Santander - Being Difficult 20 April 2021 at 11:41AM in IVA & DRO 3 replies 271 views

legion4weare1

Hi I hope someone can help, I agreed an IVA in 2015 however it failed in 2017. I note that there are defaults on my credit file later than when the IVA was agreed and I have written to those accounts and provided evidence of the IVA  and they have agreed to amend the default date all but Santander who have said they want an IVA completion form and without it they will not change the dates. I also received a lump sum in a will that has allowed me to pay 40% of my total debt on file off as full and final settlement offers all of which have been accepted except for Santander.

Are they notoriously difficult to agree any thing with, does any one know what I should do, any advice would be helpful.

sourcrates

Just wait until they sell the debt on, then make a deal with the new owner, no sense worrying about it, just remove them from the equation altogether, 6 to 8 months time they will offload it to some debt collector who will be far more amenable. 

legion4weare1

Thanks for the advice on the dates having spoken to money advice they have said under the ICO 1998 data protection act even if the Iva fails the default date set by the IVA should still stand and they are not allowed to add a later date which they did when the IVA was still active I even spoke to a guy at a debt collection agency who used to work in IVAs and he said the same thing to me they can’t do it, so I will have to fight this one I guess with the ombudsman if they don’t uphold the complaint

legion4weare1

So I have raised a second complaint with Santander, and I have also prepared a letter to them outlining the following:

"Under current legislation including the Information Commissioner’s Office guidelines and the Data Protection Act of 1998, there should be a default date not later than the start date of my IVA, if a person has had an IVA or Debt Relief Order (DRO) then the default dates of the debts in their insolvency must not be later than the date the insolvency started, whether the insolvency fails or completes."

Interestingly the complaints have been dealt with by the back office insolvency team, and I have found out it is their data protection officer that would ultimately make the decision.