Default on CRA Report **Removed**

[Dobby]

Re: Default on CRA Report

So what do I do?

[Riz]

Re: Default on CRA Report

Well, I thought the point of you requesting the SAR was to show that the recent default was unjustified, and if it was to be applied then it should have been done back in 2006/7?

[Dobby]

Re: Default on CRA Report

Ok. Sending off SAR in the morning. Will keep you posted. Many Thanks

[Dobby]

Re: Default on CRA Report

Good evening. Sent off SAR so now I wait.
Another question please. I have just got a CR from equifax which in the section court information it shows 1. Court Date 02.05.06 Type voluntary agreement, amount 0.
This IVA was frozen by the practitioner in Nov 2007. My understanding is that it should be removed after 6 years from the date of the start. Is this correct, if so how do I get it removed.
Sorry if this is in the wrong place but please move if necessary.
Many thanks

[Never-In-Doubt]

Re: Default on CRA Report

It should vanish 6 years from the start ONLY once they get a success/failure certificate.

You need the IVA firm to contact the CRA's - or just contact the CRA's direct and tell them it failed at the time you started and you have no idea who the IP was as it was 6 odd years ago.

They should be able to direct you.

See this as well --> Credit and IVA's - Consumer help and advice - Experian UK

[Dobby]

Re: Default on CRA Report

Hi All. Well 2 weeks down and not heard anything yet from Black Donkey. I managed to get Equifax to remove the information regarding IVA from their Public Information, so that's a result, still waiting for Noddle to do the same.
Will update when I have more news.
Kind Regards All

[Dobby]

Re: Default on CRA Report

Hi All, Just a quick up date,
Well just over 40 days has passed since I sent Black Donkey the SAR and guess what, no response so please can you advise me on my next step.
Also I had a response from Noddle regarding an entry on their system regarding an IVA, they say " the IVA status is still showing as active on the insolvency register website", when I asked equifax to remove the entry from their system they obliged within a few days. Any thoughts as to what I can do to get it removed from Noddle. Although nearly 7 years have passed since the IVA failed (paid in to) I don't want to risk stirring things up again. Any thoughts?
Many Thanks in advance

[Dobby]

Re: Default on CRA Report

Hi all, update.
I have received the SAR back from Donkey, I have a copy of the original DN dated 28 April 2006. which clearly makes the account SB. How do I go about getting them to correct there incorrect marking of the account as in Default from Feb 2012, thus making it long since dead and shouldn't appear on the CRF.
Many Thanks for any advice.
Andy

[Riz]

Re: Default on CRA Report

Write to complain.

The default with the CRA doesn't have to be the same date as the DN, but it certainly shouldn't be 6 years later where no payments have ever been made in between.

If they won't correct, then complain to ICO and FOS.

[Dobby]

Re: Default on CRA Report

Thanks Rizzle,
Is there a letter on here that would be suitable to send to the Bank and the CRA to insist that they remove the account from there systems?
Andy

[Never-In-Doubt]

Re: Default on CRA Report

Thanks Rizzle,
Is there a letter on here that would be suitable to send to the Bank and the CRA to insist that they remove the account from there systems?
Andy

Well at this stage you'll be writing to the bank and copying your original DN and just say (no demands yet)

Dear Sirs,

Ref: xxxxxxxx

Please see attached a copy of the default notice from 2006, you added another in 2012 which is a direct breach of guidelines so please remove this entry prior to my formalising a complaint with the ICO and FOS.

You cannot add multiple defaults to an account, this was defaulted back in 2006 and you have no right to add another in 2012.

I look forward to confirmation of the duplicated entries removal within the next 14 days.

Yours faithfully,

[Never-In-Doubt]

Re: Default on CRA Report

Also send a copy of that letter above (to the bank) and the default notice (from 2006) to any CRA's that are showing the new default and cover it with the following;

Dear Sirs,

I write regards a duplicate default issued by (insert lenders name here) and enclose proof of original default back in 2006, and hereby formally demand the duplicated entry from 2012 is removed immediately prior to my seeking legal action against you as data processor, in this instance.

You must ensure that the data portrayed is accurate and once it has been brought to your attention that there are errors, coupled with proof confirming the error then you're totally responsible to remove the entries in full regardless of what the original creditor (data controller) says.

As you can clearly see, this account was originally defaulted in 2006, the bank decided to duplicate it in 2012 which is rubbish. I have written to the bank direct, a copy of this letter is attached for your perusal.

I look forward to confirmation that this unlawful entry has been removed in totality from any credit record belonging to me.

Failure to do so may result in my passing this to my solicitor with the consideration of legal action.

Yours faithfully,


Sign Digitally

[Dobby]

Re: Default on CRA Report

Fantastic, Thank you very much, IO will do these this afternoon and will update as soon as I know more.
Very Many Thanks Niddy and all.
Andy

[Dobby]

Re: Default on CRA Report

Hi All, Just a quick update.
As a result of the content of the letter NIDDY kindly drafted for me Lloyd's have now removed the account from all CRA's in its entirety. Fantastic!!
And as for the IVA, I contacted the practitioner for HB and found that a failure certificate was never issued back in 2009, so they very kindly drafted one just for me and forwarded a copy to me via email and also contacted the Insolvency Register who have now removed it from their system, so all in all happy days. My CRA reports are now all green. Result.
So that's me all sorted, many, many thanks to Niddy and everyone for there informed and helpful advice.
Cheers All. Andy

[Deepie]

Re: Default on CRA Report

Happy days.......