Old debt from trust deed

e-wiz2002 · 12 October 2013 at 4:29PM

I defaulted on an Egg credit card around 2001 - 2002 along with a couple of other financial products. When it got ontop of me I entered into a Scottish Trust Deed with an accountants called Wylie & Bisset in Glasgow.

3 years later, I was released from the Trust Deed, understaning my debts to be cleared, just a case of recovering my credit score with some sensible living and learning from my previous mistakes. Anyway a few months ago an entry for £4300 appeared on my Noddle.co.uk credit report, I disputed this with noddle and basically they supressed the entry until they received response from the DCA - Marlin Financial Services.

In the post earlier in the week I received a letter from Noddle stating that they had now heard from Marlin. Marlin purchased the debt from Barclaycard, Barclaycard purchased the debt from Egg and so the story goes...........

My first question, why has this not been settled with the Trust Deed?

Second question, since the trust deed was entered I never received any further correspondence from Egg / Barclaycard / Marlin in regards to this debt, remembering this is back in 2001 - 2002 we are now in 2013

Whats my next move? I haven't spoke to anyone since my dispute other than to notice on Noddle that entry has re-appeared with a default date of August this year, not the original default date!!!

fermi · 12 October 2013 at 4:42PM

You need to dispute again and write to the creditor telling them that the debt was covered by the trust deed and that any default must be no later than the date of the trust deed.

Debts covered by trust deeds/IVAs/bankruptcy do get sold on, but you can get it sorted.

e-wiz2002 · 12 October 2013 at 11:08PM

Thanks Fermi,

I hope this doesn't make any difference to me opening the dispute again but I checked my dates by Googling my name in the Edinburgh Gazette for my Trust Deed notification and it wasn't 2001 - 2002 it was actually the 27th of May 2005 when I filed for a Trust Deed.

Even so since this date I've had no communication with Egg or DCA and the account would still have been defaulted over 8 years ago.

Does this make any difference to my position?

Sorry for the incorrect dates in original post, but I thought I better check

ejc81 · 12 October 2013 at 11:28PM

e-wiz2002 wrote: »

Thanks Fermi,

I hope this doesn't make any difference to me opening the dispute again but I checked my dates by Googling my name in the Edinburgh Gazette for my Trust Deed notification and it wasn't 2001 - 2002 it was actually the 27th of May 2005 when I filed for a Trust Deed.

Even so since this date I've had no communication with Egg or DCA and the account would still have been defaulted over 8 years ago.

Does this make any difference to my position?

Sorry for the incorrect dates in original post, but I thought I better check

Make no communication to anyone at all until you get some decent advice on here. Noddle is entirely useless! They're related to Callcredit & they're reports aren't worth sh*te!

Get your report from experian & equifax before you query anything else & do not enter into any correspondence at all with anyone over the disputed debt!

e-wiz2002 · 13 October 2013 at 7:07AM

Yeah I had thought that, I'm going to contact Experian and get a copy of my report from them before I make my next move.

Not exactly sure what my next move is yet, but hopefully I'll get the advice needed to get this issue resolved.

Normally entries are removed after 6 years however for last 8 years I've been aware that this debt was dealt with by my Trust Deed but has now re-appeared with a new default date since it's been purchased by Marlin Financial Services

fermi · 13 October 2013 at 7:33AM

That happens with debts that are sold on sometimes.

You will need to dispute the entry, which normally you would do via the CRA and by writing to the creditor. If included in the trust deed, writing to the creditor is fine, as the trust deed means they can't do a thing about the debt apart from take it off your credit file.

The process of sorting it is essentially the same as this one:

click ---> Credit Reference File Clean Up Post Bankruptcy

In your case, you would:

- reference the TD instead of a bankruptcy
- require that they change the default date to that of the start of your TD. As that is 2005, then that would in effect remove it from your report.
- require them to mark and record it as settled as per the finish date of your TD.

If they refuse, then you take complaints forward with both the FOS and the ICO.

e-wiz2002 · 9 December 2013 at 2:40PM

Well the dates approaching. On the 12th of this month Marlin Financial will have had 28 Days to respond to my letter as per the template prodived in an earlier post.

The letter was sent recorded delivery so they can't use that old chestnut, so i'm guessing the next move will be to get in contact the Financial Ombudsman and file a complaint and leave it in there hands

Old debt from trust deed

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