Trust Deed Forum - Defaults post-TD
Trust-Deed.co.uk
Home Home Page







Trust Deed Forum
Trust Deed Forum
Home | Profile | Register | Active Topics | Members | Search | FAQ
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 Trust Deeds
 Scottish Trust Deed Forum
 Defaults post-TD
 New Topic  Reply to Topic
Author Previous Topic Topic Next Topic  

LouiseG
Contributor

8 Posts

Posted - 11 May 2022 :  10:19:53  Show Profile  Reply with Quote
Hi,

Apologies, I know this has been asked before a million times but I can't find the exact info I'm after.



I finished my TD last year (Last payment Aug 2021, F5 Oct, F6 Nov) and am now in the very laborious process of cleaning up my credit file.

As I understand it my accounts should show a Default around the time my TD was Protected (signed July 2017, Protected September 2017) then be Unknown/Unreported until my F5 came through in November 2021, when they should be marked as Settled/Partially Settled?
Any defaults in the interim period, ie when I was making my payments, should be removed? And any defaults since November 2021 obviously.

If the debt has been sold on (eg Max Recovery) do they get to register a new Default when they take on the debt?

I'm registered with checkmyfile so I can see the main agencies at the same time. If the information is correct on two agencies but wrong on the other, should I be contacting the credit agency or the creditor? Equifax and TU seem to be largely OK, but Experian is just a big old mess for all the creditors. They are still showing Defaults to this day in some cases, and even when the debt was sold on they are showing Defaults on the original AND the new creditor.

It would be nice if my defaults disappeared at the same time as my Trust Deed, but I don't even know if that's what I should be aiming for!

DBHA21
Frequent Contributor

36 Posts

Posted - 11 May 2022 :  11:58:02  Show Profile  Reply with Quote
Congrats on finishing your TD, LouiseG!

I would contend that the defaults should be dated when you signed the TD (this was you breaching the contract), but some creditors maintain they will update it as date of protection. Certainly, it should be no later than the date of protection.

Regards any creditors who are showing no default, or defaults at later dates:

- Contact the creditor first and ask them to backdate the default to date of signing Trust Deed.
- If they refuse or ignore you, you can contact the CRA and ask them to have the creditor update the file. The CRA has no power to amend it themselves, but a request from them often goes a long way with the creditor.

Purchased debts:

- Default marks a moment in time - when your contractual obligations were breached. The date of default for Max Recovery's record on your file should match the original date of default with the original creditor. Sadly, it's not uncommon for both records to remain on your file and show technically 2 defaults, but the original creditor should at the very least update the record to show a nil balance.

Technically everything should leave your file around about the same time - give or take some disputes about date of protection vs date of granting, so you are correct to aim for this all to fall off simultaneously.

You can access your credit report for all 3 major CRAs free of charge (Clearscore = Equifax, Credit Karma = TU, use Money Saving Expert credit club for Experian). Personally, I would not spend money for a subscription with likes of checkmyfile
Go to Top of Page

Kevin Mapstone
Trust Deed Expert



4080 Posts

Posted - 11 May 2022 :  15:40:20  Show Profile  Reply with Quote
The formal date of default is a different thing to an account being marked each month as in default, LouiseG - I wonder if that is what is causing confusion here?

You should find for each debt that is being reported as in default each month that there is an actual date of default at some point in the past. This is the important date and should align with your Trust Deed date (or potentially before that). The record of the debt should disappear 6 years after that date.

Recommended Partner & Trust Deed Expert - Ask me for help setting up a Scottish Trust Deed
Go to Top of Page

CIF
Advanced Contributor

207 Posts

Posted - 11 May 2022 :  19:16:10  Show Profile  Reply with Quote
Hi Louise,

Just to echo what DBHA21 has said, the Information Commissioners Office 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."

So, once they have proof of the Trust Deed, they don't have room to argue. If they do, report them to the ICO.
Go to Top of Page
  Previous Topic Topic Next Topic  
 New Topic  Reply to Topic
Jump To:
Trust Deed Forum © 2008 - 2022 www.trust-deed.co.uk Go To Top Of Page
Snitz Forums 2000

(c) Bright Oak Limited. Company Number: 06774006. Data Protection Registration: Z1657982.
Telephone calls may be monitored or recorded. Authorised and regulated by the Financial Conduct Authority.
Trust-Deed.co.uk, c/o Bright Oak Ltd, Cardiff House, Priority Business Park, Barry, CF63 2AW. Tel: 0141 2490416.