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Completed an IVA ....Company put default without any notice ...please Help

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  • Completed an IVA ....Company put default without any notice ...please Help

    Hi everybody


    I have completed an IVA from Aug 2011 until Mar 2013 with a full and final payment.I had 2 creditors.Before entering into IVA my all payments were on time.I struggled with money but I made sure that no payment is late or missed.
    When I lose my job and realised that its going to be impossible to keep up the payments I decided to go for IVA.
    With in 1 month I was successfully enterd into an iva .I did not receive any default notice from any of my creditors .Now as I settled the IVA with full and final
    payment.I checked my credit files and found out that 1 of my creditor Aqua credit has placed a default on my credit reports.
    I just want to know is it Legal to placed a default on my file without giving me any notice or information about it?


    Any help will be greatly appreciated .


    Thanks
    Tags: None

  • #2
    Re: Completed an IVA ....Company put default without any notice ...please Help

    Hi and Welcome!

    Was this debt included in your IVA?

    If you didn't keep up contractual payments, then the creditor is entitled to report the fact to the CRAs, the requirement to issue a default notice relates to taking enforcement action to recover a debt through the courts rather than recording defaults on your credit files. The main issue here is the timing, if you defaulted on this account years ago (presumably around 5 years if you've completed your IVA), then that's when the default should have been recorded.

    You may want to look at this for reference: http://www.ico.org.uk/for_organisati...%20%20doc.ashx

    Comment


    • #3
      Re: Completed an IVA ....Company put default without any notice ...please Help

      Thank you very much for your reply.Actually I was paying correct amount until Jun 2011.In July 2011 I lost the job and I realised that I will not be able to pay then I contacted a company to enterd in IVA.So I missed the July 2011 payment and from 3 Aug 2011 (with in 1 month) I successfully entered in to IVA. I did not received any type of notice about any action or default.

      secondly I have completed the IVA with a full and final payment (gift from mother) on march 2013.

      On my Equifax credit file it's showing correct information.Default entry in July 2011 and then blank until march 2013 when it's shows satisfied as I completed my IVA then. But on call credit history it's start with a default entry from July 2011 when I missed first payment .And there is a default entry every month in my call credit history even the IVA was started with in 1 month. Until march 2013.In march it does show satisfied as the IVA was completed.

      Do I need to contact AQUA and ask them to remove the every month default entry after the start of IVA as it shows in Equifax file.

      please guide me as I will be very thankful to you .





      [Q

      UOTE=FlamingParrot;363395]Hi and Welcome!

      Was this debt included in your IVA?

      If you didn't keep up contractual payments, then the creditor is entitled to report the fact to the CRAs, the requirement to issue a default notice relates to taking enforcement action to recover a debt through the courts rather than recording defaults on your credit files. The main issue here is the timing, if you defaulted on this account years ago (presumably around 5 years if you've completed your IVA), then that's when the default should have been recorded.

      You may want to look at this for reference: http://www.ico.org.uk/for_organisati...%20%20doc.ashx[/QUOTE]

      Comment

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