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Posted: Wed Nov 30, 2011 11:05 am
by sbusby2004
hi everyone
me and the hubby finished IVA in may 2011 and since then we have been trying to clean up are credit file my question is most of the companys have marked them as settled but they have done it on the month june 2011 which is when iva finished but don't they have to mark it settled from the date iva started like for me mine started in august 2007.
Posted: Wed Nov 30, 2011 11:52 am
by Shining
Hi, I'm sorry I don't know the answer to this but I'll bump it back up for one of the knowledgeable ones to answer x
Posted: Wed Nov 30, 2011 12:14 pm
by Broke of London
I'm not quotably sure but I understand it as they can't default you after the date of acceptance and then they settle the debt when you complete the iva.
Posted: Wed Nov 30, 2011 12:16 pm
by Skippy
As far as I'm aware any defaults must be no later than the date the IVA was agreed but the accounts aren't marked as settled until the IVA is complete.
Posted: Wed Nov 30, 2011 12:24 pm
by kallis3
I think Skippy is correct, it will only be done once the IVA is completed and not at the start for 'settled' records.
Posted: Wed Nov 30, 2011 4:28 pm
by sbusby2004
hi thanks for replys the IVa is complete defaults are still on so from augs 2007 to may 2011 they have defualted every month then for june 2011 says PS for partly settled but the defualts remain. this has been done on both mine and hubbys none are joint debts. so dont know what to do as they have marked it as settled but not taken defaults off.
Posted: Wed Nov 30, 2011 4:32 pm
by kallis3
Write to the creditors who have defaulted you, enclose a copy of your completion letter and tell them to remove those defaults.
Posted: Wed Nov 30, 2011 4:37 pm
by Broke of London
Agree with Jan that they need to remove the defaults. I would go straight to the complaints dept so you get dealt with in 28 days and bypass customer services who don't have any such targets to meet.
Posted: Wed Nov 30, 2011 4:46 pm
by Skippy
When you contact your creditors you need to write to the data controller, not customer services. You can find the addresses on the ICO website.
Give them 28 days to remove the defaults and check your files a 2-4 weeks after that. If they haven't been updated you can then refer the creditor to the ICO.
Posted: Wed Nov 30, 2011 4:47 pm
by kallis3
In the first instance you should contact the data controller for each creditor and I believe they are,usually quite good.
If this fails, as BOL says, contact the complaints department.
Posted: Wed Nov 30, 2011 5:41 pm
by Dougie
My understanding is that the defaults should be the month and year you started the IVA and will stay there for 6 years, irrespective of when you complete. Any accounts marked as settled won't go against you in future so there should not be an issue if the date is later but again, history/footprint stays for 6 years.
I involved the ICO recently as one of my creditors was still marking my account as 'payments late' despite an IVA being agreed in Sept 09. A few people on here told me not to bother trying to tidy it until it was completed but I'm glad I did as it took over 6 months to sort it. Once I finish my IVA my file should hopefully be reasonably clear.
Posted: Wed Nov 30, 2011 5:47 pm
by kallis3
You can try and tidy it now but there is no guarantee that creditors will remove post acceptance defaults until the iva is completed as they are quite within their rights to continue defaulting as your debts haven't been written off at this point.
You were lucky.
Posted: Wed Nov 30, 2011 6:04 pm
by Foggy
Trouble is, Dougie, after going through all that hassle they could just as easily turn round now and put more defaults on! Should they so wish they can default you every month throughout the IVA, but, once you have completed they have to date all those defaults the date of starting the IVA. All seems a bit pointless -- but some creditors are "default happy".
Posted: Wed Nov 30, 2011 7:20 pm
by Skippy
Foggy is right, there is a good chance the defaults could reappear. I cleared my credit file after BR and when I rechecked my file a while later one of my defaults had reappeared so I had to do the whole thing again!
Posted: Wed Nov 30, 2011 7:22 pm
by luluj
As others have said defaults can be added at anytime whilst in an IVA, however creditors should not add any once the IVA has commenced, but they do....where this happens you will need to wait for your completion certificate and ask them remove them and show your record as satisfied.
Accounts are marked as settled once they have received their payments and been informed IVA's have been concluded.