When does IVA entry drop off credit report ?

[longslog101]

well at least the niff naff is out of the way and I can get everything ready for when I drop off the register and go straight to ICO.

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade> Dear Mr Smith

Thank you for your updated response about the Individual Voluntary Arrangement showing on your credit report.

I’m sorry that you’re unhappy with the way Equifax are processing your personal data. I’ve now reviewed your complaint in full and have included our final response below. You can see more about how we handle complaints by clicking the below link.

Answer Title: What's the Equifax complaints procedure?
Answer Link: https://equifaxuk.custhelp.com/app/answ ... l/a_id/225

After receiving your documents on xx/yy/zz confirming that your Individual Voluntary Arrangement had been completed, we reviewed the information we held and updated the record on our database to reflect this change. This was completed on xx/yy/zz +1 and an updated report was provided to confirm the change to your data. We confirmed at this time that the record would continue to show on your report for six years from the registration date.

If you wish to have accounts that were named as part of your IVA marked as settled, you'll need to contact each of the lenders concerned with a copy of your certificate of discharge.

You should ask for these accounts to be marked as settled with the end date of the account showing as the discharge date of the IVA.

While I understand that your IVA has been removed from the public register, this information still forms a valid part of your credit history. IVAs are held by the credit reference agencies for a minimum of six years from the date of registration and for an extended period of they remain active for more than six years. This length of time was agreed by the Information Commissioner’s Office to be reasonable based on paragraph 6 in Sch 2 of the Data Protection Act. This section advises that the “processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed”. The six year timeframe is also confirmed by the Information Commissioner’s Office in their Credit Explained leaflet.

For this reason, I’m afraid that Equifax aren’t in a position to uphold your complaint and remove this record from your report. I’m sorry that this isn’t the response that you’d hoped for but trust you understand our reasons for this. If you’re unhappy with the outcome of my review, you can ask the Financial Ombudsman Service to look into your complaint, free of charge, within the next six months. You’ll see their contact details below and can find out more about their complaint handling process in their leaflet your complaint and the ombudsman.

Financial Ombudsman Service
Exchange Tower
London
E14 9SR

Telephone: 0845 080 1800
E-mail: complaint.info@financial-ombudsman.org.uk
Website: http://www.financial-ombudsman.org.uk

Kind regards

their reply seems like flannel to me, and there are numerous articles on the interent on what "“processing is necessary for the purposes of legitimate interests " actually is.

https://www.slaughterandmay.com/media/2 ... erests.pdf

[longslog101]

here is what that section says in DPA

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>

6.—(1) The processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom the data
are disclosed, except where the processing is unwarranted in any particular case
by reason of prejudice to the rights and freedoms or legitimate interests of the
data subject.
(2) The Secretary of State may by order specify particular circumstances in
which this condition is, or is not, to be taken to be satisfied.

so now im off to find the definition of what "prejudice to the rights and freedoms or legitimate interests of the
data subject" the data subject being me

also worth trying to find out if the secretary of state would be interested in such as thing as per section (2)

I feel a bit of time on http://www.adjudication.org/cases-engla ... s-scotland over the coming days ! lol

this is quite interesting, that for a legitimate interests to be used it must comply with all DPA rules.

https://ico.org.uk/for-organisations/gu ... rocessing/

So, the million dollar question is, if the credit report holds out of date data which is no longer on the register does it comply with the Data protection act

[zee]

Very informative indeed

[longslog101]

I'm still working this and while the ICO work my complaint I wish to execute the second angle regarding using "legitimate interests" to keep a completed IVA public register holding on a credit reference agency report.

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>(2) The Secretary of State may by order specify particular circumstances inwhich this condition is, or is not, to be taken to be satisfied

I have googled secretary of state but there are lots of variations, can someone advise who/ which one this would be please ?

I have also written to the Insolvency service to ask their view and understanding on it, my argument being if it was genuinely in the public interest to keep a record of a completed IVA public notice on a persons credit file why to the Insolvency service remove it after 3 months, surely they have concluded it is not in the publics interest and hence remove it 3 months after completion ? Isn't the financial history of 6 years enough for anyone to form an opinion of a credit score, otherwise e.g. 2 years of good credit post IVA completion and your outdated IVA public record entry would trump all of that hard work and drag you back down to the gutter as a rating.

[lifenoteasy]

longslog101

See https://ico.org.uk/about-the-ico/news-a ... s-to-dcms/

[longslog101]

thanks lifenoteasy

I have decided initially to send it to Michael Gove, Secretary of State for justice and asked him to provide me with any such order, notices, instrument, guidance,agreement that allows for this practice IAW DPA Section 2 6(2)

2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied

Or to offer comment on if he believes the current practice as taken by the credit reference agencies is indeed IAW Consumer credit agreements and Data Protection Act.

We shall see, that's 3 irons in the fire now.....may all be for nothing and result in a big fat zero but I have been unable to locate anything that says the credit reference agencies may do this, and indeed may do this in blanket fashion when relying solely upon the legitimate interests argument without performing any balancing assessment.

[longslog101]

this is quite interesting http://www.linklaters.com/Insights/Publ ... urate.aspx