Cloggie wrote:@Foggy - I am trying to contact you regarding a response you gave to my post in December. How can I reach you? Short story - the Financial Ombudsman has said a creditor does not have to mark a debt included in an IVA as settled until the completion of said agreement which means they registered a default notice for the duration of the IVA (5 years) and then marked it partially settled which will remain on my file for a further six years. Any reaction?
Hi Cloggie. My understanding is that they do not have to register and account as in default at all, if they do not wish to do so. But, if they DO default the account, the date of default should be the date the account broke down .. which ordinarily would be on or before the date the IVA was accepted.
If a default has been registered then the whole shebang will disapear on the 6th anniversary of the default date. If no default has been registered, then, yes, the account history will sit there for 6 years from the time the account is considered settled / partially settled. This will show missed / late payments but not be considered as a default ... however, still not good for the credit score !
On marking settled or parially settled ... as long as a default has been correctly registered it matters not how they mark it as it will all go at 6 years. If NOT marked as a default they will mark it settled or partially settled when or about when the completion certificate is issued.
In the past I have only come across a couple of instances where the creditor has not marked the account as in default and, in one case, the creditor corrected this omission when requested to.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014