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longslog101
- Posts: 526
- Joined: Thu Feb 05, 2015 9:19 am
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Hi All,
long time since I dropped by, hope everyone is doing okay.
I Entered into an IVA about a year ago, it was a lump sum IVA and was concluded a few months later.
For ease of dates lets say
IVA entered into April 1st 2015 (appropriate day - fool, [:D])
IVA certificate of completion 1st August 2015.
Since then I have been trying to tidy up both mine and Mrs Longslog credit files.
My understanding is that there should be no default recorded from the date the IVA was entered into - April 1st 2015.
Unfortunately our credit files have Default entries up until the settlement date of August 2015 (for some of the creditors).
I have written to all the creditors who I believe are reporting the data incorrectly telling them there should be no further default entries from the date the IVA was entered into.
Some have written back saying this is not correct and they have satisfied their obligations to mark the file as Partially satisfied August 1st, neatly omitting the please remove default entries post IVA enter date.
Could someone please confirm my understanding is correct and there should be no recordings of defaults post the date of entering IVA ?
If anyone has a reference (legal or otherwise) that I can send back to these creditors to demonstrate their data is inaccurate and they are not complying with the correct way/method/law/statute etc it would be very helpful.
Or indeed I'm happy to have my understanding corrected if I am wrong.
Thanks
longslog
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
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lifenoteasy
- Posts: 3248
- Joined: Thu Feb 05, 2015 2:26 pm
- Location: United Kingdom
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
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longslog101
- Posts: 526
- Joined: Thu Feb 05, 2015 9:19 am
- Location:
Thanks, just trying to find the "written rules" lots of sites say this but looking for the actual directive that stipulates it so I can quote it, any ideas ?
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
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ginger323232
- Posts: 544
- Joined: Thu Jan 10, 2013 12:31 pm
- Location:
Try the ICO - they will also have a list of Data controllers at each Company as well
https://ico.org.uk/
Try typing in default on credit file in their search box
"The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a
default should be filed as being no later than the date of the insolvency order. In
circumstances where the lender is not immediately aware, the default can be filed at that
point in time. If evidence of the insolvency date is provided, the default date recorded at the
CRA will be aligned."
Last edited by
ginger323232 on Thu Apr 07, 2016 8:43 pm, edited 1 time in total.
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longslog101
- Posts: 526
- Joined: Thu Feb 05, 2015 9:19 am
- Location:
Thankyou
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by ginger323232
Try the ICO - they will also have a list of Data controllers at each Company as well
https://ico.org.uk/
Try typing in default on credit file in their search box
"The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a
default should be filed as being no later than the date of the insolvency order. In
circumstances where the lender is not immediately aware, the default can be filed at that
point in time. If evidence of the insolvency date is provided, the default date recorded at the
CRA will be aligned."
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy