Six years from start of IVA

[Deleted User] · 15 February 2012 at 5:12PM

Hi,

Took my IVA out in February 2006, completed it in May 2007.

Just had another look at my credit account and even though I sent a letter to all creditors last year, and again a month ago, (using the letter from this site), some of them are still showing incorrect dates for the start of the IVA, (up to September 2006).

I've also still got three that are reporting defaults on a monthly basis up to the current month along with the balance owed when I took out the IVA, (the rest are showing as £0 balance and satisfied).

So, what do I need to do now, and are they correct in still showing current defaults?

I've written to the credit reference agencies as well and they say "we are simply custodians of this data we are not able to make amendments directly to the information we hold here – the lenders first need to make the changes at their end "

Thanks.

fermi · 15 February 2012 at 6:00PM

Was the IVA completed via a F&F then?

All accounts should have their default date no later than the start of your IVA.

All accounts should show that they are settled or a partial settlement dated as of the IVA completion.

So, are you saying that some have defaults dated Sept 2006? If so, they need to be corrected.

[Deleted User] · 15 February 2012 at 6:41PM

Hi,

Yes it was completed as F&F in 2007.

The default dates are all over the place, even though I have written to them with copies of both the original IVA and completion.

And yes, one of them is showing September 2006 although 3 of them are still showing current defaults with money owing up to December 2011.

fermi · 15 February 2012 at 6:51PM

Have you previously sent something along these lines?

FINAL REMINDER.

NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY CREDITOR.

Dear Sir/Madam,

I refer to my letter dated xx/xx/20xx and received at the registered address of your Data Controller on xx/xx20xx. Proof of your receipt of this is attached.

In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

I entered into Individual Voluntary Arrangement (IVA) on xx/xx/20xx which was subsequently completed on xx/xx/20xx, and an account held with CREDITOR at the time was covered by this IVA.

Namely:

Details of account(s)

For your convenience I also included with my initial letter:

List of documents you included.

I required that you:

- Mark these accounts in some way to indicate that these accounts are settled or satisfied.

- Amend the default entry to be no later than <Date of your IVA start>, in accordance with the Data Protection Act.

You had 28 days to correct this information.

You have so far failed to comply with this request and your obligations under the Data Protection Act.

Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

You have 28 days from receipt of this letter to do so.

Should you fail to make the corrections required, further formal action will be taken.

I would remind you that this is now a formal complaint, so I require you to send me a copy of your complaints procedure and a "final response" that will be forwarded to the FOS an ICO if required.

I would appreciate your due diligence in this matter.

Yours faithfully

[Deleted User] · 15 February 2012 at 6:57PM

Excellent, I'll use that tomorrow...

Thanks.

fermi · 15 February 2012 at 7:14PM

Send by recorded delivery obviously.

If you can find an email for the creditors customer service, customer complaints, ceo etc, then I would send a copy via email as well. cc to as many of those as you can find.

Does sometimes help to give them a kick up the arsh from several different directions at once.

If not corrected in a month or 2, go ahead and complain to the ICO and FOS.

Six years from start of IVA

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