IVA settlement was filed late by one creditor

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alison137

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Post by alison137 » Wed Aug 12, 2020 3:53 pm
Hi
I finished an IVA back in April 2015 and the certificate was issued. I have recently applied for a mortgage but was turned down as one of the creditors, Santander, filed the settlement 9 months later on one of the debts, in January 2016. This means that evidence of the IVA will not be removed from my credit report until Jan 2022 instead of April 2021, and is 100% scuppering any chance of a mortgage.

Is there anything I can do to get this put right please? I haven't kept any of the paperwork on the IVA which was initially through PhilipGill and then taken over by CreditFix.

Thanks

Foggy

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Post by Foggy » Wed Aug 12, 2020 4:47 pm
I take it that you mean Santander filed a default, dated January 2016.

When did the IVA start ? As this is the key date. Have a read here: https://www.iva.co.uk/what-does-an-iva- ... dit-record and use the template to ask Santander to correctly date the default as at the start date of the IVA.
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

alison137

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Post by alison137 » Wed Aug 12, 2020 5:33 pm
Thank you for your reply.

The entry on my credit report says full and final settlement but that it was not enough to clear the entire debt. It is dated January 2016, whereas my completion certificate was dated May 2015 and all other debts are marked as settled in May 2015. The IVA ran from 2010 to 2015. It is the one entey that is failing my mortgage application..... :cry:

Foggy

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Post by Foggy » Wed Aug 12, 2020 5:53 pm
The account should have been formally defaulted as of 2010 and would have long since disappeared, regardless of whether it is marked 'settled' or 'paid', or anything else. Write to the data controller at Santander, using the suggested template in the link I gave you, telling them to follow the rules and default the account. If they refuse, refer the matter to the Ombudsman.
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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