Can we be penalized because our IP didn't send information until chased?

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matthew914
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by matthew914 » Thu Jul 20, 2017 5:52 pm
We entered into an IVA on 6th September 2011. We received a completion certificate on 31st May 2017. After having forwarded the certificate to the main 3 credit reference agencies we have been told that whilst our names are on the Insolvency Register they cannot remove it from our credit report. I contacted the Insolvency Register last week who had not received any notification that the IVA was satisfied and confirmed that the information needed to come from our IP. I contact the IP who said they would forward the information straight away.
The Insolvency Register service has now confirmed that this was received on 17th July and for that reason our details will not be removed until 17th October 2017!
We were always made aware that details would remain on our records for 3 months following completion, which would be 31st Aug 2017 and that everything would be erased, regardless, after 6 years from the start date, which would be 6th September 2017.
Surely we cannot be penalised because our IP hasn't bothered to send the information until they were chased?
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Foggy
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by Foggy » Thu Jul 20, 2017 6:06 pm
There is every possibility that you will come off the Insolvency Register before the usual three months is up and, if asked nicely, they might consider using a date three months from the date of issue of the certificate, rather than three months from the date they get sent a copy. But, at the end of the day, there is very little you can do. I would, in the meantime, also check your default dates, to make sure they drop off as expected too. Have a read here:

https://www.iva.co.uk/what-does-an-iva- ... dit-record
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luluj
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by luluj » Fri Jul 21, 2017 4:10 am
You might want to forward a copy of your dated certificate and any correspondence relating to May 17 to the insolvency team and ask them to make changes based on that but as Foggy says you may have to wait.
I know its frustrating but another three months is nothing in the grand scheme of things.
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Lisa Thomas
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by Lisa Thomas » Mon Jul 24, 2017 8:42 am
To be fair to your IP the register received the notice within about 2 weeks of the CC being issued, so allowing for delays for post etc this seems reasonable to me.
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matthew914
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by matthew914 » Mon Jul 24, 2017 8:59 am
Our IP took 6 weeks to send the information following completion and that was only because we chased it. If it took me that long to send paperwork in my job, I'm sure my manager would have something to say about it.
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kallis3
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by kallis3 » Mon Jul 24, 2017 9:06 am
I was lucky to be off the register within a couple of weeks from completion but it will be up to three months after Insolvency Service receive notification from the IP.
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Lisa Thomas
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by Lisa Thomas » Mon Jul 24, 2017 1:33 pm
matthew914 wrote:
Our IP took 6 weeks to send the information following completion and that was only because we chased it. If it took me that long to send paperwork in my job, I'm sure my manager would have something to say about it.


Sorry Matthew I thought it was 17th June, not July that it was received. I agree 6 weeks is too long and the prompt shouldn't have been necessary.
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