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Hi Guys,
I am in a similar position with BG except they haven't registered a default AFAIK. I have has a string of correspondence with them, both verbal and email, and am now at the "highest level of complaint" with them.
The Circumstances: I moved into a property in July 2008, and my landlord gave my details to BG as the new tenant - fine. I never recieved a welcome pack, or any other correspondence, only the first bill. Move forward 3 years, and all is well until i tell them i'm moving out! I give a final meter reading (had paid by fixed DD until then) and they tell me I owe them some money (but i cant remember now how much). I made several payments to them over a 3 month period, and as I remember, they said it was settled. They always had my forwarding address and details to contact me should they need. Over that 3 month period, I paid £464.50! No more contact ever arose from BG.
Move forward another year to November 2012!
I apply for a loan and get turned down! Madness, my Credit file is perfect I thought. How wrong I was. I obtained a copy of my credit file and there were 3 things on there I didnt expect - British Gas - Gas, British Gas - Electricity, and a Default by Santander (a 2 minute call to Santander confirmed they had made a mistake and the history and markers were removed within 24 hours, and I got £160 compensation!). So, onto British Gas.
Rather than phone them, and go through customer services which the internet assures me would have been frustrating, I sent the following email (thanks NID):
To Complaints, Chris Jansen, Sara Richardson, Janette Pincott, Lynda Campbell, & Philip Bentley.
24 hours later and I get a call from them, from a Rachel Snow who is a "Senior Complaints Manager" for "higher up complaints". Several to and fro's ensue, and she claims that as they have a credit consumer licence they can simply enter details on anyones file. I shoot back about DPA, and she claims legal team tell her its all fine so there is nothing she can do. During this, it is established that I did actually owe them some money, even though it says settled on my credit file and i am 99% certain they said it was settled in 2011 after the payments I made.
After all this (it took 11 days!) I sent a follow-up email:
I then get a call from a Jodie Dalton - apparently the "Personal Complaints Manager" and is the "highest level of complaint". Because my details had been twice sent from Lynda Campbell to her, she had to take over my account!
The call lasted around 35 minutes, and centered around her claiming that a "deemed contract" which is what I had, (she confirmed I had never signed, nor given direct verbal permission for my data to be shared) - was enough for them to report on the CRA regardless of my thoughts. I told her had I have known about the reporting I would have never been with BG. She said that was my prerogative, but even if I had known, the supply started with them, and there would have been a period of 4-6 weeks changeover where my deemed contract would have stood.
I am not, nor have never been a bad payer. British Gas are the only single red mark on my Credit file and I feel like I am banging my head against a brick wall trying to get this resolved.
Jodie is currently investigating as to whether I was given "fair opportunity to pay" before they made entries to my credit file, and that my DPA argument wouldn't ever hold up if it made it to court.
I think it is her trying to wriggle out and get me not to chase, so I told her fine, do whatever you need to do to get the details off of my credit file, and you can make yourself feel better by saying it wasn't the breaches of the DPA that made you remove them.
I am now awaiting a call back!
How do i proceed with this from here?!?!?!
(sorry for the essay!!)
I am in a similar position with BG except they haven't registered a default AFAIK. I have has a string of correspondence with them, both verbal and email, and am now at the "highest level of complaint" with them.
The Circumstances: I moved into a property in July 2008, and my landlord gave my details to BG as the new tenant - fine. I never recieved a welcome pack, or any other correspondence, only the first bill. Move forward 3 years, and all is well until i tell them i'm moving out! I give a final meter reading (had paid by fixed DD until then) and they tell me I owe them some money (but i cant remember now how much). I made several payments to them over a 3 month period, and as I remember, they said it was settled. They always had my forwarding address and details to contact me should they need. Over that 3 month period, I paid £464.50! No more contact ever arose from BG.
Move forward another year to November 2012!
I apply for a loan and get turned down! Madness, my Credit file is perfect I thought. How wrong I was. I obtained a copy of my credit file and there were 3 things on there I didnt expect - British Gas - Gas, British Gas - Electricity, and a Default by Santander (a 2 minute call to Santander confirmed they had made a mistake and the history and markers were removed within 24 hours, and I got £160 compensation!). So, onto British Gas.
Rather than phone them, and go through customer services which the internet assures me would have been frustrating, I sent the following email (thanks NID):
To Complaints, Chris Jansen, Sara Richardson, Janette Pincott, Lynda Campbell, & Philip Bentley.
