Default rules

hoops77

Can someone clarify for me please.
Have a provident loan I fell behind with about 7 years ago, I have asked for the original default letter as don't remember receiving the letter and the address they have been writing to has the completely wrong postcode.
They have informed me they didn't sent a default letter as they didn't need to as I was in arrears.
In a position to satisfy the debt at the end of the month. And it drops of my credit file in a year and 3 months.
I have raised a complaint with the fos regarding removing the default?
Am I in the right ?
Or am I wasting my time

Tixy

The old default guidelines did state that it wasn't always necessary for a lender to send a notice of intention to file a default notice.
The guidelines at the time can be found on this link - http://webarchive.nationalarchives.gov.uk/20100428141142/http://ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf
see section 35

However for them to say just you being arrears was a reason for them not to have to send a notice is a nonsense, they wouldn't be filing a default notice if you were not in arrears.