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Posted: Sat Mar 13, 2010 7:12 pm
by polar
I am after advice.

I started my IVA Dec 2003 and it ended May 2009.

My Egg account was included in my IVA.

First of all it took EGG 4 months to clear my default even after the 6 year mark. I still had credit agencies sending my letters etc. After correspondence from myself and my IP the account was finally removed.

2 Months ago the account reappeared on my credit files. This time it showed I had defaulted Dec 2008 but settled the account May 2009. (My default was Dec 2003 when my IVA was started and my IVA complete MAy 2009)

I contacted EGG again and the person who answered the phone told me the account would appear for information, but I explained the default date was wrong and also the account should be removed 6 years after the default.

I checked my Credit files the next day and the account was removed.

Yesterday I check my credit file and the account has reappeared:

On CALLCREDIT it shows a default Dec 2008 but account was partially settled on May 2009.

EXPERIAN does not show the default but just shows my account was partially settled on Dec 2008.


With the EXPERIAN entry as no default is shown on the entry then the account will stay on my file for another 6 years showing I partially settled the account.

Surely the account should just be removed.

What are the official rules for accounts under an IVA the length that they can be entered on credit files.

What should be my way ahead? Can I use my IP to help with the matter or a solicitor.

Sometimes I think finishing the IVA was the easy part.

Posted: Sat Mar 13, 2010 8:04 pm
by plasticdaft
Hopefully your IP will be able to help but any defaults after the date the iva was started must be corrected.

Posted: Sat Mar 13, 2010 8:11 pm
by Adam Davies
Hi
Write to egg and insist that all entries from each of the three credit files are removed, state that you will be contacting the Information Commissioner in 14 days if this is not corrected.
http://www.ico.gov.uk/

Please let the forum know how you get on
Regards

Posted: Sat Mar 13, 2010 8:31 pm
by polar
It seems Egg are editing the entry to remove the defaults so the entry only includes the Partial Settlement date. This means the entry could be on my file for another 6 years.

Posted: Sat Mar 13, 2010 8:32 pm
by polar
Is this the same as the Ombudsman.

Posted: Sat Mar 13, 2010 8:32 pm
by kallis3
Take Andy's advice and see if that works.

Sometimes the threat of action will make them take action.

It can't hurt.

Posted: Sat Mar 13, 2010 9:03 pm
by s27
I have also been having issues with Egg. Although they were included in my IVA, and it was completed early, they still show a balance of £3.5k outstanding, albeit a partial settlement. I have written to them three times to correct to satisfied/clear the balance, but they update every month but change nothing. All other creditors have labeled as "satisfied", but not Egg. I too will be taking this up under the Data Protection Act with the ICO but have read it can take several months to investigate/enforce.

Posted: Sat Mar 13, 2010 9:16 pm
by kallis3
A few months has to be better than a few years though.

Posted: Sun Mar 14, 2010 1:04 pm
by polar
s27 wrote:

I have also been having issues with Egg. Although they were included in my IVA, and it was completed early, they still show a balance of £3.5k outstanding, albeit a partial settlement. I have written to them three times to correct to satisfied/clear the balance, but they update every month but change nothing. All other creditors have labeled as "satisfied", but not Egg. I too will be taking this up under the Data Protection Act with the ICO but have read it can take several months to investigate/enforce.
If I ring EGG it gets sorted then a couple of weeks later my defaults or accounts appear again.
EGG are a pain in the rear.

Posted: Sun Mar 14, 2010 1:21 pm
by kallis3
Report them, as Andy suggests, it should all get sorted then.

Posted: Mon Mar 15, 2010 8:11 am
by MP1965
s27 wrote:

I too will be taking this up under the Data Protection Act with the ICO but have read it can take several months to investigate/enforce.
Yes prepare for a wait.... I filed a complaint with the ICO at the beginning of November '09, received an acknowledgement at the end of November, but nothing since!

4 months later my CRF still shows a default 2 years after the start date of my IVA, which if correct would have been removed next month!

Very frustrating... [:(!]

Posted: Sat Mar 20, 2010 3:41 pm
by polar
Defaults will remain for 6 years after the start of the IVA.

Posted: Sat Mar 20, 2010 5:22 pm
by Adam Davies
Hi
Defaults should be noted on your credit file before or shortly after your IVA is in place, they will then fall off your credit report before or soon after your IVA comes off your credit file [six years from when it started]
Regards

Posted: Sat Mar 20, 2010 9:13 pm
by kallis3
Depends on whether or not the creditor continues to default after the date of the IVA. If they do, you have to tell them to remove the default.