British Gas - Default Removal

[Fergie76]

Hi all, great new site. Well done, Niddy and team. Hope we're good to post now?

I have only one default on my Credit Reference File, which from nearly 3 years and was put there by British Gas. I originally sent off a letter that Never-In-Doubt suggested on another forum, found here: Link, post 9.

I never received a response from them, despite them cashing my £1 cheque, although Niddy, did say I sent the wrong letter. :

Any I phoned them up, they "investigated" and this is the email reply, they sent me:

Hi Mr X,

Following on from today’s telephone call here is a copy of the letter I sent. I am sorry you never received it.

Please ignore the date on the letter.

I look forward to hearing from you soon to agree resolution to your enquiry.

Regards,

X

Dear Mr X,

You contacted us recently and asked us to look in to an issue you feel is important to you. Thank you for giving me the chance to deal with your concerns.

I have tried to call you today via phone but the number we have is not recognised. I have sent an email and also a letter to my old address that I have not lived at for 3 years..

I have been passed details of your enquiry by my colleague X who you spoke with today regarding your complaint.

I understand you are disputing a default that has been placed on your Experian credit report. After looking through your accounts I can see you have been in contact with us previously regarding this matter.

The debt is due to a returned final direct debit payment of £168.23 dating back to your final bill dated 12th April 2007. On this bill we would have advised you the date we would take your final direct debit payment for the balance owing, if the direct debit was cancelled by yourself before we took the payment you would have received reminder notices to pay the balance.

Looking at the account I can see you called several times to dispute both the gas and electricity final bills and amendments were made to the meter readings this would have created new revised final bills. The last one dated 12th April 2007.

No contact was made into us by you until December 2007 at this time you set up a payment arrangement for the deficit amount and were advised we would not remove the default but we would satisfy the debt with all relevant credit agencies. This is then removed off your credit file after 6 years.

I understand you disagree with this however the default is valid and will remain on your credit history for the 6 year period as explained by my colleagues this will then be removed from your credit file as promised.

If you would like to discuss this further please contact me. My office hours are 8-5.30pm. Please give me a ring on 0800 294 35 04 (Free of charge**), or you can email me X@centrica.co.uk. If I have not heard form you by 14th August I will assume you are happy with this explanation and close this case.

I’ll keep you up-to-date with our progress and look forward to agreeing a solution with you in the near future. I promise we’ll do our best to resolve your concerns as soon as we can.

I believe the information held on my Credit Reference File, to be incorrect:

BRITISH GAS TRADING.........Electricity....................Def ault......Satisfied

Update - 10/05/2009

ENTRY NUMBER: C9

Name: MR X

Address: Old Address
Date of birth: XX/XX/19XX

Company name: BRITISH GAS TRADING
Account type: Electricity

Started: 29/03/2007
Default Balanced: £168
Current Balance: Satisfied
Defaulted On: 26/10/2007

File Updated for the Period to: 10/05/2009 Status history: [8]

brackets indicate most recent months status

They have a start date of 2 months after they stopped supplying my electricity and the default date is Oct 07. I never received any letters reference the outstanding amount, I think they went to my old address as even now, she still sent the letter mentioned in the email to my old address. Also, it says my CRF was last updated - 10/05/2009, why would they need to do this, if the account was satisfied two years previous?

Ideally, I would like the default removed, as I paid it as soon as I became aware of this debt, is that possible?

Any suggestions, on what I could do? As I said this is the only default, I have on any of the 3 Credit Reference File, and it's quite annoying for such a paltry amount.

Thanks in advance.

Hope this makes sense.

[Never-In-Doubt]

Re: British Gas - Default Removal

Hiya

I'll sort this for you, stop worrying just bear with me cos right now I am inundated and my priority has to be getting data from old site to this one (i.e. all my templates)... so bear with me, I should be able to get BG to listen - point is you never agreed for them to share data, I don't care what their policy is - they still need your permission and that is the crux here, I have had a few successes but you need to bear with me, no promises that it will work but supply me with info ready for when I get round to dealing with this - tell me accurate data such as;

when did you take the account with them and how, over phone or via doorstep rep/online etc - also did you ever get sent anything about the new contract?

When did you move?

have you now cleared the debt, if so how did you clear it and when did you make last payment (i need to know if you paid in one go when they told you of the amount outstanding or whether you paid like £20 per month for a year whatever!)

thanks

[Fergie76]

Re: British Gas - Default Removal

Cheers.

I don't have the all the details that you have said. I don't think I have any paperwork from BG, but will have a look. I will try and be as accurate as I can from my rubbish memory.

No rush, just when you get a minute. I might not be able to reply straight away as I'm currently working away during the week, but will answer as soon as I can.

Cheers.

[Fergie76]

Re: British Gas - Default Removal

Hi,

I realise that your a busy person, but have you got any advice?

I'm going away with work next week and would like to respond to BG email before I go.

Thanks.

[Fergie76]

Re: British Gas - Default Removal

Any advice please?

As I said yesterday, I really need to get this sort today or tomorrow, as I am in the Navy and going away to sea next week, so will be unable to deal with it then.

Thanks.

[Never-In-Doubt]

Re: British Gas - Default Removal

Dude

I can't do anything til you reply to my questions. This will take months to sort, so sooner u reply to me the sooner I'll help you. I can't work to guesses or you could look a bigger tit long term - pointless me saying to them that they done this wrong, based on guesswork, for them to come back proof.

Point is, provide what I need and I'll sort it.