FAO: Andy Eley - Head of Complaints
Complaints Management Team
British Gas
PO Box 4804
Worthing
BN11 9QU
CC: Chris Jansen, Sara Richardson, & Janette Pincott.
Dear Mr Eley,
Ref: Account at ****** – ACC No: ending 0345 Elec & 0800 Gas – S10 Cease & Desist
I am writing regards to some erroneous entries that have suddenly appeared on my credit file, and wish to dispute them in totality.
I am sending this email as a first point of contact, as research into my issue shows I am most definitely not the first to have this issue, and that calling through your Customer Service team will result in frustration and anxiety.
When I first moved into the above named property in 2007, I was signed up to British Gas directly by the Landlord of the property, and as such had no initial contact with yourselves on account opening. This means that at no point was I informed that you were planning on sharing my personal data, similarly, I had never agreed to such either. Had I have been informed me of this 'little' fact, then my business would have been taken elsewhere immediately!
I understand you will try and make incorrect claims about the fact that I consented in my contract with you to the disclosure by you of certain data to third parties, however to be crystal clear, this is not the facts at all. At no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data, in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.
Therefore, take notice that I require you cease from processing my personal data and arrange for any historical data to be removed from the credit reference agencies within 14 days from the date of this letter. I have never given you authority to share my personal data, other than to fairly process it within the normal remit of conducting my account within my capacity as a British Gas customer. I have never authorised you to process any personal data with third parties, certainly not credit reference agencies. Tell me, why would I choose British Gas when you're the only energy firm that does this, if I'd known about it at the time? Quite simply, I did not and therefore believe that British Gas are in direct contravention of the Data Protection Act.
Unless you arrange to remove all the historical data from the credit reference agencies and agree to some form of suitable compensation for my troubles and distress, then I'll not only report you to the ICO for your breaches but I shall also look to contact Watchdog as they have previously mentioned the way in which you unlawfully changed contracts to include elements about sharing personal data, however unfortunately you do not have a God-given right to do this - you need your customer to agree in advance, and I did not.
I am also considering legal action against you on the basis that the 2 entries onto my Credit File – the only 2 red marks on my entire file – are causing me difficulty obtaining a decent level of finance, so please do not force my hand into starting such action as it will also be brought to the courts attention that I have tried to explain things to you thus any rebuff by British Gas will be classed as vexatious and wasting the courts time by abusing the processes when you know you have no real case to answer.
However, if you can provide me a taped recording of my consent or a signature FROM ME on an agreement that confirms I was happy to share my personal data, then please be so kind as to furnish me with a copy, and I will accept your position. If you force me to utilise s.7 DPA (1998) then I will also reclaim the £10 SAR fee from you as part of any claim against you.
Please note this is not a request but a demand to remove all historical data from my credit files.
Furthermore, I understand your regulator, OFGEM, has been investigating the ways in which you suddenly started reporting against private and personal data, so a formal complaint will also be forthcoming to them should you not satisfactory deal with my simple request.
This notice is given on the grounds that the processing by you of the said data has affected my credit rating and my reputation and caused substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.
I therefore look forward to confirmation that you've sorted the above, and removed all unlawful data from all third party unauthorised companies, within the next 14 days.
I can provide my current address, and contact information if required for the request to be resolved.
Yours faithfully,
Complaints Management Team
British Gas
PO Box 4804
Worthing
BN11 9QU
CC: Chris Jansen, Sara Richardson, & Janette Pincott.
Dear Mr Eley,
Ref: Account at ****** – ACC No: ending 0345 Elec & 0800 Gas – S10 Cease & Desist
I am writing regards to some erroneous entries that have suddenly appeared on my credit file, and wish to dispute them in totality.
I am sending this email as a first point of contact, as research into my issue shows I am most definitely not the first to have this issue, and that calling through your Customer Service team will result in frustration and anxiety.
When I first moved into the above named property in 2007, I was signed up to British Gas directly by the Landlord of the property, and as such had no initial contact with yourselves on account opening. This means that at no point was I informed that you were planning on sharing my personal data, similarly, I had never agreed to such either. Had I have been informed me of this 'little' fact, then my business would have been taken elsewhere immediately!
I understand you will try and make incorrect claims about the fact that I consented in my contract with you to the disclosure by you of certain data to third parties, however to be crystal clear, this is not the facts at all. At no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data, in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.
