Marlin shown as a default on credit file

FirstOne

My wife has a default shown on her credit file for a bad debt that went into an IVA. The creditor then sold the debt off and it was first dealt with by NRAM before being taken over by Marlin (who I believe may now be the same company). Ok the IVA completed in December 2012 and the IVA file was completed and closed in May 2013. My wife has written to Marlin and sent a copy of the completion certificate and this was sent by Recorded Delivery. The letter was posted on 05/08/14 and was received at Marlin on 06/08/14. My wife has asked them to confirm in writing when the default was removed but so far no reply. I realise it is not even a week that has passed by and it can take time - My posting today is to ask for advice - If my wife has not received a reply in two weeks then how long should Marlin be given to remove the default. - Thank you

Tixy

What is the date of the default on her credit file?

Is it after the date she entered the IVA?

Does the debt show on her file as still outstanding? or as a satisfied default?

Assuming they agree to remove the default I would say it is reasonable to give them a month to do so.

FirstOne

Hi Tixy, Many thanks again for your reply.
The start date is 28/04/2006 and the defaul date is just listed as 04/2009 and it says end 21/04/2009 and then further down the Insight Last Updated date is 12/03/2014 - Now that is interesting as we received a letter from them around that time but we forwarded it to our IVA Practioner who said they would speak to them and resolve this issue. My IVA Practioner was very good so I can only assume Marlin wanted direct contact from my wife.
Can they refuse to remove the default and if so what else can I do to get it removed?
Thank you

Tixy

No they cannot refuse to remove it.

Debt collectors do sometimes unfairly and incorrectly add a new default date of when they take over a debt. This is not allowed and should certainly be challenged.

The default should be dated no later than the date she entered the IVA, which clearly means it should have dropped off by now.

If your letter doesn't have the desired effect then there is a template about that maybe worth a try (its for clearing up a credit file post IVA and suggests sending proof of the IVA dates I think from memory, will find a link).

If they fail to remove it them you can complain to the ICO and FOS.

edit https://forums.moneysavingexpert.com/discussion/1286063