[Fergie76]

Re: British Gas - Default Removal

Dude

I can't do anything til you reply to my questions. This will take months to sort, so sooner u reply to me the sooner I'll help you. I can't work to guesses or you could look a bigger tit long term - pointless me saying to them that they done this wrong, based on guesswork, for them to come back proof.

Point is, provide what I need and I'll sort it.

Ah, ok. I read your last post wrong.

when did you take the account with them and how, over phone or via doorstep rep/online etc - From memory, as I moved into that property in 2002, I think they were the suppliers when we moved in and just continued.


also did you ever get sent anything about the new contract? - Not sure, think I just got a welcome letter, this is how much your DD will be, blah, blah, blah.

When did you move? Moved in -2002, moved out - End May 2007. BG Stopped supplying in Jan 07, when we changed suppliers.

have you now cleared the debt, - Yes.

if so how did you clear it and when did you make last payment - Dec 07, according to BG

(i need to know if you paid in one go when they told you of the amount outstanding or whether you paid like £20 per month for a year whatever!) - in one go, I believe.

As I stated earlier, BG have incorrect details on my CRF, ie. the start date and default.

Cheers.

[Never-In-Doubt]

Letter to send BG

Hiya

Ok, what you need to do is stand fast on this; don't back down and do not entertain telephone chats. Simply send the following email response back, and do what it says - email a copy to the main man as well: sam.laidlaw@centrica.co.uk

That way you'll get maximum exposure, ok? We'll get there, don't be worrying....

• Dear Sirs,
  
  Ref: XXXXXXXX
  
  I write with respect of the above numbered account, and recent correspondence regarding an incorrectly placed default on my credit file. Having had time to digest your shortcomings, seek legal advice and find all the facts I am hereby giving you one last opportunity to rectify matters, prior to my going to the courts for an injunction against you for removal of the unlawful default.
  
  Let me explain; i'll start by telling you the history to which i'll then link to the most recent email - hopefully you'll see some of the inconsistencies and reasons why, you've acted unlawfully and why, i'll succeed in any action I bring against you.
  
  I moved into the property around 2002 and at the time, British Gas were the suppliers. I simply rung and told them I was the new tenant and gave my Direct debit details. That was that. I never received any welcome pack, any terms and certainly never received any mention that I authorise you to share my data - a factor which had I been aware of, i'd have swiftly cancelled the service - for several reasons, one being the fact you do seem extremely keen to issue unlawful default notices something very useful to my case, if you decide not to act responsibly and honourably.
  
  Ok, so here we are; i'd taken over the account and things were fine. I then rung to change suppliers around January 2007, primarily as I found a cheaper alternative to British Gas. I telephoned with new meter readings at the time I switched and was told that the funds would be taken from my account, via Direct Debit as usual.
  
  However, a resulting dispute in the final bill resulted in the Direct Debit not going through and whilst I was waiting on a response, moved houses ensuring you had my contact phone number. It is from here that things get confusing, because you have one version of events and I have another - the truth! I had moved in May 2007 and never received a final bill; how would I have when I was disputing the final bill and awaiting a call back from someone? I didn't expect to get a bill, and one never came. Granted, when I moved I could have given you my forwarding address but i'm under no legal obligation to do so, and so never. I did supply you with my contact phone number. I was never told that a final bill was issued, at this point (May 2007).
  
  So, fast forward to December, I arranged to pay the balance in one go and thought that was that. You mention that I was informed in December 2007 that the default would not be removed, I have no recollection of such conversation however I am certain a s.7 DPA Subject Access Request would confirm the truth in this matter.
  
  Anyway, fast forward to the current time and i've realised just how badly i've been treated, not only because you have abused your position but also because you've had a detrimental affect on my ability to obtain credit, for the past year. I was never in receipt of any British Gas terms and I most definitely never signed any agreement authorising you to share my data with anyone - let alone a credit agency!
  
  As such, and due to the fact no default notice was ever issued to me, no remedy of breach was ever issued and the actual dates and amount is incorrect; I formally demand that this default is removed from my credit file(s) within the next 14 days otherwise I will serve papers to obtain an injunction for removal - my case is pretty black & white and I do have all the proof necessary. I shall, as matter of course be requesting a formal SAR under s.7 DPA(1998) which will put you to task to prove to the courts that you sent the bill as you declare; and that it was received by myself. I will also find out about this erroneous phone call; coupled with the proof that you will not have my signature agreeing to share my data because I never signed anything with you.
  
  I really do not wish to have to resort to legal action but unless you see sense and sort this mess, as a matter of urgency I shall be left with no alternative but to seek legal intervention - I am not joking here, I want this sorted and I want it sorted now.
  
  For clarity; you stated that the account was in arrears on 12th April 2007; but you never added a default until 26th October 2007 - a default ought to placed within 6 months - you cannot just add one whenever it feels right. Also, the default is incorrect in its execution; you have stated the start date as being 29/03/2007 but we both know it was already supplied to the property in 2002 when I took ownership and in March 2007 I had been cancelled with you for 3 months. As you know, you may only register one default per life cycle and as the first was incorrect, you do not now have the power to either amend it or replace it - therefore it should be removed in its entirety.
  
  I look forward to your reply within the next 14 days, failure to accept your mistake and remove the incorrect default will result in more formal papers being sent, by return. A copy of this letter has been sent to Sam Laidlaw, for his perusal.
  
  Yours faithfully,
  
  
  Sign Digitally

[Fergie76]

Re: British Gas - Default Removal

That's great.

Thank you so much for taking the time and effort to help me with this problem. Really appreciated.

[Never-In-Doubt]

Re: British Gas - Default Removal

That's great.

Thank you so much for taking the time and effort to help me with this problem. Really appreciated.

Best of luck.