SAR information/ default

j2012oe

Hi all,

I am in the process of attempting to have a default removed from my credit file:

See my post in the loans section for the gory details.

Should SAR information include evidence of letters being sent to me advising of me the default notice and that my loan was in arreas?

There are no letters at all in the information that I received.

Thanks, Joe

happy_bunny_2

Don't need to include a copy of the letters, but the account history should show if it was sent or not. No mention of it in the SAR response is a bit odd.

Can you post a link to your other thread?

j2010oe

Hi Happy Bunny,

As a new user it seems I can't post a link so I have copied and pasted!

Hello all,

I posted on this a while back but I really need some advice/ help as I am at the stage that I need to write a strongly worded letter to MBNA to get a default removed.

The background is that In March 2011 I went to Benfield Ford to change my car and they applied for credit through Santander. The credit application was rejected which was very surprising as I though I had a pretty good credit history.

I went home, got an Equifax credit report which said that I had defaulted on a loan through MBNA which was news to be as I was unaware that I had a loan though them.

Having now got all the SAR information from MBNA the timeline is as follows:

Feb 2007 - Took out a £4000 loan with MBNA to pay off £3336 off an MBNA credit card leaving a small balance.

After a 3 month payment holiday I then paid 9 x £120 payments towards the loan up until March 2008.

On 21st Feb 2008 I called to get a settlement figure for the loan and then on 20th March 2008 I paid £3,300 to MBNA and I thought that was the loan account closed.

On 19th March 2008 I called the MBNA credit card dept to close this account and they refunded a small credit card balance.

In March 2011 I went to Benfield Ford to change my car and they applied for credit through Santander - the credit application was rejected.

I went home and got an Equifax credit report which said that I had defaulted on a MBNA loan.

What had happened was that in March 2008 I paid off the loan with £3300 but I had under paid by £452 as the figure was actually £3752 (this figure isn't specified in my notes anywhere). MBNA used the £3300 to pay the loan amount (£120) per month until it ran out in June 2010, at which point I eventually defaulted on the loan. I had canceled the direct debit in 2008 and since moved address etc so Mbna were unable to contact me.

On the same day in March 2011 when I found this out, I paid the £680.43 loan balance in full and subsequently Santander reversed there decision and I got the new loan for the car.

I did have a stab at getting the default reversed in 2011 but it was all over the phone and I didn't get very far. But now I am determined to sort it out as I feel the default is both unfair and unjust.

It is worth noting that in the SAR information there is no evidence of letters being sent to me to say that I missed payments or that there was a balance due. The loan terms say that I may make a part payment but I need to leave a balance of at least £1,000. Despite this, they say that I left a balance of £452.

A further issue is that MBNA rather than me benefited from the interest accrued on the £3300 lump sum paid in March 2008.

I recieved nothing from MBNA to say that my interest/ payment amount was recalculated after the £3300 was received.

I feel I have a good case and I want to send a letter to MBNA to have the default reversed. Please can you let me have any advice/thoughts.

happy_bunny_2

Ah yes, I read this before

Have you sent a complaint to MBNA?

I guess the SAR had no transaction history? I have done a few that say letters received, letter x sent etc.

j2010oe

No mention of defaults/ arrears/ letters being sent etc etc.

I think I need to send a letter of complaint to MBNA and see what happens!

Thanks for the help.

happy_bunny_2

Np. Have you complained previously? Surprised if you haven't

If not do so as you say, in writing, signed for as MBNA can be known to ignore otherwise, in my experience.

If not resolved after 8 weeks, you can refer to FOS. Your case smells of fishy MBNA behaviour...

Be sure to mention no evidence of anything supplied in SAR as well as complaint about what they originally dd. supports the fact you received nothing from them.

Post if you need pointers on the complaint letter.

Good luck

HB