Defaults?

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bobbydavro

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Post by bobbydavro » Mon Nov 17, 2014 7:37 pm
Once you IVA has been approved by the court (Mine officially started 3rd July 2012) should my creditors report that my accounts came effectiveley default in this month or maybe August at a push as some of my creditors on my credit report says default started a year later of even december 2013? Is this right.
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Foggy

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Post by Foggy » Mon Nov 17, 2014 7:53 pm
No, it is not right --- the default date of any debt in the IVA should be on or before the start date of the iVA. If not you need to write to the Data Controller for the debtor and ask they amend it.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kazzafunk

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Post by kazzafunk » Mon Nov 17, 2014 7:53 pm
Some creditors need a prompt.

I sent our acceptance letter (copy) to each creditor and most have amended.

I am now going to wait until towards the end of the 6 years to get the other 2 sorted.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

Foggy

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Post by Foggy » Mon Nov 17, 2014 7:54 pm
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

bobbydavro

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Post by bobbydavro » Mon Nov 17, 2014 7:57 pm
Foggy, who is the data controller?
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kazzafunk

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Post by kazzafunk » Mon Nov 17, 2014 7:59 pm
That is the person / department who amend data.

If you google data controller then your creditor it may come up with the address.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

Foggy

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Post by Foggy » Mon Nov 17, 2014 8:00 pm
There is a link with info in that link I gave you.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

hubert

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Post by hubert » Mon Nov 17, 2014 8:29 pm
Can anyone explain exactly why a default cannot be after the IVA start date?

I noticed that one creditor (Sygma) registered a default 6 months after my IVA started.

I want to ask them to correct it, but on what grounds can I demand it be no later than the IVA start date?
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Foggy

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Post by Foggy » Mon Nov 17, 2014 8:35 pm
The Data Protection Act requires all data held about an individual to be factual. A debt in an IVA actually defaulted when you started missing payments, or entered into an arrangement. Any other default date is incorrect and therefore breaches the DPA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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