Updating credit file

Get expert opinion. This is the place for new questions to be posted.
11 posts Page 1 of 1

ladymarmite

Posts: 5
Joined: Tue Oct 16, 2018 3:13 pm

Post by ladymarmite » Fri Jun 19, 2020 8:16 pm
My husband got accepted for an IVA Oct 2018. We submitted all the paperwork to Inquesta. Next Directory was an issue as the debt had been resold twice. But it was listed in my IVA document. In July 2019 I took a loan to offer a full and final settlement and it was accepted and the IVA was satisfied Sept 2019.

I've tidying up hubbys credit records and Debt Managers have been a problem regarding the Next debt. I have written numerous letters from Nov 2019 and never received a reply. They have finally replied and stated that Inquesta the IVA company never sent them the correct paperwork, however, Debt Managers are listed on my final IVA report with a nil claim.

Debt Managers are refusing to update my credit reports as satisfied blaming Inquesta. Where do I stand. I have been issued a certificate of completion. I see this as an issue between debt managers and inquesta

luluj

User avatar
Forum Expert
Posts: 10906
Joined: Sun Dec 09, 2007 6:54 am
Location: United Kingdom

Post by luluj » Fri Jun 19, 2020 11:11 pm
Your credit file will continue to show reference for 6 years from the start of your iva irrelevant if ended the iva early or not. Very little point tidying it up till then as creditors don't have to update it.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"

Marmite

Posts: 8
Joined: Fri May 10, 2019 7:31 am

Post by Marmite » Sat Jun 20, 2020 12:03 am
The issue is this- Debt Managers are included in the final report when finalised. They made a nil claim.

They will not close the account which continues defaulting.

They say that the IVA company failed to contact them properly and they will not recognise the completed IVA

Foggy

User avatar
Forum Expert
Posts: 31243
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Jun 20, 2020 9:32 am
If any creditor hasn't marked the account as in default, or used the wrong default date this needs to be amended (remember, this date should be on or before the start date of the IVA, but a few days late will make no difference in the grand scheme of things). The agencies themselves will advise, but cannot amend the entry as they simply record what the creditors report to them. You will have to contact the creditors yourself directly. You need to do this in writing (keeping copies and sending by recorded delivery) and address your request to the Data Controller of each creditor concerned. Do not wite to their general enquiries address.

You can get the details of the Data Controllers from the Information Commissioner's Office (ICO). Your letter should be along these lines:
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.


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

Marmite

Posts: 8
Joined: Fri May 10, 2019 7:31 am

Post by Marmite » Sat Jun 20, 2020 10:40 am
Thanks Foggy have done all that the creditor is complaining about their communication with the IVA practitioner and are refusing to acknowledge the IVA report and certificate.

Complaint with ICO started. Am I correct in thinking they are included in IVA so it stands. Any complaint they have regarding process is for them to take up between the creditor and IVA practitioner .

All the others I have to say have been prompted with second letter so keeping a spreadsheet and records with proof of postage has helped.

Thank you

Foggy

User avatar
Forum Expert
Posts: 31243
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Jun 20, 2020 11:15 am
As far as I am aware the IVA and its outcome still stands, unless the creditor in question challenges it through the courts ... and there might well be time limits on such a challenge. The issue of communication is between the IP and creditor to sort out.
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

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Wed Jun 24, 2020 8:54 am
This will be academic until October 2024 due to the 6 years of damage I'm afraid, I wouldn't waste any time on it.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

Marmite

Posts: 8
Joined: Fri May 10, 2019 7:31 am

Post by Marmite » Fri Jun 26, 2020 2:06 pm
Update

Thank you for the confirmation of IVA stands. Took a firm line with Debt Managers. I said if they claimed to not find the account and yet had listed it on the credit reference agencies then their IT system was not fit for purpose and I would update the ICO complaint.

Today there is a grovelling email to withdraw the ICO complaint, an apology and £200 good will payment.

Perseverance. Again thank you for the support.

Foggy

User avatar
Forum Expert
Posts: 31243
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Fri Jun 26, 2020 2:53 pm
Well done !
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

Marmite

Posts: 8
Joined: Fri May 10, 2019 7:31 am

Post by Marmite » Fri Jun 26, 2020 3:17 pm
You need a no win no fee GDPR breach or data handling solicitor on here.

Apparently for GDPR breach you can claim for personal distress as non injury...effect on you partner etc

Worth looking at.

kallis3

User avatar
Forum Expert
Posts: 75936
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Fri Jun 26, 2020 4:32 pm
Brilliant news and well done you!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
11 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”