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Defaults still showing?
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DJ_Walkers
Posts: 12 Forumite
in IVA & DRO
Hi all I had a debt relief order dated 17th September 2012 all my debts are shown as settled except 1 with barclays, is this acceptable or should that also be settled by now?
Thanks
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Hi DJ Walkers,
The account should be showing as a £0 balance and settled as long as the DRO successfully completed in September 2013. However, the original default date will still show. You should request Barclays to up date this information and if they refuse then escalate the matter to the Information Commissioner.
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
There is an online list under the search for bank data controllers and these are who you need to send a letter to. Sending to customer services etc is pointless. i have done this and it works fine. The letter below is standard and can be found online and works for bankrupts and IVA's
Re: Account Number ...............
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 had an IVA with official start /default date of ........ and subsequently this was completed on ........ with e.g. ClearDebt Ltd.The above account (credit card / loan details company and account type details), controlled and issued by the bank of .....) was included within the IVA arrangement (or pre existed). For your convenience I have a copy of the IVA completion letter, copy of one of the annual reports detailing this account and the notice of completion, including relevant dates.
Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect and as yet your company has failed to correct the entries as required.
It is required the default date must be no later than .........(6 weeks from date sending) in accordance with the Data Protection Act.
It is also required that you now mark the account settled or satisfied, in accordance with the Data Protection Act. Currently this is not the case for any of the three main UK credit reference agencies.
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 faithfully0
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