Post IVA/Default Issues - Credit Report

[stopstealingmydata!]

Hi there

 

In 2007, due to unforeseen circumstances, I entered into an IVA. One of the creditors within the IVA was Halifax. The IVA was successfully completed early in 2010.

 

Since undertaking the IVA in 2007, I have periodically contacted Halifax and their debt collection subsidiary Blair, Oliver & Scott, to request that default payments appearing on my credit report are zeroed out.

 

Halifax should be well aware that an IVA was in effect from 2007, as well as completed in 2010, owing to the following reasons:

 

1) Halifax attended the initial IVA meeting in 2007 and were legally informed of the IVA decision in writing

2) Halifax attended the variation meeting in relation to completion of the IVA on 14th April 2010

3) a copy of the IVA completion certificate was sent to both Halifax and Blair, Oliver & Scott in 2010, 2011 and 2012

 

On 26th April this year, having noticed my credit report still showed payments defaulting as recent as February 2013, despite dozens of calls to both Halifax and Blair, Oliver & Scott over the course of the past six years, I called Halifax to discuss this issue once again. It was my intention to try and seek redress in one way or the other concerning the distorted figure of outstanding debt on my credit file, as well as harassment on Halifax's part by the continued issue of statements which I am still receiving on an account that now holds a nil balance.

 

Upon speaking to various people at Halifax last week, it seems I am none the wiser as to how the series of errors on Halifax's part have occurred. I was, however, advised that:

 

1) By law, Halifax are required to issue statements despite the IVA reaching completion three years ago (despite my account being settled in accordance to UK law)

2) Halifax holds no records of the numerous calls I have placed concerning this matter since as far back as 2007, and

Halifax holds no record of my IVA having been completed

 

I have a number of concerns, some of which I need advice on, including, but not exclusive to:

 

1) my credit report indicating I am still defaulting payment on my Halifax credit card account, despite entering into an IVA in 2007, from which time the defaulted debt should have been written down to zero.

2) the continued receipt of statements which are still being sent by Halifax periodically since 2010, following completion of my IVA, despite various calls to Halifax

3) no record of calls made to Halifax with reference to the above issues, despite calling your company on numerous occasions since 2007

 

Further to the above, I understand a default notice will remain on an individual's credit file for six years from the date of issue. Therefore if a default notice is issued it would remain on my credit file for longer than the IVA, which is due for removal in September of this year. The default entries since 2007, therefore, are to be considered incorrect and entries which have distorted and will continue to distort my credit file for an additional six years following the date of the last default - in this case the last default was in February of this year.

 

Having written to Halifax once again a couple of weeks ago trying to get my credit file records amended, it seems as though I've hit a brick wall. They have stated that unless I send a discharge certificate there is nothing they can do to amend my records. Having spoken to my old debt management company they don't have any idea what this is and have advised the completion certificate I have sent on numerous occasions should suffice. Upon telling Halifax this, the complaints department advised over the phone that they would be removing all default entires on my account and writing to me notifying me of this. As I didn't receive a letter I called back to be told I would NOT have the default payments removed!

 

Instead, Halifax wrote to me, but failed to answer questions raised in my original email which were:

 

1) Why Halifax has no record of my IVA having been completed, despite being in attendance at the variation meeting in 2010, as well being sent various copies of the completion certificate

2) Why Halifax did not write down the outstanding balance to zero in 2007

What Halifax intend to do in relation to readjusting my credit record to remove all defaults since the IVA was agreed in 2007

3) Why Halifax have no record of my telephone calls to them regarding the above - I was previously advised that it may be because I didn't officially state I was making a complaint, but surely owing to the nature of my call, this should have been adjudicated as such by the staff I had been speaking to?

4) Why Halifax still continues to pester and harass me with statements stating that I am failing to make payment, which is causing undue distress

 

Am I barking up the wrong tree to want to sue Halifax for the above, under the Administration of Justice Act 1970, as well as the Malicious Communications Act 1988, due to the statements which continue to be sent, telling me I have outstanding debt and am defaulting in payment as well as for personal injury - I am registered disabled and the stress this series of events has caused, and continues to, has triggered and contributed to various immune system issues relating to my disability which are medically proven to be brought on by stress - the above events are continuing to have a negative impact on my health.

 

is there anything else that can be done by way of a court of law in order to receive compensation for:

 

1) the amount of time it has taken to deal with this issue (beginning 2007)

2) the negative impact Halifax's incompetency in not writing down default entities on my credit report has had on my credit file

3) the impact the past six years of dealing with Halifax has had on my health and wellbeing

 

I have already logged this with the FOS, but would certainly like to pursue this by other means also. The only issue is that, due to ill health I am unable to work and am on benefits, so the cost of getting a solicitor may be slightly out of my range, unless Halifax were to cover legal costs should they lose any case made against them.

 

If anyone could offer me any advice it would be very much appreciated.

 

Apologies for such a long-winded explanation!

 

Many thanks

 

Joe

[dx100uk]

on the summary of the debt on the cra file

what is the default date?

 

dx

[stopstealingmydata!]

on the summary of the debt on the cra file

what is the default date?

 

dx

 

Hi dx. The latest default date is 31/3/2013 - is this what you mean? The IVA was started in 2007. The same default amount has been displayed each month since then.

 

Many thanks

 

Joe

[dx100uk]

you can only have ONE default, but multiple updates

 

when is the account listed as defaulted in the summary.

 

dx

[stopstealingmydata!]

Apologies dx. It's listed as being August 2007, the same time my IVA started.

 

Thanks

[dx100uk]

then I wouldn't bother

 

the whole account will vanish from your cra file totally on the defaults 6th birthday.

[stopstealingmydata!]

Thanks dx.

 

The only problem is I'm not satisfied by the way in which this should have been removed in 2007 and still remains to this day and the way in which Halifax have dealt with this issue.

[dx100uk]

have a chat with the ico then.

 

dx