Trust Deed Satisfied but RBS wont remove info from Credit File.

sundancegirl

I'm wondering if you can assist or offer some advice with the following problem?

I am a first time buyer and had applied for a mortgage with a Credit Union recently. On paper I could afford the mortgage and my wage slips and bank statements were satisfactory too.

In November 2007 I signed a Trust Deed, this was satisfied in November 2010. I advised Credit Union that I had a Trust Deed and problems with credit in the past.

Credit Union did last minute credit check with Equifax and discovered my Trust Deed was not satisfied and I had 3 outstanding defaults, 2 being with the Royal Bank of Scotland and one with Great Universal Catalogue. This is incorrect and I have challenged this with both RBS and Equifax.

My problem is that the debts are showing as defaulted in 2008 which should not be the case. As I have paperwork to prove the Trust Deed is Satisfied in 2010 and started in 2007.

I issued a letter to RBS over 3 weeks ago and I have yet to receive a reponse.

I contacted the organisation who were dealind with Trust Deed who advised that this should not have happened as these debts were included in the Trust Deed and as this had been satisfied this should be shown as such on my Credit File.

4 weeks ago I emailed and sent a letter to Equifax with a copy of a letter fr advising that the Trust Deed has been satisfied and also sent emails and letter to both RBS and Great Universal.

Equifax have still not updated their records.

My second problem is I am going to have to pay solcitors fees of up to £775 for the work they have done in regards to the house purchase. If I cannot get this sorted out quickly I am going to lose out on the mortgage and the house and still have a large lawyers fee at the end.

Is there any advice you could offer me to speed this up and do you think there is anything futher I should do? Credit Union will not release the mortgage funds until this has been fixed.

Thanks for your time and attention.

Kind Regards[EMAIL="complaint.info@financial-ombudsman.org.uk"][/EMAIL]

fermi

Normally you would give creditors 28 days to update the CRAs correctly.

After that you could technically complain to the ICO.

However, as any complaint with them can take over 6 months to be processed, then it's usually an idea to issue a formal final reminder to the creditors in the hope that they will get their act together sooner than that.

Have you also checked Experian and entered a dispute through them?

sundancegirl

I have tried Experian and Call Credit both advise Trust Deed Satisfied but RBS and Great Universal still defaults. I will try your suggestion of writing to RBS with a final reminder.

Thanks again for your time.

fermi

Perhaps something along the lines of....

FINAL REMINDER.

NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY CREDITOR.

Dear Sir/Madam,

I refer to my letter dated xx/xx/20xx and received at the registered address of your Data Controller on xx/xx20xx. Proof of your receipt of this is attached.

In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

I entered a Trust Deed on xx/xx/20xx which was subsequently satisfied on xx/xx/20xx, and an account held with CREDITOR at the time was covered by the Trust Deed.

Namely:

Details of account(s)

For your convenience I also included with my initial letter:

List of documents you included.

I required that you:

- Mark these accounts in some way to indicate that these accounts are settled or satisfied as of the completion date of the Trust Deed.

- Amend any default entry to be no later than <start date of Trust Deed>, in accordance with the Data Protection Act.

You had 28 days to correct this information.

You have so far failed to comply with this request and your obligations under the Data Protection Act.

Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

You have 28 days from receipt of this letter to do so.

Should you fail to make the corrections required, further formal action will be taken.

I would appreciate your due diligence in this matter.

Yours faithfully

sundancegirl

I cannot thank you enough for that letter. That is an enormous help! :j

I will certainly be using that.

Kind regards