I have tried again with the 2 CRA's who are still showing the Capital One debt on my Credit REport. It is shown as settled on Equifax with a settled date of 15/05/2008. It is shown as a default on Call credit with a default date of 15/05/2008. I have quoted the above from the ICOS and stated that it is my understanding that they can change the default date as they have my certificate of completion and therefore they are aware that the data they are holding about me is in-correct - probably will get nowhere but its worth a try!
You need to write a letter to the data controller at each agency quoting the exact wording from the ico. I would give them 28 days to contact Capital One and respond. Advise that if they fail you will be seeking compensation from them for their failure to comply under the guidance. Explain that you will place a formal complaint with the ICO of they fail to resolve the matter and suppress the default. The guidance is clear, they have to remove it. Best to put it in writing however as they could fail to keep a record of the conversation but a letter sent recorded delivery will have to be kept on file for audit purposes. Also send the request to capital one and explain theat you have a right to compensation if they do not remove it. Kicking up a fuss should work and get your complaint escalated to someone with the authority to action things.
"Just when you think that you can make ends meet, somebody moves the ends."
Thank you mattyboy, this is another avenue of attack, just fired off an email to experian to see what happens...
Thank you for the below note, as it is now more than 28 days since I originally contacted you about the inaccurate data on my credit file and in accordance with the guidance from the Information Commissioner {LINK TO DOCUMENT} I am asking that you do the following:
In accordance with point 47 of the above document, the lender must back date the default date of this default entry to the date of my IVA which is XX/XX/XXXX as indicated in my own credit file with you. As they have failed to do this, within 28 days since my initial dispute was raised with them through yourselves, I am requesting that you suppress the said default in accordance with point 41 of the above document in accordance with the ICO Document.
Kindest Regards
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
Matrix, I adapted a letter from the template you added for a number of things which has worked wonders. Experian and equifax updated their files without any objection. If you know your rights and writes a well worded letter it can work wonders.
CRAs don't care about individuals but they do care about thir finances, hitting them with complaints and compensation requests hits them financially so they find it easier to back down and do their job.
You really have to know your rights though as they will oh you off otherwise.
"Just when you think that you can make ends meet, somebody moves the ends."
I'll add the letters I have used here when I get a chance. I have the one I sent to equifax to get a notice of correction deleted about he IVA that they put on ith out permission. They removed it in 21 days. I have a Letter that I sent to experian as they didn't update my IVA as discharged. I also have the inl letters I sent to nationwide and the CRAs to get my incorrect default removed. But you deserve the credit as they are variations of your initial template
"Just when you think that you can make ends meet, somebody moves the ends."
Hello everyone - just a quick update on this one! I rang up Capital One and eventually spoke to someone in their Insolvency department. As result, the default date has been changed to 12/12/2004. And it has now dropped off my Equifax Credit report - however - it is still showing on my CallCredit report! On CallCredit the default date is now 12/12/2004 which is more than 6 years ago, but there is a default satified date which is showing as 16/11/2009 which the date my IVA completed successfully! So although teh default date is more than 6 years ago - it is still showing as a default on my Credit report - I feel like screaming!!
You need to get in contact with Call Credit. It's an error with their system in that case. As long as 12/12/2004 is shown as Default Date then they should remove it.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
I got in contact with Capital One - they have now agreed to remove it - so telling them it was their responsibility and not the Credit card company's responsibility seems to have worked - thanks everyone - I started my IVA in December 2004, owed £110k and now am totally debt free and have a clean, if somewhat empty credit file! I do have a small overdraft facility ( which I rarely use) and a Credit card ( which I pay off every month ) so it is possible to start again after an IVA!
Good news - just keep an eye on your account to make sure that it is removed.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
You need to write to the Data Controller for the creditor concerned if they are defaulting you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
