www.iva.co.uk

Hi all,
We received our CC on July 2nd, I realize it remains on file for 6yrs post IVA date but should the file be updated to say the IVA is completed? it says ours are still active.
Also we have two defaults but the dates are 4 and 6 months post IVA date, how to we get these changed to the correct date?
And when and how can we get the restriction lifted from our house?
Thanks in advance

Credit clear up information in this link -- a template to get default dates amended is about half way down the page:

http://pjgrecovery.com/clean-up-credit-rating.asp

Your IP should have lifted the restriction when he issued the certificate of completion -- if he hasn't done this a gentle reminder is in order.

Template letter here half way down page for sorting dates. http://pjgrecovery.com/clean-up-credit-rating.asp. Attach completion cert and send to all creditors.

I also wrote to the 3 credit agencies and the BIS (insolvency regiater) with a copy of my completion cert and copy of report that showed all accounts that were covered by it so anything on credit report with same account numbers is marked as flagged as disputed, so a double pronged direction to get all dates and entries marked as settled, as credit agencies have replied saying they will contact creditors to confirm the details as they can't change it.

Note - important not to add a notice of correction, they can take a long time to remove and cause more hassle than worth.

I have also exhausted complaints procedure with credit agencies that they may keep IVA on file for 6 years once it is gone from public register. This has now been referred to the ICO with relevant EU documents and legislation which counters their argument for keeping it in there once it is off public register. I know that one will be a battle but it has started, in will take it to Home Secretary if required.

The goal is to only have the defaults on my credit account then the accounts marked as settled and then hopefully in 12 months my credit score may increase a bit if no defaults on account in last 12 months.

We shall see. I'm not sure about land registry thing, hopefully someone else can answer that one.

I remember your case Vic and what they were trying to do, so glad you challenged them, great result.

* Credit to foggy for sharing the template letter with me in a previous question.

lomslog101 - you might want to consider this https://ico.org.uk/about-the-ico/news-a ... h-results/

Thanks lifenotsoeasy,

The reliance the credit reference agencies use to keep the IVA on the file once it has gone from the insolvency register is the "legitimate interest article" there is a great data protection working party all about this directive and section 7(f) the legitimate interests argument, if you look at this link that has a short description, the link at the bottom of that had the full 68 page article, if you can't sleep one night, actually, it's really interesting and it's all about balancing the data subjects needs vs that of the data controller. http://uk.practicallaw.com/1-565-4287 what I take form it is that a data controller may not purely rely on f(f) legitimate interest argument to keep something on the file by default and there must be a balancing test, to protect the data subjects interests also.

likewise the data must be accurate, 4th principal of the data protection Act https://ico.org.uk/for-organisations/gu ... -accuracy/

ICO do mention the the legitimate interest side of things on their site too,bit it needs to be extended further, hence why I have written to them with specifics https://ico.org.uk/for-organisations/gu ... rocessing/ and I quote

"However, where there is a serious mismatch between competing interests, the individual’s legitimate interests will come first."

My argument is simple by having data on the credit file which is no longer on the insolvency register the CRA is in breach of the 4th principal of the act, coupled with as above where there is a mismatch the data subjects interests come first.

If there was to a be a balancing test and I have gone to expand on this in my communication to the iCO, if the IVA record is removed from my credit report, I will still have historic defaults marked against my account ,so anyone supplied with my credit report will be able to see there has been a history of defaults, but it is now settled, nothing outstanding, they do not need any further information.

If it was in the publics interests for the data to be retained then legislation would not allow for the IVA to be removed from the register 3 months after completion.

The argument that court records are kept on a credit report for 6 years is weak, what the rules actually is a CCJ will be kept for 6 years but a CCJ is not an IVA, it "MAY" be kept for up to 6 years and indeed longer if not completed but note the use of the word "may" again is is taken specifically from the iCO guidance on credit files,magazine the cra tried to refer to this saying it "will be retained", again wholly inaccurate.

I will let you know what the iCO come back with , and the regulators if required and the Secretary of State. I have also asked that if the ICO rule in favour with the CRA's if they could provide me with the act/SI/ law which permits them to keep outdated information on my file which is to my detriment.

For example if I wanted to apply for a job as a civil servant(or other job requiring a full security vetting) and a check was carried out I may be denied that opportunity due to out dated information on my file.

Couple this with case law and the EU directive you have quoted above I think those who finish an IVA inside 6 years have a strong case. I'm no lawyer just a layperson and I may need to instruct a lawyer/solicitor in the end but we shall see - this would be a game changer for the consumer which I think is fair.

Will keep you posted.

Also who is the data controller in terms of supporting why this is kept on file for 6 years.

The credit reference agencies are data processors and therefore act under instruction - which specific company are they acting on behalf of to protect their legitimate interests?

Some of these arguments are critical to IVA companies as well in terms of delays to issuing to cc's - they are knowingly allowing inaccurate information to be processed.

Hi Foggy, Longslog101 and Lifenoteasy, Thanks for the advice, I will certainly start with the letter and contacting the credit agencies.
One other thing I noted, there are only two defaults and these two did not accept the IVA, all the others are shown as settled. Is that how it works?
Yes Longslog101, it was a battle but sticking to our guns and with all the help received on here we came out on top and received our CC very quickly.

They have to remove defaults - doesn't matter that they didn't accept the IVA.

Write to the data controllers for those creditors - enclose a copy of your completion letter and tell them to remove the defaults.

Thanks Kallis3,
Sorry another question, when are we removed from the Insolvency register? and how do we go about doing that?

Your IP will let them know and it can take up to three months for you to be taken off.

Just to add that it should show as settled even before it comes off totally.

No it is still on and still showing as active

It should not be showing as active now - speak to your IP as it should be showing as settled.

Thank you, I will email GT now and ask it is changed.

They should have sorted that by now - hopefully by October you will totally be off!!