These are some notes from one of my previous posts about improving your credit rating. There is nothing you can do about getting defaults taken off early but at least you could get them marked as satisfied if they are not and that may help you clear up your file while you wait for the defaults to drop off and ensure the correct default date is registered. Some of mine are post the IVA creditors meeting date so once I get my certificate of satisfaction from my IP I will be following these notes too...
Make sure all your defaults are satisfied with the CRA's once your IVA is completed.
The CRA's have a obligation under the data protection act, and consumer credit act to ensure that the data is correct. Here is the letter I would use to make sure that defaults are marked as satisfied...
Dear Credit Reference Agency,
Your reference 123456-7890
Thank you for sending me my credit reference file. Please note that I no longer owe any money to CREDIT Company Limited.
The file shows that I did default on my credit agreement with CREDIT Company Limited, however the default date shown is incorrect, I ask that you amend the default date to show the date of my IVA creditors meeting where this debt was included.
The date of my creditors meeting was
xx/xx/xxxx as confirmed on the insolvency register.
As I have now successfully completed my IVA, please see the attached Insolvency Practitioners Certificate confirming this, I would also ask that you mark this default and the IVA as fully satisfied.
I expect a reply within 28 days of you receiving this letter Please make it clear all debts have been paid.
Yours faithfully,
IN A IVA
Some notes...
Keep a record of all contacts you've made with creditors and CRA's
You don't owe them any money now, the IVA legally wiped out that debt.
Your ex-creditor is trying it on. You have rights under the data protection act. Your next course of action would be to pursue the Information Commissioner, detailing all contact and showing proof your debts are cleared for an assessment.
There are some great little guides and advice on dealing with this problem on his website
http://www.ico.gov.uk/Home/what_we_cove ... ights.aspx
useful guide:
http://www.tradingstandards.gov.uk/fife ... credit.pdf
You may have to get to the point of threatening court action but I doubt very much it will get that far once they realise they are dealing with someone who knows their rights under the act.
If you've proof that the IVA has been settled and that debt was included in the IVA then that means the debt is settled and any data that reflects otherwise is inaccurate and you have a right to have it corrected. The data controllers in this case the CRA's have a legal responsibility to ensure the data is correct.
If you have to go down the route of making a 200 word statement on your file, known as a 'Notice of Correction' make sure you get it taken off when all the defaults drop off.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.