Look at this response from Myjar, 2010 loan defaulted 4 years late.

We write to advise you that we are now in a position to provide you with our final response. We take all complaints very seriously and we are grateful to you for having taken the trouble to raise this matter with us. We will use the information you have provided to try and prevent similar issues arising in the future.

As you are not contacting us from your registered email address, please let us know if you wish us to update your account with this new email address. If you do not wish to update your email details, please note that we would need to ask you security details every time you contact us from an unregistered email address.

Relevant facts

Your complaint relates to MYJAR entry on your credit file. You have explained that you discovered our entry on your credit file and are concerned that the date of the entry is incorrect. As a resolution to your complaint, you have requested us to either amend the date of the credit file entry or to remove it entirely.

Investigation

You took out your last loan with us in February 2010. You have claimed that you settled the last loan you had with MYJAR. Please note that according to our records, you have not made any payments towards the balance and as such a default notice was sent to the email address you signed up with on 15 July 2014. Since no repayment was received within the given timeframe, a default was registered against you. We note that on 17 May 2016, the loan was set aside due to the age of the debt and the credit file entry was updated to Satisfied.

Please note that at the time your loan defaulted, MYJAR did not share data with any credit reference agencies. As we only started sharing data with credit reference agencies in 2014, it was not possible for us to have issued the default notice before. Nevertheless, we can confirm that the registered default date reflects the date of the action of the default and the date when the loan was marked as Satisfied reflect the date when it was set aside.

Due to reciprocity agreements between us and the credit reference agencies, we are obliged to provide them with accurate information regarding all of our customers’ accounts.

Decision

In light of above, despite our empathy, we are unable to uphold you complaint. Due to the age of the debt, it has been set aside, meaning that you do not have any financial obligations towards MYJAR. Please note that we are unable to remove the loan entry registered against you as we believe that all creditors need visibility of true account behaviours and how their accounts have been managed, removing them would only put the client at greater risk.

You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

You can find information about how to do this on the Financial Ombudsman Service website: http://www.financial-ombudsman.org.uk. There is helpful information about how to complain in the leaflet Your complaint and the Ombudsman which you can find at: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm.

Kind regards,

what a load of ole twaddle

the default should have been registered on your 3rd missed payment

regardless to if they were or where no registered with the Credit ref agencies

off to the ICO with that one then.

MY My./.. MYJAR again bending the rules.

DX is completely right. They dont need to report to the CRAs in order to issue Default Notices!

FOS would have a breakfast day with these guys.

You can now go to them... Why not refer to them now...? You can raise a complaint online.

I emailed their previous response to Mandy bent asking if if she was for real... Default now removed!

Dear Mr XXXXXX

Thank you for your email in relation to your historic account with MYJAR. As MYJAR’s Group Compliance Officer, I am responding to the further communication you sent to our complaints team today and cc’d Mandy Bent.

I have looked at your complaint and the response we have provided, below is additional information, which I hope will clearly articulate the outcome of the complaints team investigation.

During the first half of 2014, MYJAR started using Credit Reference Agency (CRA) services for the first time. As part of the boarding requirements with the CRA we were required to share all account status data from that point and also to share all historical data. This is quite normal, to extract data from a CRA the lender must also share data with them. This forms parts of the reciprocal agreement terms creditors hold with Credit Reference Agencies.

Before MYJAR provided the CRA with the information to registered the default entry on your credit report, we were required to send you a default notice to give you the opportunity to remedy the original breach of the agreement.

This was sent to you on the XX July 2014, the earliest opportunity prior to boarding with the CRA services.

Before that time, we did not use CRA services, (as explained) and therefore there was no requirement to issue you a default notice. There is however a requirement to keep a customer up to date with the status of an account, this was done so in the form of email and SMS communications when your original contractual payment was not received.

As we didn’t hear back from you after we sent you the default notice by email to xxx@xxx.co.uk we carried out our obligations with the CRA and shared your account status data with them. The requirement we have is to ensure the data recorded is a reflection of the true history of your account and after checking I can confirm that the information is accurate.

Since MYJAR issued the final response to your complaint, I can confirm the default entry is no longer showing on Call Credit’s records, this is due to the date in which the agreement was opened, having passed 6 years. The Equifax entry is still showing despite the 6 years passing. I have today arranged for this entry to be removed, as it should have been at the same time Call Credit removed theirs and updated your records.

I do hope the explanations set out above and the request to remove the entry from Equifax satisfies your original complaint. However, if you are still not satisfied you are able to take your complaint to the Financial Ombudsman Service as explained in our final notice, sent on 09 Feb 2017.

This is our final communication on the matter.

Result!