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Posted: Fri Apr 13, 2012 11:36 pm
by Chris.hy
I have complete y IVA. Final payment last November. Some of my crediters are still recording a default on my credit reference report. Is this right, can I do anything about this, what should crediters do?
Posted: Sat Apr 14, 2012 12:19 am
by Julie
Hi there,
Your debts should drop off after 6 years from agreement of IVA - we have posters on here who are experts on credit reports, hopefully they will reply to you soon.
In the meantime,you should send the credit reference agency a copy of your completion certificate and demand they update the records accordingly.
Search the forum for credit report / experian and you'll find lots of posts.
Hope that helps a little.
Posted: Sat Apr 14, 2012 4:56 am
by TheMatrix
The default should be marked as Satisfied or Partially Satisfied, there should be a Zero Outstanding balance and they should not be showing a default every month since the point you got your completion certificate.
You need to ensure the Original Default Date is dated the same date you entered your IVA.
If any of these details need amending you need to write to the Data Controller for each creditor concerned. You should get the address from the list of Data Controllers on the Information Commissioners website
http://www.ico.gov.uk/what_we_cover/reg ... llers.aspx
You should allow 28 days for the data controller to update your record at all three credit reference agencies. If they do no comply you should make a formal complaint, then take the matter up with the Information Commissioner / Financial Ombudsman as a last resort.
In order to do any of this though you're going to need a completion certificate. However there should be nothing stopping you from getting the original default date corrected now, as it is this date that is used for default drop off 6 years from registration.
Your IVA record will drop off the insolvency register after your IP sends them your completion certificate, this should filter down to the credit agencies and the IVA marked as completed. You want to check that that is done as the IVA record at the CRA is only deleted 6 years from the registration date IF THE IVA IS MARKED AS COMPLETED. If it is not marked as completed it could stay on indefinately or until they are told it has been completed.
Further advice and templates here:
http://www.iva.co.uk/forum/forum.asp?FORUM_ID=183
Posted: Sat Apr 14, 2012 6:35 pm
by Julie
Great advice - thanks TheMatrix.
Hope this helps you Chris.hy
Posted: Wed Apr 18, 2012 10:28 pm
by Chris.hy
Thanks Julie, thanks Matrix. I do have the certificate of completion. This came through very quickly but one of my lenders seems intent on ignoring it. I have sent a copy of the certificate to the three CRAs but they sent odd letters back saying they couldn't locate the record. I can and it isn't even my site...? I will assume I wasn't clear enough in my letter. I'll check out the templates. Any way I shall follow this up. At least now i have a plan. Once again thanks for the advise.
Chris
Posted: Wed Apr 18, 2012 11:36 pm
by Breezerboy
Hi Chris,
I would also recommend checking the insolvency registor to make sure your name has been taken off
see link below
www.insolvencydirect.bis.gov.uk
I checked mind 7 months after my completion date & it was still on. A quick email & a scanned copy of my Completion Cert & they took it off