Therefore, take notice that I require you cease from processing my personal data and arrange for any historical data to be removed from the credit reference agencies within 14 days from the date of this letter. I have never given you authority to share my personal data, other than to fairly process it within the normal remit of conducting my account within my capacity as a British Gas customer. I have never authorised you to process any personal data with third parties, certainly not credit reference agencies. Tell me, why would I choose British Gas when you're the only energy firm that does this, if I'd known about it at the time? Quite simply, I did not and therefore believe that British Gas are in direct contravention of the Data Protection Act.
Unless you arrange to remove all the historical data from the credit reference agencies and agree to some form of suitable compensation for my troubles and distress, then I'll not only report you to the ICO for your breaches but I shall also look to contact Watchdog as they have previously mentioned the way in which you unlawfully changed contracts to include elements about sharing personal data, however unfortunately you do not have a God-given right to do this - you need your customer to agree in advance, and I did not.
I am also considering legal action against you on the basis that the 2 entries onto my Credit File – the only 2 red marks on my entire file – are causing me difficulty obtaining a decent level of finance, so please do not force my hand into starting such action as it will also be brought to the courts attention that I have tried to explain things to you thus any rebuff by British Gas will be classed as vexatious and wasting the courts time by abusing the processes when you know you have no real case to answer.
However, if you can provide me a taped recording of my consent or a signature FROM ME on an agreement that confirms I was happy to share my personal data, then please be so kind as to furnish me with a copy, and I will accept your position. If you force me to utilise s.7 DPA (1998) then I will also reclaim the £10 SAR fee from you as part of any claim against you.
Please note this is not a request but a demand to remove all historical data from my credit files.
Furthermore, I understand your regulator, OFGEM, has been investigating the ways in which you suddenly started reporting against private and personal data, so a formal complaint will also be forthcoming to them should you not satisfactory deal with my simple request.
This notice is given on the grounds that the processing by you of the said data has affected my credit rating and my reputation and caused substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.
I therefore look forward to confirmation that you've sorted the above, and removed all unlawful data from all third party unauthorised companies, within the next 14 days.
I can provide my current address, and contact information if required for the request to be resolved.
Yours faithfully,
After all this (it took 11 days!) I sent a follow-up email:
To: rachel.snow@britishgas.co.uk
Cc: 'chris.jansen@britishgas.co.uk'; 'sara.richardson@britishgas.co.uk'; 'janette.pincott@britishgas.co.uk'; 'Lynda.Campbell@centrica.com'; 'phillip.bentley@britishgas.co.uk'
Subject: FAO: Rachel Snow - CC'd Philip Bentley, Chris Jansen, Sara Richardson, Janette Pincott, Lynda Campbell.
Dear British Gas,
Ref: *****
I, with reference to previous correspondence and conversations which are getting me nowhere, send this letter as my final attempt for resolution prior to my seeking clarity from the Energy Ombudsman, the Information Commissioner, and the legal system for your clear breaches of the Data Protection Act.
I clearly stated in my first letter what the problems were, I went into enough detail to afford you the opportunity to properly and fully investigate my claims. Following this investigation you told me clearly you had the right to put my data with the CRA’s, and I do not dispute this fact. What I do dispute however, is my repeated lack of acknowledgement let alone agreement to you being allowed to do this. I never ever gave my authority to share information and I have already put you to strict proof regards this - show me the agreement with my signature on it or the call where I clearly state I am authorising you to do so.
For the record, following further discussion with my legal adviser, it is not the position of OFGEM or Ombudsman to advise if you're eligible to post details of accounts to the CRA's or other 3rd parties - it is up to the customer who would need to give you clear permission, usually by way of signing an agreement or verbally agreeing.
I have asked for this agreement bearing any signature of mine, but you fail to acknowledge this request as we both know it does not exist as I never gave any such authority and therefore you are in direct breach of varying DPA (1998) principles let alone the breaches within your own regulatory framework, which will also be rigorously pursued. I know you state that your legal team say this is a deemed contract and therefore my using your service means a contract is deemed in place, but a contract of this nature is not allowed, by law, to breach the principles of the DPA especially the 6th principle – “personal data must be Processed in accordance with the “data subject’s” (the individual’s) rights”. Furthermore, by processing this data without my EXPRESS (not inferred or deemed) permission, and that the processing by you of the said data has affected my credit rating and my reputation and caused substantial distress to me in refuting this processing, you are also breaching the 1st principle – “personal data must be Processed fairly and lawfully”. Lastly, the data you have placed on the credit file shows a discrepancy between the figure you claimed I owed, the that which I actually did (stated 19/12/12 in a call with Rachel) which in turn breaches the 4th principle – “personal data must be Accurate and up to date”.
