Can I do anything about defaults still recorded ?

Get expert opinion. This is the place for new questions to be posted.
6 posts Page 1 of 1
 
 

Chris.hy

User avatar
Posts: 3
Joined: Fri Apr 13, 2012 11:36 pm

Post by Chris.hy » Fri Apr 13, 2012 11:36 pm
I have complete y IVA. Final payment last November. Some of my crediters are still recording a default on my credit reference report. Is this right, can I do anything about this, what should crediters do?
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Sat Apr 14, 2012 12:19 am
Hi there,

Your debts should drop off after 6 years from agreement of IVA - we have posters on here who are experts on credit reports, hopefully they will reply to you soon.

In the meantime,you should send the credit reference agency a copy of your completion certificate and demand they update the records accordingly.

Search the forum for credit report / experian and you'll find lots of posts.

Hope that helps a little.
 
 

TheMatrix

User avatar
Posts: 2171
Joined: Sat Mar 17, 2007 8:32 pm
Location: United Kingdom

Post by TheMatrix » Sat Apr 14, 2012 4:56 am
The default should be marked as Satisfied or Partially Satisfied, there should be a Zero Outstanding balance and they should not be showing a default every month since the point you got your completion certificate.

You need to ensure the Original Default Date is dated the same date you entered your IVA.

If any of these details need amending you need to write to the Data Controller for each creditor concerned. You should get the address from the list of Data Controllers on the Information Commissioners website http://www.ico.gov.uk/what_we_cover/reg ... llers.aspx

You should allow 28 days for the data controller to update your record at all three credit reference agencies. If they do no comply you should make a formal complaint, then take the matter up with the Information Commissioner / Financial Ombudsman as a last resort.

In order to do any of this though you're going to need a completion certificate. However there should be nothing stopping you from getting the original default date corrected now, as it is this date that is used for default drop off 6 years from registration.

Your IVA record will drop off the insolvency register after your IP sends them your completion certificate, this should filter down to the credit agencies and the IVA marked as completed. You want to check that that is done as the IVA record at the CRA is only deleted 6 years from the registration date IF THE IVA IS MARKED AS COMPLETED. If it is not marked as completed it could stay on indefinately or until they are told it has been completed.

Further advice and templates here: http://www.iva.co.uk/forum/forum.asp?FORUM_ID=183
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Sat Apr 14, 2012 6:35 pm
Great advice - thanks TheMatrix.

Hope this helps you Chris.hy
 
 

Chris.hy

User avatar
Posts: 3
Joined: Fri Apr 13, 2012 11:36 pm

Post by Chris.hy » Wed Apr 18, 2012 10:28 pm
Thanks Julie, thanks Matrix. I do have the certificate of completion. This came through very quickly but one of my lenders seems intent on ignoring it. I have sent a copy of the certificate to the three CRAs but they sent odd letters back saying they couldn't locate the record. I can and it isn't even my site...? I will assume I wasn't clear enough in my letter. I'll check out the templates. Any way I shall follow this up. At least now i have a plan. Once again thanks for the advise.

Chris
 
 

Breezerboy

User avatar
Posts: 15
Joined: Mon Jul 25, 2011 7:07 pm
Location: United Kingdom

Post by Breezerboy » Wed Apr 18, 2012 11:36 pm
Hi Chris,

I would also recommend checking the insolvency registor to make sure your name has been taken off

see link below

www.insolvencydirect.bis.gov.uk

I checked mind 7 months after my completion date & it was still on. A quick email & a scanned copy of my Completion Cert & they took it off
6 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”