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Topic starter
11/04/2019 3:29 pm
Hi All
Been looking at this forum on and off since I entered into my trust deed back in 2014, its been a great source of information.
I was discharged from my TD in December and since then have contact everyone to update their records on my credit file to show partial settlement and change the default date to when I entered into the TD. For the most part this has been less stressful than I thought it was going to be except for 1!
VW Finance who I had a HP agreement on are saying they are not willing to change my default date as they consider this to be when the agreement finally came to an end instead of when I entered into my TD. If this remains the case it'll impact my credit file for an additional 6 months!
Should they be changing the default date or am I in the wrong?
Any help would be appreciated!
Thanks.
TD is done!
11/04/2019 4:15 pm
Welcome to the forum FarCry.
Was the account with VW Finance included in the trust deed, or did you continue to pay the finance and keep the car?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
11/04/2019 4:16 pm
No it was included in the trust deed and the car had to be returned to them.
Thanks
TD is done!
11/04/2019 5:27 pm
They're wrong in that case!
I'd suggest making a formal complaint to them. This is likely to be dealt with by more informed people.
If you're unhappy with the outcome of the complaint, you can take the matter to the Financial Ombudsman Service I believe. They can intervene with the firm on your behalf.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
11/04/2019 5:29 pm
Thanks for the advice, much appreciated.
TD is done!
12/04/2019 10:47 am
Hi FarCry,
Get back onto them as TDA has suggested by way of a formal complaint and I think you will get it resolved.
Let us know how you get on.
David is not currently posting in the Trust-Deed.co.uk forum
17/04/2019 9:38 am
I know the FOS has been mentioned however, the issue related to the accuracy of personal data not the standards of the financial services provided to you of financial disputes, so your complaint if they do not update should be with the ICO (Still no harm in complaining to FOS too)
from the ICO site:
"If you have contacted the credit reference agencies and the original lender and there is an obvious inaccuracy which they are unwilling to correct then you may wish to report your concerns to the ICO. Please note that it's not our role to decide on financial disputes."
This documents sets out the principals (this case relates to the first principal)
http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf
quote from principal 4 "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"
https://ico.org.uk/your-data-matters/credit/ there is some very good information on what you need to do on the link
Hope this helps pointing their Data Controller.
