Does anyone have the legal info to get credit file corrected ?

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

Jon.78

User avatar
Posts: 1
Joined: Sat Jun 29, 2013 11:05 am

Post by Jon.78 » Sat Jun 29, 2013 11:05 am
I have just completed my IVA and am awaiting my cert of completion. On my credit file Welcome Finance (who were included in the IVA) are still reporting missed payments over the last 6 years as opposed to registering the account as default when the IVA started. I have contacted them several times and received a "final decision" stating they will continue to report missed payments and refuse to register the default. How can I get this rectifed? I really dont want another 6 years of bad debt hanging over me! Does anyone have the legal info I can quote to get this corrected?
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Jun 29, 2013 11:11 am
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

jonjo1978

User avatar
Posts: 21
Joined: Tue Aug 14, 2012 8:17 am
Location: United Kingdom

Post by jonjo1978 » Sat Jun 29, 2013 12:01 pm
Thanks, I am expecting my cert of completion around the 16th July, should I send a letter before that to get the ball rolling or wait for the cert?
 
 

TheMatrix

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

Post by TheMatrix » Sat Jun 29, 2013 12:30 pm
Covered by the Data Protection Act. ICO Guidance notes here

http://www.ico.org.uk/for_organisations ... 20doc.ashx

Happy reading..
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
 
 

jonjo1978

User avatar
Posts: 21
Joined: Tue Aug 14, 2012 8:17 am
Location: United Kingdom

Post by jonjo1978 » Sat Jun 29, 2013 1:09 pm
Thank you so much! This is the ammo I needed to start fighting back!
 
 

jonjo1978

User avatar
Posts: 21
Joined: Tue Aug 14, 2012 8:17 am
Location: United Kingdom

Post by jonjo1978 » Mon Jul 01, 2013 1:15 pm
So I have contacted Welcome finance again... they are sure it is not a legal requirement to register the account as default - they can just leave my credit report at 6 payments late for the entire duration of the IVA.... meaning it will stay on my crdit file for a further 6 years! I have started official complaints with the financial ombudsman and Info Officer... how likely am I to succeed? Is it a legal requirement that the account be registered as default?
 
 

TheMatrix

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

Post by TheMatrix » Mon Jul 01, 2013 4:53 pm
If that's their final answer then yes I would make a complaint. I would also say you stand a good chance of winning. Point the Ombudsman in the direction of point 47 of the ICO document above that states the creditor should mark the account in default no later than the start date of the IVA once they are told about the IVA.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
 
 

Shell.76

User avatar
Posts: 73
Joined: Thu Mar 01, 2012 1:53 pm

Post by Shell.76 » Wed Jul 03, 2013 11:38 am
welcome finance was also one of my creditors and my credit report also kept saying late payment even though they were included in my iva since 2007. i mentioned this to my iva company and on saturday received a letter letterfrom welcome finance stating due to my dispute over the credit report they have investigated this and that they would amend my credit report as i have now settled hope this helps [:)]
 
 

jonjo1978

User avatar
Posts: 21
Joined: Tue Aug 14, 2012 8:17 am
Location: United Kingdom

Post by jonjo1978 » Thu Aug 08, 2013 12:02 pm
I have contacted the Financial ombudsman regarding this issue and just had a phone call. They are recommending Welcome change my credit file as I wish. Welcome have a chance to argue but lets hope after months of stress this might be getting sorted out!
 
 

jonjo1978

User avatar
Posts: 21
Joined: Tue Aug 14, 2012 8:17 am
Location: United Kingdom

Post by jonjo1978 » Wed Oct 02, 2013 12:08 pm
The Financial Ombudsman sided with me and instructed Welcome Finance to correct my credit file and awarded me £50 compensation!

Welcome have since written to me and have deleted all credit info from my credit files to avoid any more issues arising. it took a long time but was well worth it in the end!
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”