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[offonone]

I finished my IVA over 12 months ago and have recently been checking to make sure the record of the IVA has come off my credit file. I got a copy my credit file and the IVA is not mentioned. However there are still three default notices still showing. These were debts that were included in the IVA and so should now surely be off my file too. I thought default notices only lasted for 6 years as well? Can you help?

[Hayden]

Hello offonone and welcome to the forum

This is a fairly common problem and infact it also happened to me. What you need to do is contact your origional creditors and ask them to change the date the default notice was issued to the date your IVA started. As I understand it they must do this. Then you inform the credit agencies that they need to update your files. This should do the trick

[offonone]

Thanks for that Hayden. I will write to them. Are there any rules or laws that I can quote which mean that they have to change the dates or is it something that they should do out of the goodness of their heart?

[James Falla]

Hi there offonone

The law on your side here is the Data Protection Act. The act requires that data held about you should be factually correct. As default notices should be marked on your credt file no later than the date your IVA started, if they are marked as later this is factually incorrect information. As such you should quote the data protection act when you write to your creditors and say that if they do not change the data held about you, you will report them to the information commissioner's office.

[Kelly Jago]

Hi offonone.

As always, James is absolutely correct!

If a default notice is issued any more than a few days after the start of your IVA you're entitled to expect that it is backdated to accurately reflect the actual course of events.