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TheMatrix

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Post by TheMatrix » Sat Jun 21, 2008 8:37 pm
Go to the CRA's they 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...

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
Last edited by TheMatrix on Sat Jun 21, 2008 8:38 pm, edited 1 time in total.
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Soulgrowth

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Post by Soulgrowth » Sat Jun 21, 2008 8:41 pm
Is that what I need to do with my certificate of completion that arrived yesterday?

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TheMatrix

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Post by TheMatrix » Sat Jun 21, 2008 8:46 pm
I would. You obviously need to get hold of your CRA file first though, send each of the main CRAs £2 and they should forward on your credit file.
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whichwaynow

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Post by whichwaynow » Sat Jun 21, 2008 11:24 pm
I contacted the CRAs and they contacted 3. 3s reply to them was that the information was correct. When I called 3s credit dept they said that they would not amend the default even though the IVA was completed as it was their policy not to show it satisfied while I owed them money. I told them I did not owe them any money and all they said was that the IVA had stopped the collection department from chasing me but I still owed them money.
I would not mind so much but banks who have wiped out thousands of pounds for me changed the defaults with out a problem and 3 who I owed about £100 to will not.
IVA completed
 
 

Viki.W

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Post by Viki.W » Sat Jun 21, 2008 11:30 pm
So what does that mean? That they will never mark it satisfied? That can't be right surely. If it is that's terrible. X
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TheMatrix

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Post by TheMatrix » Sun Jun 22, 2008 6:36 am
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

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.
Last edited by TheMatrix on Sun Jun 22, 2008 6:53 am, edited 1 time in total.
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TheMatrix

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Post by TheMatrix » Sun Jun 22, 2008 7:05 am
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
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