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SteveUK

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Post by SteveUK » Wed Dec 05, 2018 2:17 pm
Long story short. I had a motorbike on finance which I VT'd before my IVA started in 2012. As far as I was concerned I owed no more on it but according to the finance company there was an outstanding balance which was included in my IVA and shows on the final Chairmans Report.

Now it shows on Noddle as settled, with an outstanding amount owing and no default date.

They are flatly refusing to Default it so it seems to me that this outstanding balance will show on my credit report for ever.

Should I be worried (as it shows settled)

Steve

Foggy

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Post by Foggy » Wed Dec 05, 2018 2:29 pm
They have to default it as of the date it was included in the IVA. Write a letter to the creditor, along these lines, addressed to their data controller:

Re: [ account number / reference/ debt details]
I entered into an Individual Voluntary Arrangement on dd/mm/yyyy which is shown on the Insolvency Register.
Having checked my [ Experian / Equifax / Call Credit ] report I note that [there is no default date shown / the default date is shown as dd/mm/yyyy] . This is incorrect and is a breach of ICO guidelines and the Data Protection Act 1998.There should be a default date no later than the start date of my IVA.
Please correct this entry within 28 days or supply me with a written reason why you will not do so.


You can get details of the data controller from the ICO (Information Commissioners Office). If they refuse to cooperate complain to the ICO, attaching copies of correspondence to and from the creditor and proof of posting. It can take some time, but the ICO should convince the creditor of the error of their ways.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

SteveUK

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Posts: 76
Joined: Fri Sep 28, 2012 10:37 am
Location:

Post by SteveUK » Wed Dec 05, 2018 3:01 pm
Foggy wrote:
They have to default it as of the date it was included in the IVA. Write a letter to the creditor, along these lines, addressed to their data controller:

Re: [ account number / reference/ debt details]
I entered into an Individual Voluntary Arrangement on dd/mm/yyyy which is shown on the Insolvency Register.
Having checked my [ Experian / Equifax / Call Credit ] report I note that [there is no default date shown / the default date is shown as dd/mm/yyyy] . This is incorrect and is a breach of ICO guidelines and the Data Protection Act 1998.There should be a default date no later than the start date of my IVA.
Please correct this entry within 28 days or supply me with a written reason why you will not do so.


You can get details of the data controller from the ICO (Information Commissioners Office). If they refuse to cooperate complain to the ICO, attaching copies of correspondence to and from the creditor and proof of posting. It can take some time, but the ICO should convince the creditor of the error of their ways.
Thanks Foggy, it was in reply to that letter that they have refused to put a default date.

Foggy

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Post by Foggy » Wed Dec 05, 2018 4:13 pm
SteveUK wrote:
Foggy wrote:
They have to default it as of the date it was included in the IVA. Write a letter to the creditor, along these lines, addressed to their data controller:

Re: [ account number / reference/ debt details]
I entered into an Individual Voluntary Arrangement on dd/mm/yyyy which is shown on the Insolvency Register.
Having checked my [ Experian / Equifax / Call Credit ] report I note that [there is no default date shown / the default date is shown as dd/mm/yyyy] . This is incorrect and is a breach of ICO guidelines and the Data Protection Act 1998.There should be a default date no later than the start date of my IVA.
Please correct this entry within 28 days or supply me with a written reason why you will not do so.


You can get details of the data controller from the ICO (Information Commissioners Office). If they refuse to cooperate complain to the ICO, attaching copies of correspondence to and from the creditor and proof of posting. It can take some time, but the ICO should convince the creditor of the error of their ways.
Thanks Foggy, it was in reply to that letter that they have refused to put a default date.
Then you need to bring in the ICO --- no idea of any timescale on that.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk
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