default added after trust deed commenced-is this legal?!

confusedkate80

Can anybody help at all? I entered into a trust deed in Scotland which became protected in on the 28/10/2005. i made all my monthly repayments and was subsequently discharged on the 28/04/2009. I have since found out through Exeperian that I have a default for £1074 added to my account 12/2005. this is registered to a Maxrecovery inc whom I have never heard of before, tnhey appeaer to have bought the debt from one of my creditors. I hope you can appreciate how upset and dismayed was, especially as this was an ex boyfriends debt.

I am presently saving up for a mortgage and know that this is going to cause problems for me. Is there anyway of removing this from my credit record or finding out where it came from and why. the debt recovery firm have never tried to contact me and explained themselves. I have contacted 'Eversheds' the legal group associated with these people my first email received an automated response my second received nothing so I am having no joy at all. Can anyone help me? x

fermi

Max Recovery buy up debts that have been included in bankruptcies, IVAs, Trust Deeds etc. Presumably they pay pennies for them and just gamble that there will be sone sort of payout from a trustee/supervisor. On average they few that pay out must make them money I assume. They don't chase the debt with you as that is pointless for them.

If they record or take over a default record then it should be dated no later than the start of the trust deed.

The trust deed itself looks worse on your credit record than any default, and that stays for 6 years from it's start. So 2011.

You can get the default date corrected so that disappears at the same time if you like. Same procedure as in the IVA credit file cleanup sticky. Only a matter of a couple of months difference though, so you may not feel it is worth the hassle.

Charco_2

Unfortunately (unless someone can correct me) i dont think there is much that can be done.

Entering into a debt solution is always going to leave a blemish on your credit record. An IVA runs for five years (used to be three), a Trust Deed runs for three - Your credit record goes back 6 years and so blemishes will vanish one year after an IVA and three years after a TD.

So your credit record should have no blemishes after Oct/Nov 2011... the best you could hope for is to have this blemish brought back on month to when your TD started... but is it really worth the hassle?
Wait until after this point to apply for a mortgage because any searches in the meantime will result in a rejected application (or you'll need a sub-prime mortgage) and this will leave blemishes of their own on your record!

confusedkate80

thankyou both that was really quick! I kind of feared this would be the case, do you know if I would be looked upon more favourably if the default was paid (as much as I DO NOT want to do this.....)? I am looking at keyworkers accommodation which is part buy/part rent, I take it I would also be rejected for this too? x

Charco_2

No, i dont suppose it would. You would still have defaulted in 2005 and by paying up there's no guarantee that the bank/debt collectors would be able to (or willing to) remove a default - all you'd have done is paid a debt needlessly that you've already dealt with in your TD!

I dont know anything about keyworkers part buy/part rent accommodation so i couldn't comment!

Andrew09_2

Send Experian a copy of the letter of discharge and ask them to delete from file. I have spoken to them and they have said they would delete if they received the discharge letter.

Let me know how you get on or if you need further info.

Charco_2

Worth a shot i suppose