Trust Deed Forum - Default marked as satisfied?
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
 Default marked as satisfied?
 New Topic  Reply to Topic
Author Previous Topic Topic Next Topic  

lp24
Regular Contributor

19 Posts

Posted - 09 May 2017 :  21:52:26  Show Profile  Reply with Quote
So I was discharged from my trust deed in February 2016 woohoo!
For the past 2 months I have been chasing up creditors mostly vi email and asking them to ensure the default date is start date of trust deed and to mark the account as satisfied or partially satisfied and closed.
Every creditor has been obliging except Capital One. Firstly they have told me that they would only mark the default date as the datebook my trust deed came protected which is 6 weeks after my signing date. I argued but they wouldn't back down. They also won't mark as satisfied. Every other company has and my credit file is clearing up nicely but still have capital one showing a default.
I emailed them yesterday to ask and this is what they said ...

"We’ve looked into this for you and although we’ve received a copy of your trust deed completing, The Insolvency Exchange have not. Therefore, you would need to ask your Trustee to contact them and send across the relevant paperwork for us to be able to report this back to the Credit Reference Agencies.

Until this information is confirmed with them, we’re unable to change the way we’re reporting this."

Can anyone shed any light on this?

Thanks

lp24
Regular Contributor

19 Posts

Posted - 09 May 2017 :  21:54:44  Show Profile  Reply with Quote
Sorry was discharged in February 2017 not 2016!
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12078 Posts

Posted - 10 May 2017 :  10:28:06  Show Profile  Reply with Quote
Hi lp24.

I'm not sure about the signing date versus protection date to be honest. Gut instinct tells me it should be the trust deed signing date, but I may be wrong and we're only talking about a few weeks anyway.

The advice we had from the Information Commissioner was very clear, creditors should mark your default notice as being satisfied or partially satisfied when you (not your trustee) are discharged.

The point about it being your responsibility to provide information to The Insolvency Exchange to get your credit file updated appears to be total and utter nonsense. Capital One has an obligation to report correctly to the credit reference agencies and they appear from what you've written to be content to continue reporting information to the CRAs which they know to be incorrect.

So, for the sake of expediency, you could do as they suggest to try and get everything cleared up.

If it were me though, I'd be submitting a formal complaint to them. It's public information that you have been discharged - they could look it up online in less than a minute. It's their obligation to report correctly to the Credit Reference Agencies, but they appear to be consciously choosing not to. I think someone there has got the wrong end of the stick and that their complaints department could probably clear this up quite quickly.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

lp24
Regular Contributor

19 Posts

Posted - 11 May 2017 :  19:29:06  Show Profile  Reply with Quote
Thankyou I've emailed them back persisting.

Hopefully they get back to me soon. I can't understand the issue when every other creditor has update my file no problem.
Go to Top of Page

Kevin Mapstone
Trust Deed Expert



3401 Posts

Posted - 12 May 2017 :  08:53:16  Show Profile  Reply with Quote
Am I reading this right? Capital One have said that they have received notification of your trust completing, but before they will act on it they need you to contact your trustee, to contact the Insolvency Exchange to confirm it to them. What absolute nonsense!

I'm sure you're not alone in not understanding the logic of that position, lp24.

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

lp24
Regular Contributor

19 Posts

Posted - 17 May 2017 :  16:49:54  Show Profile  Reply with Quote
I went back to capital one and received this email. I do not understand what they are being so awkward about when every other account / creditor has been marked as settled no bother.

Dear Mrs Pendergast,

Thank you for your recent email and for your patience while we looked into the concerns you raised.

We’ve completed our investigation and confirm we’re treating your recent email as a new complaint. This is because we believe the issue you’ve raised to be separate from the previous complaint you had regarding your default date.

We confirm we’re unable to uphold your complaint regarding the way in which we’re reporting your account to the Credit Reference Agencies. However, we’d like to explain how we’ve reached this decision.

We contacted the Insolvency Exchange directly to see if there is anything we can to do support you. They confirmed they need to receive the relevant paperwork from your Insolvency Practitioner directly to confirm you’ve been discharged from your Trust Deed.

Once they’ve received this, we will be informed and we will then update the information we reporting to the Credit Reference Agencies. To assist you, we’ve asked The Insolvency Exchange to contact your practitioner directly and asked that they treat this as a matter of urgency.

Until this information is confirmed with them, we’re unable to change the way we’re reporting the status of your account.

We appreciate you may be unhappy with our response. However, we do hope we’ve been able to clarify our position on the matter.

This is our final response on the matter but you still have the right to take your complaint to the Financial Ombudsman Service, free of charge. But you must do this within six months of the date of this email.
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12078 Posts

Posted - 17 May 2017 :  17:45:13  Show Profile  Reply with Quote
Hi lp24.

I'd have to agree with Kevin; this seems like complete and utter nonsense. It's their responsibility to get this right, and they're choosing to ignore almost immediately available public information that will show them that they're getting it wrong.

I guess the options are to:

1 - Give them a little time and see what happens

2 - Contact the Information Commissioners Office and ask them to intervene

3 - Raise a complaint with the Financial Ombudsman Service (you could do this along with contacting the ICO)

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

lp24
Regular Contributor

19 Posts

Posted - 18 May 2017 :  21:34:17  Show Profile  Reply with Quote
Thanks I've contacted my trustee and the information commissioner also. Will let your know what they say.
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12078 Posts

Posted - 19 May 2017 :  09:37:32  Show Profile  Reply with Quote
Please do lp24.

I'm interested to hear how this plays out.

My instinct is that Capital One are requiring you to meet the detail of their own internal policy about this type of thing. If that's right, I'm not sure that this internal policy will be consistent with how others believe this type of thing should be handled.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

lp24
Regular Contributor

19 Posts

Posted - 24 June 2017 :  10:01:32  Show Profile  Reply with Quote
So...I have been on contact to a fro with the financiaombudsman who have been a great help.

Final out Coke is that basically capital one should have marked my account as satisfied as soon as the received the circular when my form 5 was published, thy received this on 30th march and up until last week were still refusing to mark my default as satisfied.

Financial ombudsman gathered my evidence and spoke to them. Now that capital one have finally admitted they are in the wrong and are marking my default as satisfied, the financial ombudsman has also written to them telling them to pay me £100 compensation. Better than nothing!

So good to know, creditors should be marking your default as satisfied as soon as they have received the circular saying you have been discharged!!

Just waiting on this updating on my next credit file update in July and my defaults will all be satisfied.

:)
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12078 Posts

Posted - 26 June 2017 :  09:22:47  Show Profile  Reply with Quote
This is consistent with what we've been told before lp24.

Good to hear you've been compensated for your trouble as well.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page
  Previous Topic Topic Next Topic  
 New Topic  Reply to Topic
Jump To:
Trust Deed Forum © 2008 - 2017 www.trust-deed.co.uk Go To Top Of Page
Snitz Forums 2000

(c) Channel Active Limited. Company Number: 06412452. Data Protection Registration: Z1332750.
Telephone calls may be monitored or recorded. Authorised and regulated by the Financial Conduct Authority.
Trust-Deed.co.uk, Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP. Tel: 0141 2490416.