Defualt after iva agreed

[chorltonred11]

Hi

Firstly thanks for all your good work done answering questions on here as it has been a great help to me. I recently recieved my completion certificate for my iva in Jan 2011. I started my iva around Feb 2007 and there's was one debtor now called clydesdale fianance who never came to the creditors meeting and as far as i'm aware never got any money. I have checked my credit file and it shows a default for Nov 2007 after my iva was agreed. The default is for £850 so am i right in saying this should not be on my credit file and if so how do i have it removed?

Thanks in advance

[Michael Peoples]

Defaults stay for six years so you could argue in Feb 2013 that it should be removed but not before. It may even stay until Nov 2013.

[plasticdaft]

You could argue the case now that the default date is incorrect(should never be defaulted after the date the IVA is agreed) but as Michael says its on there for 6 years from the IVA anyway.

Paul

[chorltonred11]

Thanks for your replies.

I know it's 6 years for my iva date which is Feb 2013 but they have defaulted me in Nov after the iva was agreed so this means it will effect my file for a further 9 months than it should do. Do you think i'm able to get this removed?

[plasticdaft]

As the information is incorrect then it can be amended but it wont be removed,contact the company that issued the default 1st to ask them to amend the date on file,if that doesnt work try writing to the credit reference agencies,failing that post again and we will help get this sorted. Although not critical given that the default will still be on file until feb 2013,it can be irritating!!

Paul

[kallis3]

They should not have put a default on after IVA approval so write to them enclosing your completion certificate and tell them to remove the default.

[TheMatrix]

even though they never came to the creditors meeting, they were still bound by the terms of the IVA.

You need to write to the creditor and get them to back date the date of the default to the date of your IVA.

It is unlikely they will agree to it being removed. But they do have a duty to acuratly reflect the correct default date.

[roscoewigan]

I had exactly the same with Welcome Finance. It's ok you don't need to worry. Simply send a copy of the completion certificate and letter (that states that if the majority of creditors agree etc) to the data controller at Clydesdale and ask them to update the credit file and move the default date to the start of the IVA.

Make sure you give them 28 days and send the letter signed for by Royal Mail. Also if you mention the financial ombudsman that will speed things up.

I owed 4.5k to Welcome and they didn't agree to the IVA (they didn't even attend the creditors meeting) and therefore did not get a penny.

They sent me a letter back within 21 days and apologised and amended the dates accordingly.

Good luck and hope this helps

[kallis3]

As far as I am aware,the fact that they didn't vote or attend the meeting would not mean they didn't get paid. That would only happen if they didn't put in a claim.

[roscoewigan]

They did not put a claim in at all.

Good luck

[kallis3]

That's fair enough if they didn't put in a claim.