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Posted: Sun Aug 17, 2008 12:55 pm
by spiritualone888
hi im new to this site and im needin advice..
i went insolvent in 2003, it wrapped up all my debts and my deed became a PROTECTED TRUST DEED
i was dealt with under scottish law and my iva has settled all my degfaults now showing as SATISFIED
thing is some of the debts it wrapped up didnt bother to register themselves as DEFAULTS UNTILL 2005 AND LATE 2005
IS THIS LEGAL? shouldnt these of officially been DEFAULTS IN 2003 when my iva started?
im now looking at late 2011 till i can get credit which from my iva start of 2003 is AN 8 YEAR NIGHTMARE
many thanks to all decent enough to take the time to reply its appreciated so much
[B)]
Posted: Sun Aug 17, 2008 12:58 pm
by MelanieGiles
Hi there and welcome to the forum
The entries should have been put on the CRA records when your TD became protected - but they will stay on there for six years from that date. You should draw this to the attention of the the CRAs and the creditors concerned.
Posted: Sun Aug 17, 2008 1:00 pm
by spiritualone888
MelanieGiles wrote:
Hi there and welcome to the forum
The entries should have been put on the CRA records when your TD became protected - but they will stay on there for six years from that date. You should draw this to the attention of the the CRAs and the creditors concerned.
thanks melanie for replying so does that mean that these debts should have been registered as defaults when my iva went active in 2003 instead of 2005?
Posted: Sun Aug 17, 2008 1:03 pm
by MelanieGiles
Yes - that is correct. But I have heard that there may be some confusion with the CRAs on this matter of late so you should contact them individual and ask them why they have allowed entried to be posted as late as 2005.
Posted: Sun Aug 17, 2008 1:11 pm
by spiritualone888
MelanieGiles wrote:
Yes - that is correct. But I have heard that there may be some confusion with the CRAs on this matter of late so you should contact them individual and ask them why they have allowed entried to be posted as late as 2005.
thats great melanie your a star having a spotless credit record next year in 2009 is a lot more attractive than 2011....
i had queried this last year with equifax and experian sayin emmm why are these defaults registered in 2005 etc and the only feedback they gave me was because that was when the company finally gave up chasin my debt and decided to formally register it as a default.....
which i think is weird as you would think when my deed became a SCOTTISH PROTECTED TRUST DEED in 2003 they would have to have gave up and registered the default then? are they right in tellin me that or can i safely challenge the dates to be changed to the start of my protected truust deed?
thanks again your fab
Posted: Sun Aug 17, 2008 2:32 pm
by MelanieGiles
I think that you have good grounds to challenge the dates of the entries.