Page 1 of 2
Posted: Wed Apr 16, 2008 5:46 pm
by kevin.bm
I was forced into an IVA approx 2.5 years ago due to increasing bank and credit cards charges, which just seemed to snowball the debt to a point at which I couldnt keep up.
After 1 year of paying the IVA without problem, I paid a settlement figure and completed the IVA. Over a year later, and after several letters and repeated sending of the completion certificate, there are still 2 of my creditors who have not updated my credit report and these are showing as defaults.
I have recently bought a house on a 3yr fixed rate, and am trying to get my credit report sorted out so that at the end of my 3yr period I can hopefully get the best deal possible rather than paying a premium through having this on my report. Is there anything else I can do about this? I have been in touch with experian, and am paying a monthly fee for constant updates on my report so I can keep a check on the situation.
Also, as I was forced into the IVA due to charges, can I take any action against the banks should the test case on unlawful charges find in favour of the consumer?
Over the 6year period I would say the charges probably accounted for quite a large percentage of the total IVA amount.
Thanks
Posted: Wed Apr 16, 2008 6:30 pm
by emma_t
hi Kevin and welcome to the forum
Think your post needs an expert to answer as I am unsure.
Lots of qualified professionals post on the forum so wait around and you will get a reply soon
Emma
Posted: Wed Apr 16, 2008 6:57 pm
by whichwaynow
Hi Kevin and welcome to the forum. As Emma said I am sure a expert will be along soon. I am in a similar position as you. I completed a F&F IVA back in Febuary and now want to update my credit file to show the defaults as satisfied. How did you go about getting your file updated ? Did you have to contact your creditors or did your IP do it for you ? I called a few of my creditors today nd they claim that they did not know that my IVA had finished.
Posted: Wed Apr 16, 2008 7:00 pm
by RedDevil
Hi Kevin
If you have written to your creditors asking for the debts to marked as satisfied and they are ignoring your letters then you are well within your rights to report them to the Information Commissioner. Write to these creditors again and tell them that if they do not respond within say two weeks then you will have no alternative but to report them. Which creditors are we talking about? I am currently going through the process of cleaning up my credit file.
Regards Alan........Man U are looking good!
Posted: Wed Apr 16, 2008 8:21 pm
by Adam Davies
Hi
Your defaults and IVA will fall off your credit file in 3.5 years,just six months after your fixed rate ends.It may be easier to just wait until then to get back onto a fixed rate.
You can claim for bank charges and any money gained will be all yours
Regards
Posted: Wed Apr 16, 2008 8:25 pm
by Skippy
I've just sent off the letters to some of my creditors to clean up my credit files - who are you having problems with Kevin?
I ordered my credit files from Call Credit (totally inaccurate), Experian and Equifax and wrote to my creditors using a template letter from another forum (sorry!).
Posted: Wed Apr 16, 2008 8:33 pm
by whichwaynow
Hi Skippy,
Could you please point me in the direction of the forum as the template letter would be usefull. I have about 18 creditors who I need to contact.
Posted: Wed Apr 16, 2008 9:12 pm
by Skippy
Whichwaynow, if you're happy for Admin to pass your email address to me I'll email you the letter I used and you can just add your details. You'll need to adapt it slightly though as it's for BR rather than an IVA.
Posted: Thu Apr 17, 2008 3:57 am
by whichwaynow
Thanks Skippy that will be very helpful . Admin would you please pass on my email address to Skippy. Thanks
Posted: Thu Apr 17, 2008 4:42 am
by whichwaynow
One last thing I forgot to ask. A lot of my debt has now been sold on. Do I need to write to my original creditor or to the firm who has brought the debt.
Posted: Thu Apr 17, 2008 6:23 am
by Adam Davies
Hi
Done
Posted: Thu Apr 17, 2008 9:18 am
by Skippy
Hi Andy, I haven't had an email with Whichwaynow's address...
Posted: Thu Apr 17, 2008 12:01 pm
by kevin.bm
Whichwaynow - My IP sent in the completion cert and final payments. I then followed up by checking my credit file, and re-sent the completion certificates into the creditors in question when they said they hadn;t received anything.
RedDevil - The creditors are Egg, and Natwest. The stupid thing is, Natwest were in the IVA for both an overdraft and a credit card... One is cleared, the other still on there! So they cant deny having had the completion cert, yet they still are! You'd think their system would allow 2 seperate departments to view the same details but no..
On the subject of the charges: Will we still have to submit claims for the charges or will they automatically be refunded? I actually got charged £90, 2 months in a row for DD's not getting paid, even though the money was in the account! I wouldn't recommend Natwest to anyone
Posted: Thu Apr 17, 2008 3:03 pm
by whichwaynow
It had to be Egg and Natwest. They were both fine while I was setting up my IVA but then Natwest were a pain when it had been approved.
Sorry admin still no sign of any email.
Posted: Thu Apr 17, 2008 5:11 pm
by MelanieGiles
I would doubt that the banks would entertain claims for overcharged bank charges, and of course the legal test case in this matter is yet to be determined, but it might be worth a try.