I therefore, again, send a copy of my previous letter, copied below, to your Chief Exec. Not only will it show him that you do not listen to your customers, but it will also enlighten him to your attitude towards the law and the way you process customer data.
This is truly the last chance for this matter to resolved without the input from outside bodies, and I expect this matter to be dealt with, satisfactorily, within 30 working days of this email. Should it not, my next course of action will be the national press, tv, regulatory bodies and lastly, the legal system.
Best Regards,
NAME REMOVED - Oscar
Cc: 'chris.jansen@britishgas.co.uk'; 'sara.richardson@britishgas.co.uk'; 'janette.pincott@britishgas.co.uk'; 'Lynda.Campbell@centrica.com'; 'phillip.bentley@britishgas.co.uk'
Subject: FAO: Rachel Snow - CC'd Philip Bentley, Chris Jansen, Sara Richardson, Janette Pincott, Lynda Campbell.
Dear British Gas,
Ref: *****
I, with reference to previous correspondence and conversations which are getting me nowhere, send this letter as my final attempt for resolution prior to my seeking clarity from the Energy Ombudsman, the Information Commissioner, and the legal system for your clear breaches of the Data Protection Act.
I clearly stated in my first letter what the problems were, I went into enough detail to afford you the opportunity to properly and fully investigate my claims. Following this investigation you told me clearly you had the right to put my data with the CRA’s, and I do not dispute this fact. What I do dispute however, is my repeated lack of acknowledgement let alone agreement to you being allowed to do this. I never ever gave my authority to share information and I have already put you to strict proof regards this - show me the agreement with my signature on it or the call where I clearly state I am authorising you to do so.
For the record, following further discussion with my legal adviser, it is not the position of OFGEM or Ombudsman to advise if you're eligible to post details of accounts to the CRA's or other 3rd parties - it is up to the customer who would need to give you clear permission, usually by way of signing an agreement or verbally agreeing.
I have asked for this agreement bearing any signature of mine, but you fail to acknowledge this request as we both know it does not exist as I never gave any such authority and therefore you are in direct breach of varying DPA (1998) principles let alone the breaches within your own regulatory framework, which will also be rigorously pursued. I know you state that your legal team say this is a deemed contract and therefore my using your service means a contract is deemed in place, but a contract of this nature is not allowed, by law, to breach the principles of the DPA especially the 6th principle – “personal data must be Processed in accordance with the “data subject’s” (the individual’s) rights”. Furthermore, by processing this data without my EXPRESS (not inferred or deemed) permission, and that the processing by you of the said data has affected my credit rating and my reputation and caused substantial distress to me in refuting this processing, you are also breaching the 1st principle – “personal data must be Processed fairly and lawfully”. Lastly, the data you have placed on the credit file shows a discrepancy between the figure you claimed I owed, the that which I actually did (stated 19/12/12 in a call with Rachel) which in turn breaches the 4th principle – “personal data must be Accurate and up to date”.
I therefore, again, send a copy of my previous letter, copied below, to your Chief Exec. Not only will it show him that you do not listen to your customers, but it will also enlighten him to your attitude towards the law and the way you process customer data.
This is truly the last chance for this matter to resolved without the input from outside bodies, and I expect this matter to be dealt with, satisfactorily, within 30 working days of this email. Should it not, my next course of action will be the national press, tv, regulatory bodies and lastly, the legal system.
Best Regards,
NAME REMOVED - Oscar
The call lasted around 35 minutes, and centered around her claiming that a "deemed contract" which is what I had, (she confirmed I had never signed, nor given direct verbal permission for my data to be shared) - was enough for them to report on the CRA regardless of my thoughts. I told her had I have known about the reporting I would have never been with BG. She said that was my prerogative, but even if I had known, the supply started with them, and there would have been a period of 4-6 weeks changeover where my deemed contract would have stood.
I am not, nor have never been a bad payer. British Gas are the only single red mark on my Credit file and I feel like I am banging my head against a brick wall trying to get this resolved.
Jodie is currently investigating as to whether I was given "fair opportunity to pay" before they made entries to my credit file, and that my DPA argument wouldn't ever hold up if it made it to court.
I think it is her trying to wriggle out and get me not to chase, so I told her fine, do whatever you need to do to get the details off of my credit file, and you can make yourself feel better by saying it wasn't the breaches of the DPA that made you remove them.
I am now awaiting a call back!
How do i proceed with this from here?!?!?!
(sorry for the essay!!)
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