IVA Register: Class Action to sue Government

[jammawoman]

I hav e been on an IVA now since December 2007. I just did a google search on my name and all the bl**dy details of my IVA came up on page 2!!!!!! I am really distressed about this. While I was aware I would be on the IVA register it should NOT be a searchable thing on a search engine!!! Is there anything I can do about this? This seems highly unfair. Why does john public have to know my financial problems and I am clearly trying to rectify them?? in addition if they say Bancruptcy is published in the papers but here we have an IVA on woirld wide web! They may as well publish it in the papers! It feels like my business is now thrown out to the public for scrutiny!!

[TheMatrix]

I totally agree and all goes against the principles of the data protection act 1998 too

[quark2008]

That is totally not on. I don't what to say. Melanie might be along shortly and be able to give you some advice.I'm really gutted and very angry for you.

[jammawoman]

i am really upset to tears. My husband and I just started up a business and it doesnt take much for someone to punch in my name or his to see what our professional background was. And there it will be on page 2 of one of the largest search engines in the world! To make maters worse - my name is very uncommon. the thing has even my previous address, date of birth EVERYTHING listed. I am not bankrupt. People can still get credit using my details - and there it is ready for anyone o abuse!

[TheMatrix]

If you're in a a IVA you will find it very difficult if not impossible to get any credit. The problem lies with what happens when your record is clear after 6 years. All your details will be known to anyone gather data now to commit fraud later on.

This scares the hell out of me. Imagine the panic when those Tax records went missing. Its just the same, but because we are in a IVA or BR it is deemed necessary and ok for all our details to appear on a open register which can be searched for on the internet including search engines like google.

This is taking it too far in my opinion. I've already complained to the information commissioner about this but have not even had a response.

Still it was the only way out for me, that or BR and it would appear that people in a iva get just as much publicity as in BR and was one of the primary reasons for me going into a iva in the first place.

Seems I would have been better off, as we get publicity either way, of going BR. Still cannot turn the clock back and have passed the point of no return now with the IVA anyway.

[quark2008]

God this is so sh**.There must surely be something legal you can do. Data protection and that. Take the b*****s to court, get compensation and pay off your debts. How absolutely b***** outrageous.

[jammawoman]

Oh my GOD! I never thought of that! Now I am truly panicking! Especially as they are aware of WHEN the thing started! They will know when it is completed! Fraud will be a breeze! How can I challenge this? Is there anyone with any advice? While I know we have to be n this register - it should not be coming up under a name search on a search engine! It seems inhumane and an infringement of my rights.

[MelanieGiles]

This is something that reallt makes my blood boil - I almost feel like writing in stars myself.

This register should not be so widely available, and iva.co.uk has been petitioning for some time at the Insolvency Service to have it removed from the internet. If you lived in Scotland or Northern Ireland there would be no internet access, and therefore in my opinion this should be removed - but I fear that it will never happen.

[TheMatrix]

Its sitting on the IC's desk, it must be a big hot potato for him as he has failed to give me any response since I initially wrote to him 3 months ago.

Another benefit those in BR have is the details come off after 12 months, however with a IVA it stays on there for 5 years. Don't seem right to me

[quark2008]

Surely there must be a question of legality though ? This has left the poor lady wide open to all kinds of stuff.I wish there was something a bit more effective one could to support you right now jammawoman. I think obtaining credit in your name may be nigh on impossible but still. Very much thinking of you right at this moment.

[jammawoman]

No it is not right. So we are being punished for trying to deal with our debts?? So is this the catch for the debt being partly written off? The drawback for bancrupcy is no limited company - but that could not have stopped me from being a sole trader surely!! I have to fight this!

[jammawoman]

my husband is beside himself with anger. tomorrow I contact the information commissioner directly and a solicitor as well as these Register people who I have already sent a really andry comment via said site. I will keep you guys posted. But this is just wrong - noone should be subjected to this be it IVA or BR.

[quark2008]

Yes you must try and get some legal advice.This is causing you immense stress,and is completely unacceptable. Can you print out the page from Google ?

[MelanieGiles]

I think it will take a legal case to get this removed - but who in debt has the money to pursue that sort of action?

[quark2008]

Anyone in the legal business would be appalled by this i am sure, and what ever happened to legal aid ? A lawyer taking on Google ? they'd jump. Is anyone with you jammawoman ?