Problems after completed IVA

Hello,


I was in an IVA and after paying for three years without failure I was offered a loan by my supervisor to pay off the remainder of the IVA. I took the loan option and now have almost repaid that loan.

My IVA was then completed using the loan and I was sent a final report which stated:

“Pursuant to Rule 8.31 of the Rules
I, Sabrina McGurk, Supervisor of Raymond Neil Simpson, hereby give notice that the Voluntary Arrangement of the above individual, accepted at a meeting of creditors on the 11 April 2014 and variation meeting on the 20 March 2015 has been complied with, and therefore the Voluntary Arrangement shall be completed immediately.
Date : 27 March 2018”

I am led to believe that any creditors should stop showing a default after the date of completion. However, Payday UK and Pounds to Pocket are still showing me in default 10 months later. Furthermore, Pounds to Pocket are showing two different loans from them with exactly the same amount when I only had one loan from them.

I have tried to contact the company that dealt with my IVA but have had no reply from them. I have emailed the creditors asking them to stop showing me as in default, however, like my supervisor – no reply!

Is there anything legally I can do to make them change the default setting as it is affecting my credit score?

Thanks in advance.

Comments

  • sourcrates
    sourcrates Posts: 28,834 Ambassador
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    edited 30 January 2019 at 12:34AM
    You are led to believe incorrectly.

    Defaults remain on your credit file for 6 years regardless of if they are paid or not.

    They should however not show a default date later than the date of your insolvency, and should now show a zero balance.

    After six years, all entries will drop off your file.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Than you for your reply. Yes I know they remain on your account for 6 years.



    As you say, the the creditor must stop showing you as still being in default when the IVA is settled.



    These two companied are showing me as currently in default 10 months after I have satisfied the IVA.


    This is not allowed and I want to find out what steps I can take legally to force them to show a zero from the point of satisfaction.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    Califer wrote: »
    Than you for your reply. Yes I know they remain on your account for 6 years.



    As you say, the the creditor must stop showing you as still being in default when the IVA is settled.



    These two companied are showing me as currently in default 10 months after I have satisfied the IVA.


    This is not allowed and I want to find out what steps I can take legally to force them to show a zero from the point of satisfaction.

    Complain to them, use a letter, 8 weeks if not sorted then go to the ombudsman.

    Your credit score is only seen by you, your report is what lenders can see.
  • They don't stop showing you are being in default, they simply just have to make sure that the default date is prior to the IVA commencing, or the date the IVA was accepted and update the account to show that it is settled with a zero balance.

    As the poster above says, contact the companies and ask them to rectify their entry on your credit file, enclosing a copy of your IVA final report. If they don't resolve it to your satisfaction then you can log a complaint, or just log one now if you want.
  • Thank you PrettyKittyKat. I am really fed up with this. The IVA was settled in March 2018 but they are still showing me in default. I have emailed them enclosing a copy of the letter from my supervisor but they didn't even reply.


    I shall try sending the email again stating that this is the second time I have messaged them and if nothing happens after 8 weeks I will contact the ombudsman.
  • Califer
    Califer Posts: 5 Forumite
    edited 11 February 2019 at 3:16PM
    Hi all. I have received a reply from one of the companies as follows:


    "
    [FONT=&quot]Dear xxxxxx[/FONT]

    [FONT=&quot]Thank you sending the confirmation of the completion of your IVA. The credit file entries relating to the account have been marked as partially settled 28/3/18. [/FONT]

    [FONT=&quot]Thank you for bringing this matter to our attention. [/FONT]

    [FONT=&quot]Yours sincerely[/FONT]


    [FONT=&quot]xxxxxxxx[/FONT]
    [FONT=&quot]Credit Bureau Amendment Controller[/FONT]"



    How can she say it is partially settled? This was an IVA. When the IVA was satisfied so were any outstanding amounts surely? Can someone please help me out here as I am getting cofused?


    Many thanks. Cal
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    First Anniversary Name Dropper First Post
    Califer wrote: »
    How can she say it is partially settled? This was an IVA. When the IVA was satisfied so were any outstanding amounts surely? Can someone please help me out here as I am getting cofused?


    Many thanks. Cal

    Yes you are confused. Your original defaults still remain - they will show on your credit file for 6 years from last default. The fact that you took out an IVA doesn't remove the default, it only allows you to pay back a small percentage of what you owed.

    You need to make sure that the last default is no earlier than the start of your IVA. Most IVA's last for 5 years so normally it will take 6 months to get completion certificate and 6 months after that your file will be clear.
  • sourcrates
    sourcrates Posts: 28,834 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Califer wrote: »
    Hi all. I have received a reply from one of the companies as follows:


    "
    [FONT=&quot]Dear xxxxxx[/FONT]

    [FONT=&quot]Thank you sending the confirmation of the completion of your IVA. The credit file entries relating to the account have been marked as partially settled 28/3/18. [/FONT]

    [FONT=&quot]Thank you for bringing this matter to our attention. [/FONT]

    [FONT=&quot]Yours sincerely[/FONT]


    [FONT=&quot]xxxxxxxx[/FONT]
    [FONT=&quot]Credit Bureau Amendment Controller[/FONT]"



    How can she say it is partially settled? This was an IVA. When the IVA was satisfied so were any outstanding amounts surely? Can someone please help me out here as I am getting cofused?


    Many thanks. Cal


    Accounts can only be marked as fully settled, if they are fully paid as per the original agreement.


    In an IVA you will only usually repay a percentage of the outstanding debt, that does not always apply, as it is dependant on your cicumstances, but for the majority, it is the norm, hence your file is marked as a partial settlement.


    All correct and above board.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,454 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Excellent article from debt camel

    https://debtcamel.co.uk/repair-credit-record-iva/
  • Thank you all for your replies. I think that explains things more clearly than the information received from my debt supervisor.

    Thank you for removing the personal details sourcrates. My mistake.
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