscribed to a credit reporting service to ensure my file was in order. I discovered that all four of my creditors had recorded defaults on my credit file; however the dates they registered these defaults does not meet the requirements set out by Data Protection Act and the Information Commissioners Office (ICO). The default dates they have registered are anywhere between six and twenty five months after I signed my trust deed. In reference to bankruptcy (note: the same rules apply to trust deeds), the ICO state:

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 bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your bankruptcy order. Remember to send the lender a copy of your bankruptcy order or other documentation which confirms the date you were declared bankrupt.

I have also attached Credit Explained, a document produced by the ICO which explains my rights as the consumer to have this information updated to reflect a true account of my situation. I'd like to refer you to pages 30-33.

Since applying to Police Scotland I have been working hard to have my creditors amend my file and to date I have had XXXX, XXXX and XXXX all agree to update my credit file. Below I have provided the dates they agreed to amend the details. These changes can take up to 30 days to be reflected on my credit file as each credit reference agency is informed and updates the information.

XXXX - 9th February 2016 (Letter attached)
XXXX 6th February 2016 (Letter attached)
XXXX 15th February 2016 (Letter not yet received)

I am still waiting on XXXX to agree to update my file. I wrote to them on 29th January 2016 and they have until 26th February to respond before I can escalate the case to the Information Commissioners Office where I expect they will ask XXXX to update my file.

I am writing to you today to ask that you reconsider your decision to refuse vetting due to my current financial circumstances as I believe that my credit file does not currently reflect a true picture of my financial circumstances because the majority of the information logged there is currently incorrect.

Hopefully I have provided you with enough evidence and reference points to show that my credit file is inaccurate. I realise that it is my responsibility to manage my own credit file and ensure all the information is accurate but perhaps naively I had assumed that major credit providers would follow the rules laid out in the Data Protection Act.

Kind Regards,

ScotsLad

Hi Scotslad

You have obviously put a lot of effort into your letter.
There is a lot of information for them to plough through.

I would consider including ......... (perhaps after this paragraph)

I was later discharged from the trust deed on XXXX 2013 having satisfied all requirements of and made all agreed payments. I attach a copy of my Letter of Discharge (Form 5) for your information. This letter of discharge also confirms the date I entered into the trust deed arrangement.

Six years from the date of signing, the Trust Deed is automatically removed - and all defaults for Creditors included also should be removed.

Please note from my Credit Reference file that the Trust Deed has been removed from my credit file.

The error in my Credit file is with the Creditors who are showing incorrect default dates and therefore are still erroneously being reported.

When the default dates are corrected, the Creditor records will also be removed automatically since they are more than six years old.

Or something similar to be more direct about them being removed six years after signing.

Hi ScotsLad.

I think that's a remarkably good letter - thorough, explanatory and well referenced.

I also think Firewalker's suggestions make a lot of sense.

Finally - surely anyone reading such a letter would recognise that the effort and intelligence that has gone into writing it demonstrate:
1: That you have many relevant skills for the role you're applying for.
2: Just how much you'd value the opportunity to work there.

Fingers crossed for you.

Thanks for the responses guys, made some final changes and sent it this morning.

I'll keep everyone updated.

ScotsLad