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Posted: Thu Apr 07, 2016 10:36 am
by longslog101
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

Posted: Thu Apr 07, 2016 10:56 am
by lifenoteasy

Posted: Thu Apr 07, 2016 11:02 am
by longslog101
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 ?

Posted: Thu Apr 07, 2016 8:39 pm
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."

Posted: Mon Apr 11, 2016 5:48 pm
by longslog101
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."