Life after a trust deed...still sucks!!!!!!

michelle43

Hi
have been out my trust deed for a year now after not been given much detail from my trustee

applied for a new current account witth a switch card facility and was declined straight away as it is classed as a credit facility was toldto look at my credit report (which is difficult without a bloody card!!) turns out the bank have defaulted on a loan and credit card that was covered by the trust deed, dated 2 months ago, Can this be right? Does anyone have any advice? or know a good template for a letter of appeal.

All comments welcome

Bexter

Hi there

I think I can help you.. I finished a TD a year ago and have had to do a fair amount of work to get things cleaned up - however have recently been able to get a Premier bank account with A&L and various other forms of credit (sensibly of course!!)

If the loan and card were included in the trust deed then the bank have to mark the date of default as no later than when you signed the TD. This way the defaults will fall off at the 6 year point. In the meantime I can suggest that Clydedale's basic bank account includes a Maestro card and doens't require a credit check. (well, that was the case 2 years ago, I presume it still is)

Here is the letter to send to the bank regarding the default - I sent it recorded delivery and then found that some creditors actioned it, some didn't - but by following up with phone calls I eventually got them all correctly amended. Feel free to PM me about any of this if you want to.

Dear xx

Re: Account Number ending ????
Name/address

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 <date> which became protected and was subsequently discharged on <date>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.

It is requested that if you intend to default the account, the default entry must be <date of signing TD>, in accordance with the Data Protection Act.

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.

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.