I do question if this is good practice

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Kes

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Post by Kes » Thu Oct 16, 2008 9:45 am
Hiya, I received my certificate of completion in April this year ref my IVA. My questions are in relation to the correct practice of companies that agreed to be bound over by the courts after accepting my IVA as negotiated by my Insolvency Practitioner. Namely, can companies really sell on a debt when they alerady know that I am in an IVA as I have now got two defaults for for each debt I covered by my now settled IVA. Also, i notice that a debt which was sold on defaulted me without notice and before I even had gone into arrears with any of my creditors. My IVA started on the 31 March 2006 and this unknown 3rd party defaulted my credit file with no information as to who they are or anything at all in February 2006! How can this be so? I do question if this is good practice. Secondly, one company has only just listed the default on my credit file even though my IVA is settled, I entered it in March 2006, completed in April 2008 and they logged the default against me in August 2008 however, notibly they have not marked it as settled, but that they expect to receive £165 a month for the next 62 months. Again I am at a loss to understand this and the total fabrication of the details listed against me. Also, another creditor has again failed to write off the remainder post settlement of my IVA and still lists the debt as outstanding and in default. Please, would you be so kind as to explain what I can do have my credit file rectified, i expect of course to have 4 defaults as I had four creditors but I have ended up with 9 owing to the above and it is really disheartening as previous to my IVA my payment record was perfect and I was not in any arrears until I was instructed to stop paying by my IP. This is why I am confused by the default placed on my file in Feb 2006 by an unknown party whom certainly did NOT correspond with me in respect of any debt as I had no dealings with them and I did not get a Default Notice. Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 16, 2008 10:03 am
First of all - companies can sell on debts after an IVA has been accepted, indeed this is becoming the norm and a couple of large companies are now major players in this field.

You will need to contact the creditors directly and the credit referencing agencies to sort out the origin of the entries and to get them to update your file appropriately.
Regards, Melanie Giles, Insolvency Practitioner
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