www.iva.co.uk

I let the credit reference agencies know that my IVA is completed and this is reflected on the register. Equifax have replied stating this will stay on my credit file for 6 years. Is that correct or once my IVA has gone from the register should it also disappear from the public records part of my credit report ?

I accept the defaults will stay on my credit report for 6 years from date of default but I thought the public records should reflect what is in public domain e.g. Once it is off the register it should not be on my credit report ?

Is their response correct ?

Thanks.

It will stay on your credit file for six years regardless of whether or not your finished early.

Good question but I have not got a clue. Hopefully someone else can answer.

6 years from the date the iva was agreed subject to receiving your cc.

The iva will stay on your credit report until then but should be marked as completed.

I finished early and it came off the register pretty much straight away - my credit file was on for the full six years.

Ah b*gger..... Re six years, I might challenge that as the entry is titled the "public records held in your name" if its no longer visible in the public domain on the register then I do not think it is accurate.

I accept that it may be a fruitless exercise but welcome thoughts ?

DPA - should be accurate and kept only for as long as necessary.

If the public record is no longer available I.e. You are no longer on the insolvency register then it is no longer a public record.

It's the same as your credit entries from what I can - they will mark it as completed but all records are kept for six years.

Hi lifenotsoeasy, great minds I have just read that the DPA applies to credit reference agencies too, so I will use that to challenge a public record entry if it stays on my file once off the register, I think I will use the ico.org.uk facility to make a complaint that the companies are holding in accurate information on my report which is in violation to the DPA as the entry will no longer be a "public record".

Its a slim chance, but I'm searching for some legislation which states that the DPA does not apply to satisfied IVA's. Nothing so far, so it could be juts the angle

I like a little battle [8D]

Sounds like you are looking forward to this Longslog. I would hate to cross yourself or Lifenoteasy as you are both well read and determined. Best of luck and perhaps you could set a precedent.

Longslog

Vs

Equifax
Call credit
Experian

In the xxxxxx small claims court.

Bring it on

I will now have to spend the next few days reading SI documents.....groan lol

See: https://ico.org.uk/for-organisations/gu ... retention/

The ICO has agreed with credit reference agencies that they can keep this information for 6 years.

This does not mean that they have to keep the information for the full period - it just means that there is an agreed standard.

If something is no longer a matter of public record (1958 and 1967 acts) then the agency needs to be able to state why the information is till being published.

If the Insolvency Register is the source public register and you are not on it any information the credit reference agency holds can be regarded as inaccurate.

Basically working practice was never changed to deal with people who completed an IVA early.

It will be a challenge and good luck if you are up to it.

Cheers lifenotsoeasy, I will keep you updated.

I'm loving this, I had never thought of it like you have and you are absolutely right in my book life's not easy & longslog!!
If you are no longer on the public register then it should not be on your credit file should it? As it is not a public record anymore? Definitely seems a breach of DPA. However if this gets amended in the future I am sure the references agencies will just word it differently to enable them to continue to report it for the 6 years? [:(!]

Love it....

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>ICO will retain a keen interest in how personal data is processed within the credit industry, given the significance for individuals of decisions based on CRA information. A record lodged with a CRA must be a reliable reflection of an individual’s credit standing. The Data Protection Act 1998 is likely to have been breached where, for example, inaccurate, out of date or excessive personal data is being used to assess your credit-worthiness.

Extract from here https://www.bba.org.uk/download-file/?f ... pmYWxzZX0=