Failed IVA

[panther12]

Re: Failed IVA

You'll probably get a better response dealing with callcredit. Their complaints procedure is here:

http://www.callcredit.co.uk/consumer...ints-procedure

If you are unhappy with the service you have received from a team within Callcredit Information Group, you can register a complaint directly with them for investigation, either verbally or in writing.

That's stage 1 which you have done (Noddle are part of Callcredit Information Group).

STAGE 2 – IF YOU REMAIN UNHAPPY WITH OUR RESPONSE TO YOUR COMPLAINT
Hopefully, we will resolve your complaint at first point of contact. However, if you do not agree with our findings, you can escalate your complaint to our Customer Relations team for further investigation and final response.
There are two ways you can escalate your complaint to the Customer Relations team:
1. You can contact them via email at customer.relations@callcreditgroup.com
2. Or you can write to them at:
Customer Relations
Callcredit Information Group
One Park Lane
LEEDS
LS3 1EP

I would send callcredit customer relations a copy of your complaint and response received from Noddle plus Niddy's additional comments and see what they come back with.

[Supergrover]

Re: Failed IVA

Great, thanks. I'll do that this afternoon. Hopefully will get somewhere. Seems today is the day for complaining about awful service, most of the day so far on the phone to BT and Hotpoint.

[Supergrover]

Re: Failed IVA

Here is the reply I have received from callcredit today

Your complaint

Your complaint relates to a defaulted TTI SPC account on your credit report, and also your dissatisfaction in relation to the way your correspondence has been handled by our Customer Care Team.

Our investigation

Firstly, I would like to apologise for the obvious annoyance and inconvenience caused to you by your interaction with Callcredit thus far. We are fully committed to providing the best possible levels of consumer care, and my investigation suggests that we have fallen some way short of those standards on this occasion. Please let me assure you that your experiences will be reviewed internally to ensure that relevant training needs are addressed.
I can see you raised a dispute against the defaulted TTI SPC account on 23 January 2016. Our Data Disputes team in turn raised your concerns with the lending organisation in question on 3 February. Our Disputes team received a response from TTI SPC on 10 February, I have provided a copy of this response for you below:
‘The original creditor for the account is xxxxxx, our client TTI SPC purchased the account on 12/11/2012. Please advise the consumer that TTI SPC are a debt purchaser and the Insolvency Exchange manage accounts on their behalf. The buying and selling of debt has become more prevalent in recent years and is at the discretion of the seller (in this instance xxxxxx) and unfortunately they do not require the consumer’s permission to do this, the law only requires they notify the consumer of the sale.’

Unfortunately, we cannot remove information from your report without prior consent from the data provider. Arbitrarily removing data from your report would be unlikely to resolve the issue, because the data would be re-supplied the next time the data provider submits their file of information to us. You may wish to contact this organisation to discuss further, and consider the addition of a Notice Of Correction to this entry. A Notice of Correction is a statement that can be up to 200 words in length, explaining why you believe the record is inaccurate or incorrect. If you wish to add such a Notice, please submit your wording to me directly for review. The Notice will be visible to any organisation that subsequently searches your credit report.

Now I am aware of who it is I can say that the last payment made to them was 2008/09 and I was never notified of the sale and the address they have listed on my file for the account I moved out of in 2008, they have advised me that if I am not happy I can contact the financial ombudsmen. Also as stated above they have advised of purchasing the debt in 2012 but have the default listed as 2011 and account opening date as 2004.

[panther12]

Re: Failed IVA

The way I read it TTI are saying they purchased the debt and are reporting the default already in place from the original creditor. They can do that provided the original default entry has been marked settled and the new owners continue reporting it under their own name but the dates including date of default have to match the original default. Sometimes a creditor doesn't report the default to the cra's but if the debt gets sold on the new owners might start reporting it. Niddy will be best placed to answer but if they are simply mirroring an already existing Default (albeit not previously reported to the cra) I would think this will have to be taken up with the original creditor.

[Supergrover]

Re: Failed IVA

There are no other defaults however this could be as it has been over 6 years, there's also nothing showing on my other credit files. Is there any way I can find out if it was added before? And does a default have to be added within a certain amount of time?

[panther12]

Re: Failed IVA

What type of account is it that the default relates to - creditcard, loan, overdraft etc

[Supergrover]

Re: Failed IVA

It's a store credit account.

[panther12]

Re: Failed IVA

Was this account included in the IVA? Wait for someone else to comment but if it was then I'm fairly sure that the date of default cannot be after the IVA commencement date.

[Supergrover]

Re: Failed IVA

Yes it was which started early 2008 and the last payment I made was Feb/mar 2009. Not really sure where to go to get it removed now, or if I can

[panther12]

Re: Failed IVA

According to the ICO "Principles for the Reporting of Arrears, Arrangements and
Defaults at Credit Reference Agencies"

In normal circumstances lenders will be notified when the debt that is owed to them is to be
included in an insolvency e.g. bankruptcy, IVA or similar and should be marked as included
in that by filing a default as soon as is practical.
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.
If a default has already been filed and a CCJ or other insolvency or similar is subsequently
registered, no further action is needed.

According to the above the default date should be no later than the IVA start date. Do you have a copy of the iva order.

[Supergrover]

Re: Failed IVA

Thank you, I'm not sure of the exact details as it was so long ago. I'm hoping I have kept some of the documents somewhere. It shows the date of default as Jan 2011, which is almost 2 full years after the last payment made into the IVA, 3 years after the start of the IVA

[Supergrover]

Re: Failed IVA

Thank you, I'm not sure of the exact details as it was so long ago. I'm hoping I have kept some of the documents somewhere. It shows the date of default as Jan 2011, which is almost 2 full years after the last payment made into the IVA, 3 years after the start of the IVA

I havent ant been able to find my original paperwork. Can anyone advise me where I should go with this now?

[Supergrover]

Re: Failed IVA

Ive just applied for a short term rental property to get into the area I want to buy in, however I've just found out that their credit checks are done with callcredit so looks like I won't get the property and will also lose the fees. Any ideas how I can get around this? Ideally I don't want to be left with nowhere to live

[Pixie]

Re: Failed IVA

Hi Supergrover. I'll flag up your last two posts so that someone may be able to give you an answer. I'd only be guessing.

[PlanB]

Re: Failed IVA

Ive just applied for a short term rental property to get into the area I want to buy in, however I've just found out that their credit checks are done with callcredit so looks like I won't get the property and will also lose the fees. Any ideas how I can get around this? Ideally I don't want to be left with nowhere to live

Supergrover.

I'll admit I've not been following your thread because IVAs are not my speciality.

However I now see you may have a spinoff problem with renting a property so let me read back through your thread and reply in the morning.

A quick question: would you be in a position to pay any of the rent upfront? That should overcome the problem in an instant.

Plan B x