www.iva.co.uk

Good morning,

I wonder if someone can assist with a very quick query. In May 2010, I successfully completed my IVA and in July, received a Certificate of Completion.

However, having kept an eye on my credit report for the past few months, I see that whilst the Agencies records have been updated (pertaining to my IVA completion), that a number of creditors (six) still show each of the accounts as defaulted (since 2004).

I'd like to have this corrected, but the Insolvency company I used for the IVA claim that as far as they are concerned, they've sent a copy of the certificate to each of them and that's all they're prepared to do.

My question is, what do I need to do to update my records with the credit reference agencies / creditors?

I've been trying to find a standard template letter to no avail!

So any assistance, no matter how small, would be highly appreciated!

Kind regards, Charlotte

It's a shame that your insolvency practice isn't willing to make a phonecall on your behalf. Phoning the main line and trying to get through to the right person will probably be extremely frustrating, so I would agree that a letter or a fax would be the best way forward.

I'll see if I can get an example letter for you, unless someone can beat me to it.

Awww, thank you so much - it would be a great help.
Having taken all this time to pay off my debts (which I'm proud of, even though it was tough) I'd like to clear-up my records too.

In my professional experience, credit agencies take little notice of letters from IP firms and it is far better and quicker to do this yourself.

Just for the record, your former IP is under no obligation to contact credit reference agencies, and they are under no obligation to enter into correspondence with your IP. So they are not being unhelpful deliberately.

You need to write to the Data Controller for each of the creditors where a default is registered incorrectly asking them to amend the default date under the data protection act.

If they don't comply your next course of action would be to go to the information commissioner.

Sample letter below;

(NOTE ADDRESS BELOW IS THAT OF THE DATA CONTROL OFFICER FOR SANTANDER WHICH IS NOT THE SAME AS THE CUSTOMER SERVICE ADDRESS)

Data Control Officer
SANTANDER UK PLC
2 TRITON SQUARE
REGENTS PLACE
LONDON
NW1 3AN


Dear Sirs

Re: Account Number [FROM CRA FILE]

After consultations with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I entered into a Individual Voluntary Arrangement on [IVA AGREED DATE] and subsequently completed the arrangement on [IVA COMPLETED DATE], and Abbey was included within the IVA. For your convenience I have attached a copy of my Certificate of Completion.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect.

• It is requested that if you intend to default the account, the default entry date must be dated [IVA AGREED DATE], in accordance with the Data Protection Act.

• It is requested that you mark the account in some way as to indicate that no further monies are due and the account is now paid, in accordance with the Data Protection Act.

I also request that any search you carry out is deleted after correcting the information held at all three credit reference agencies.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant completion certificate to this request.

Yours faithfully



YOUR NAME
Enc:

IVA Certificate of Completion.
ICO Default Guidance Note V3 02/08/2007

That is a very good letter. So much so that I am going to pinch it to use for my own clients!

Inaiva - thank you so much for the amazing template letter; it's brilliant and you're a Star!

I'm going to use it and send off letters this weekend.

Fingers crossed that it'll do the trick.

Charlotte

Charlotte,

Send them recorded delivery, you have proof then they received them, which you can then show the Information Commissioner if they don't play ball.

To find the Data Controller's address to write to just do a search for the creditor here http://www.ico.gov.uk/ESDWebPages/search.asp

Let me know how you get on, because I'll be using the same letter to clear my file as soon as my IVA is completed.

Inaiva,

Thanks for the suggestion - which I will put into practice.

I'll let you know the outcome too, via this thread.

Meanwhile good luck with completing your IVA.
Just over six months for you to go - good for you!

I remember my last 12 months, then counting my way down to six, five, four and eventually ONE month!

It's a long haul, but I'm proud to have paid off a substantial amount of my (then) huge debt, and have learned a lot of lessons along the way, trust me!

Even though it has only been a few months since the IVA ended, it really (really) feels good to have all of my salary again and to actually be able to SAVE money!!!


Best wishes, Charlotte

this is such a good letter i am bumping it up in case anyone has,nt seen it.

I've suggested to admin that we put it under the 'template letters' link on the left hand side of the page.

Admin have moved this to its own little slot now:

http://iva.co.uk/forum/default.asp?CAT_ID=47

This is excellent advice - thanks

Hiya,

Can I ask where I would get the 'ICO Default Guidance Note V3 02/08/2007' to add with my letter?

Ps. Excellent letter by the way - thanks mate

Here you go...

http://www.ico.gov.uk/upload/documents/ ... %20doc.pdf