www.iva.co.uk

Wondering if anyone can suggest what to do next, since my IVA was approved in Sept 09 all but one of my creditors has marked my file correctly with either a default or settle flag on or about the date of the approval.

However one creditor still has the debt showing as overdue with missed payments etc. I have written to them 3 times using the data protection wording to ask them to rectify it but had no reply. I tried to get it sorted via Experian but no joy and finally wrote a complaint to the Information Commissioner but as yet still no success.

I just want the record marking correctly as in the future i will need to rebuild my status and can see this being a problem if they won't play ball.

Meant also to say the creditor is Open & Direct Retail Services and they don't publish a telephone number anywhere so you have to write to them.

I wouldn't worry about it Dougie. Once your IVA is completed then that is the time to sort it out and they will have to remove those entries.

OPEN & DIRECT RETAIL SERVICES LTD

*
6TH FLOOR, ROYSTON HOUSE, 34, UPPER QUEEN STREET
BT1 6FX BELFAST , NIR

Phone: +44 (0) 28 9026 0900

Also T/A Creation Consumer Finance Ltd

Cost a fortune to phone Belfast!

Credit records don't really matter until the IVA is completed as the record is shot for six years. I believe that they don't have to alter things until then as you will always owe the full amount to creditors until that completion letter is received.

You should be OK to call the Belfast number if you want to Dougie. Calling a Northern Ireland number is the same cost as making any UK national rate call.

I agree with Jan that you do not have anything to be really concerned about. Once your IVA is completed all your debts will be marked as settled on your credit file.

I stand corrected on the phone calls!

Hmm, I'm not so sure about the 6 year thing as my understanding was the 6 year 'clock' starts from the point that the IVA was agreed. So if one stubborn creditor doesn't change their file now are they any more likely to in 6 years? All the other 6 involved have marked the file as defaulted or settled in Sep 09 so theoretically by Oct 2015 it will be cleared, if the other one shows as outstanding still then surely it will be 6 years from the point they close their file unless I have got this wrong??

After the six years then they have to amend your file, until then they don't have to.

Once you have completed then anything untoward entered after IVA acceptance has to be removed.

Dougie - you are in the same position I was in - I have two creditors who did not change their records while I was in an IVA and it looked like I was defaulting every month. Then I settled my IVA last year in a F&F and they still keep saying I am defaulting. I know my IVA wont come off my credit record until 2013 but I am trying to rebuild my credit score and Experian have rated my score as Good. I wish I had tried to sort this out earlier when I was in the IVA. However I am concerned that Kallis 3 is saying they do not have to amend the file until the 6 years is up .. If this is so is there any point threatening to write to the Info Commisionner?

As soon as you complete your IVA you write to them to tell them to remove any post IVA defaults.

I should have been clearer in my post, apologies for that.

Your IVA will remain on your record for the full six years, so you can spend the time between completion and it dropping off to sort your file out.

hershman, they can't keep defaulting you now so write to them enclosing a copy of your completion letter, tell them to amend it within a certain time otherwise you will take it further.

I'm not going to let it drop, they are in breach of the Data Protection Act by displaying incorrect data about me. I am in default for sure but from Sept 09 and I want it marking as such. If every other creditor follows the correct procedure why shouldn't they?

Complaint formally lodged with the IC

Dougie, your credit file is shot until a year after your IVA completes anyway. Getting the creditor to amend it now, which they are under no obligation to do at this point, will not achieve anything!

Once you have your Completion Certificate that is the time to sort out your file & then creditors have to comply with correct default dates etc. After requests from you if they still refuse to, that is the time to file a complaint with the IC.

The IC is extremely busy & it took them 10 months to investigate my complaint! By that time the creditor had corrected the mistake after I had continued pestering them quoting guidelines etc.

I wouldn't worry about it now. Until your IVA is completed you still owe the full amount anyway so I would wait until your IVA has finished. If they don't play ball then you can write to the Information Commissioner who can force them to amend the file.

They can, and will continue to default you until completion. This is because you still owe them everything and if your IVA fails then the defaults are already there.

At the moment they are not breaching anything.