Defaults after completed IVA

Peppermint85

Hi - just looking for a bit of advice, it's probably a long shot but if you don't ask you don't get...

My partner and I completed an IVA from 2008 - 2013 and received our Notice of Full Implementation in Aug 2014. My partners record is fine but mine is still showing defaults. I understand that an IVA is a default and can be recorded as such but had hoped the credit report would no longer show them however some are dated as late as 2014 even though marked as satisfied (they also appear as different lenders). What can I do (if anything) to rectify this?

Many thanks in advance...

fermi

1st, can I check exactly when the defaults are? 2014 sounds very late.

(1) They will have a "default date" listed.

(2) There will also be a status history showing a row/series/line of Ds or 8s.

It is (1) the initial default date that determines how long something stays on your file for. It is 6 years from that date, even if the status history in (2)
reports later D/8s.

If the actual initial default date is listed as after the start date of your IVA, then you can write/complain to get that backdated to that start date. Which if you staerted the IVA in 2008, would mean the default and all traces of the account being removed.

fermi

Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I entered an IVA on <Date of your IVA start> that was subsequently completed on <Date of completion>, and the debt due to <name of creditor> was included within the IVA. For your convenience I have attached details of the IVA and copy of the completion certificate.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

• It is required that you default the account, and that the default entry must be no later than <Date if your IVA start>, in accordance with the Data Protection Act.

• It is also required that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

Please note that if this account falls within the remit of the FOS, I will also be submitting a separate complaint to them regarding this matter if the Credit Reference Files are not correctly updated.

Yours faithfully

F Bloggs

Enc: Documents you are sending