Well, I agree with BF asking the question as a lot of it is my opinion - though my opinion is based on the IC info available, and how IVAs are supposed to work. Unfortunately, there's not enough info available generally on what happens to your CRF during & after IVA - most of the info available is about bankruptcy. But like I say, I think the same principles should apply. I have no idea how you'd go about getting compensation - personally, I'd just go about getting it corrected first. If you have on record that both the CRA & Barclaycard won't adjust it, and you've reached impasse, I think the only way to resolve it is by getting the IC involved. How interesting - was it always in the NoC section, or was the IVA entered in Public Records while it was ongoing? If you look at Equifax's own description of a NoC, seems strange that they'd put IVA details in that section: Again, I would pass this on to the IC, along with copies of your other CRF to show that the other agency(ies) can manage this perfectly well. Cheers Michael

Hi BF Well, I'll do the best I can.... Most of it's taken from this leaflet. Like I say, it refers to the IC FAQs about bankruptcy - as an IVA is a "lesser form" of bankruptcy, I think the same principles should apply, especially since it's a legally binding agreement. Problem #1: Default date issued after IVA start From this leaflet: Problem #2: "Late payments" marked on CRF after IVA start If any of the terms of the IVA are broken, then the IVA fails and bankruptcy can be applied for. I'd imagine that "late payments" would fall under that if the creditor was included in the IVA. From here: That said, an IVA should "default" the account anyway, since the Ts&Cs of the original credit agreement will be broken. From this leaflet: Problem #3: CRA not marking IVA satisfied If there's a separate entry for an IVA on your CRF, and the CRA has proof it has been completed satisfactorily, then they should be obliged to mark it as satisfied/completed - just like they are with bankruptcy orders, defaults and CCJs. It's a public record document, so it's not like they have to verify it with a lender. I would suggest that not marking it as satisfied when they have proof is a breach of the "Fourth Principle of Data Protection" (the requirement that personal data is accurate). HTH Cheers Michael

This is quite clearly wrong - you can't default on an account after an IVA has commenced (which naturally implies that the account is closed/defaulted anyway)! Again, this has to be wrong - you can't "late pay" an account after an IVA has commenced. Any late payments under an IVA would surely start the wheels of bankruptcy proceedings? Ack, don't you just hate CRAs? Equifax are very much in the wrong here - if there's an entry for an IVA, they must mark it as completed/satisfied (like they have to do for defaults/CCJs when they're satisfied too). The Fourth Data Protection Principle requires that personal data is accurate - clearly the Equifax info isn't if they haven't marked the IVA as satisfied. I'm really not sure just what legal steps you can take about any loss due to incorrect information, but, you may be able to get the Information Commissioner involved (though they won't be able to issue compensation, etc...). Have a look at this leaflet. I know it talks about bankruptcy, but since an IVA is a legally binding agreement and is a "less formal" type of bankruptcy, I think the principles involved should still apply. Make sure that you explain that you've contacted both the CRAs & lenders involved, but they've either refused to budge, or flat out recorded the wrong information. Whether it's the CRAs or the lenders that are recording incorrect information, I'd say one or the other (or even both!) have committed some sort of DPA breach. Oh, BTW, somewhere you might get some more information from is the Debt Questions Forum, in the IVA section. HTH Cheers Michael

Hi rmb282 If the Barclaycard debt was included in the IVA, then I believe it should be marked as default from the date that the IVA was agreed. Also see this Information Commissioner leaflet, which helpfully states: Rather than talk about this with Barclaycard, I'd be more inclined to get your credit files from Experian/Equifax/Callcredit (the Credit Reference Agencies) and then query the late payment record with Experian/Equifax/Callcredit. It'd be helpful if you provided them with some evidence it was included in the IVA, when the IVA was agreed & settled. Unfortunately, some companies will only really take action when there's some outside pressure involved. HTH Cheers Michael

Brilliant letter - love to see what their response is! Cheers Michael

Received my copy today - in "Money Monitor" (p38), there's a small paragraph asking for members' experiences of excessive bank charges: (note, am not giving out the email address, since it should be for Which? members only) I know I'll be sending an email with details of this site and my experiences. Just thought it'd be a good idea to post here, both to say that it looks like Which? might get on the case too, and also in case any Which? members miss the request Cheers Michael

For once the Royal Mail did me proud - the letter was confirmed on Track & Trace as delivered well before the 1pm guaranteed time - hoorah! Cheers Michael

Well, the letter's gone Special Delivery today - should be with them by 1pm tomorrow Bring it on! BTW, noticed a couple of typos and that I'd missed the Bridle Road off the address in the drafts above and added a couple more examples to the cases - so, the final letter (yes, the XXXs were replaced before printing ) is below: Will update this thread as & when a reply is received... Cheers Michael

Well, only if you think that'll help Cheers Michael

Yeah, I realise they're probably aware - I just really want to cover all the bases as this is my first salvo I've modified it again then, with some extra info from this letter: Whaddya reckon? Cheers Michael

Ouch Henry, sorry it turned out like that I'm assuming that any leaflet of "Terms & Conditions" would form part of the contract with the bank - and therefore, if you breach a clause in the Ts&Cs, you'd be in breach of contract? I've just found separate clauses in my A&L Ts&Cs leaflet that talk about the account must be in credit unless there's an agreed overdraft; and cleared balance at the start of the day being sufficient to cover all debits due that day.... Cheers Michael

Hehe, BankFodder - I didn't mean to scare ya Yeah, I know what they owe - I went through all my statements and did the whole spreadsheet thing last night. Only blanked out the detail in the letter to de-personalise it a little Definitely ready to go to court over the whole thing too - not a lot to lose, but a lot to gain isn't there? Am setting up the parachute in the morning - probably time to move banks anyway, given how A&L have mucked me around.. Am contemplating taking action against all my creditors too - but there's an added risk there that they've frozen the interest on my accounts, don't want them to start that too. Plus, there's my mortgage account with the Halifax, they know how to rack the charges up on arrears..... hmmm..... One thing - should the preliminary letter contain the examples of cases & references to liquidated damages? Cheers Michael

Hi all Well, after stumbling across the "Bank charges - illegal?" thread on Money Saving Expert late on Friday night, I found this site. Having reviewed lots of information on here, I totted up my bank charges since I opened my A&L account last year..... just under £1100 I haven't had any previous contact with them on this issue (apart from the odd charge being refunded as a goodwill gesture previously - hence the "nett" comment in the letter) So, to get the ball rolling, I took the preliminary letter and modified it a little. First draft is below, it's ready to send on Monday morning - unless you can see anything wrong with it? Your input appreciated Cheers Michael

After finding this excellent site last night, I'm going to be taking them on very very soon. I'll start my own thread when I'm up & running, but I've just totted up unauth o/d, rejected dd/so charges tonight, and they're over £1k - I've only been banking with them since last March :o Cheers Michael