Help with unhelpful company

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g60

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Post by g60 » Mon Dec 12, 2011 4:39 pm
Hi all,

Well I am sort of happy, I completed my IVA six years in October 11, I started off and looked at my credit file and it was all good apart from one entry from Close Brothers cards service.

I have looked at my agreement in which they sent a person to the meeting or agreed by proxy to the IVA proposal.

1. Basically on my account they still have it open and have done since 2000, ? Should it not be close when the IVA starts?

2. I completed the IVA with no problems or payments but on my file with them (close brother) to Equifax, they have put for 2007 and 2008 in each month 6 months or more late in payment? Then in 2008 to date green and ok.

I have spoken to close brothers who have not been very helpful in any of this. Equifax are not much better, I have raised an online dispute to show the account as settled which it is but and they are doing that over the next week or so

But the main hurting point if they say the account was active until they had the final settlement is I will still be knocked down on my credit rating file for all those missed late payments, which I think is barking as they were not?
 
 

kazzafunk

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Post by kazzafunk » Mon Dec 12, 2011 4:48 pm
Hi highexplosive and welcome to the forum. Congratulations on completing your IVA!

I'm not 100% sure on the process but from previous posts like this others have advised posters to write to the data controller of the company (Close Brothers) enclosing a copy of your completion certificate and request that they remove any defaults after the date of acceptance of your IVA.

Hope this helps, but hang on if not as someone with more experience of this aspect will be along later.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

plasticdaft

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Post by plasticdaft » Mon Dec 12, 2011 4:50 pm
The account can still be marked open after the IVA starts.

They cannot mark missed payments after the iva is agreed,and cannot default the account after the date the iva was agreed.

The information commissioner's website has good info on clearing incorrect entries.

All entries in regards to the iva should drop off after 6 years from the date the iva was approved.

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

kazzafunk

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Post by kazzafunk » Mon Dec 12, 2011 4:56 pm
That's what I thought Paul but the op has completed 6 years so they should have dropped off by now?
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

g60

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Post by g60 » Mon Dec 12, 2011 5:54 pm
Does this mean although the account was open it should still be removed? they are puting a settelment date as of Sep 2011? although as said it was part of the IVA 6 year gone Oct 11.
 
 

g60

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Post by g60 » Mon Dec 12, 2011 6:07 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by plasticdaft

The account can still be marked open after the IVA starts.

They cannot mark missed payments after the iva is agreed,and cannot default the account after the date the iva was agreed.

The information commissioner's website has good info on clearing incorrect entries.

All entries in regards to the iva should drop off after 6 years from the date the iva was approved.

Paul
Thanks Paul is that laid down anywhere (IN RED)?
 
 

kallis3

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Post by kallis3 » Mon Dec 12, 2011 6:25 pm
They can mark them down BUT once the IVA has completed they have to remove those defaults which are post IVA acceptance.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

g60

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Post by g60 » Mon Dec 12, 2011 6:30 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by kallis3

They can mark them down BUT once the IVA has completed they have to remove those defaults which are post IVA acceptance.
What i can not understand is how they can say it was 2 year worth of 6 month or more defaults nothing before although the IVA started 2 year before this as well? just seem crap basically..i might have a raise a complaint with the ICO..
 
 

kallis3

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Post by kallis3 » Mon Dec 12, 2011 6:48 pm
Some companies do this - bear in mind that you always owe the full amount to your creditors until IVA completion and they are quite within their rights to mark you down but they have to remove them afterwards.

You need to write to the companies concerned enclosing a copy of your completion letter and tell them to removed those defaults.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

g60

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Post by g60 » Mon Dec 12, 2011 7:02 pm
They is no question of the finish they are happy and have had the final settelment mony already, but they are basically saying they can do nothing about the defaults they put on but can just update equifax it is setteled, but doing this is fine for the settlment of the account but still shows all the defualts 2 year worth, ouch!
 
 

kallis3

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Post by kallis3 » Mon Dec 12, 2011 7:07 pm
They have to get rid of those defaults if they are post IVA acceptance. Write to the data controller and threaten to take it further if they won't play ball.

Don't forget that there are another two agencies as well - Call Credit and Experian - have you checked those as well?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

g60

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Post by g60 » Tue Dec 13, 2011 12:19 pm
All the other credit files are clear. Who do i threaten and what can i use as a lever, if i say i am taking this futher..
 
 

kallis3

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Post by kallis3 » Tue Dec 13, 2011 12:29 pm
You write to the data controllers of the firms and ask the to remove the defaults enclosing a copy of your completion letter. Of this doesn't work I believe it is the financial ombudsman you got to afterwards.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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