Mbna & fos

Toffee1

MBNA posted a default notice without issuing a default notice - they acknowledge this and the FOS agree , but FOS are refusing to remove default because I cant prove I could have paid the outstanding debt had a notice been correctly served. Any advice or views would be most appreciated.

McKneff

Would it have made any difference if you had been notified.

Could yu have paid it before it got to default.

Toffee1

It would have made a difference I would have had the opportunity to remedy the breach

meer53

Did you not receive any reminders from MBNA before the default was applied ? Could you not have paid it then to prevent the default ? Before i apply a default, several contact letters have to have been issued.

Toffee1

There was other correspondence, none talked about a default notice.

rizla_king

Read the section on notices of intention to file a default.

http://www.ico.gov.uk/for_organisations/guidance_index/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Toffee1

Looked at this which helped in forming my complaint - it appears that matter rest on the view at FOS as to whether I could have settled had a default had been issued Had I had the opportunity I would have sold personnel possessions or surrendered a pension - but I was not give the opportunity a default was issued with serving a default notice - don't know where to turn to next - FOS and MBA both agree that a default was not issued?

McKneff

Toffee1 wrote: »

It would have made a difference I would have had the opportunity to remedy the breach

But you must have known way before that that you had owed this money for a long time. .

That was the time you should have been selling things.

Defaults dont happen overnight

And by the way, you cant surrender a pension, or cash one in.
Once it's in your pension its there till yu are at least 55 years of age.

Toffee1

Having said I could surrender a pension was because I could because I am over 55 - concerned that your replies are very moralistic and are not offering practical advice .

Janie4Now

OP - I can't see anything moralistic here. It may, however, be short on practical advice because for the life of me I can't see what advice could be given: you didn't make a payment; you had plenty of time to pay even if you had to sell something to do it but you didn't. Therefore, you defaulted even if you didn't receive a default notice.

Difficult to see what else to say, really.

rizla_king

Toffee1 wrote: »

Looked at this which helped in forming my complaint

The FOS looks at overall fairness and does not necessarily care what the law or guidelines say.

Those guidelines are from the ICO, so it may be worth complaining to them instead. They say that.

Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

In the above fairness is not the FOS version. It is fair processing under the data protection act and principles. That is the province of the ICO.

http://www.ico.gov.uk/complaints/handling.aspx