British Gas Late Payments affecting Mortgage!

[PINKFLUFF]

I was wondering if you knew of anything regarding this. I am a british Gas customer who did not realise that they put themselves on my credit file, until today! When I am searching to change my mortgage... they have given me late payments which are correct but I never knew they could do this as I have not signed any credit agreement with them.. is there anyway that I can fight this as I think this is terrible as they never made this clear to me at any time.

I signed up with british gas in June 2009 , which I never realised it was so long ago to be honest and it was over the phone, i have a feeling that a sales man came to the door, but un likely that I would of joined at the door etc, I just cannot believe they can do this without telling you - I have read it is in the terms and conditions but surely they have to state this clearly and visible , I feel so stupid but I think it is an underhanded way to go about this and surly somebody will fight this to why and how they can do this and not have to answer to the same rights as a credit agreement ...
i hope this is enough information, not sure if any of this will be possible, but thank you again for your help and advise.

I am so gutted it is untrue, I will give you some info about my situation basically I am a single mum, with a toddler and I work full time, I have a mortgage and car on finance, no credit cards from choice - every month I go into panic to make sure my credit agreements get paid so it doesn’t effect my credit rating etc - I have not looked on credit expert for probably a year which was slack of me now but I felt I had no need as I was paying everything on time, it is not till now when U have had a fantastic offer from my mortgage company if I swap mortgages I receive a lump sum, that I decided to start on the mortgage search thinking my score would be really good as it always has been – this is how I have now found out about the British Gas and it has completely screwed my credit, as the gas and electric was the one that I always left to the last and pushed the boat as other payments where more important or so I thought! I feel like kicking myself obviously if I would of known I would never of gone with British gas nor stayed! They have given me marks on both my gas and electric which is as follows:

[PINKFLUFF]

Re: British Gas Late Payments affecting Mortgage!

I spoke with british gas this morning to give them a reading so I can make moves to shut down my account, had a really nice guy and I brought up the fact that I wasn't aware re the credit log etc, he said he has worked for the company 2 and half years and it only moved to the weekly log on your credit file a year ago, which means my original verbal contract would not of signed up for this etc and ofgem are now wanting logs of anyone who was not aware of the change, he even stook his neck out and said a lot of customers where never told, not sure if this means that the pressure maybe on for them? I found out that I registered with them over the phone, I will email you the months also with my credit file.

Thanks

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

Ok, well we'll sort this for you as they have broken several of the DPA Principles - they know about this, as you say as the regulator IS investigating this and has been for some time now. However, notice I have not mentioned the late payment markers? This is deliberate - if you do they may think you're complaining cos of these, so at this stage you go for the jugular in order to get them on the incorrect processing, as things stand "officially" you don't actually know about the late payment markers (lol) - we'll go back if necessary, and argue this at a later point - lets see how they cope with a formal threat first of all.

Send this back to British Gas - see what that does. Best of luck.

------------------------------------------------------

Andy Eley - Head of Complaints
Complaints Management Team
British Gas
PO Box 4804
Worthing
BN11 9QU

Dear Mr Eley,

Ref: XXXXXXXX

I am writing regards to some erroneous entries that have suddenly appeared on my credit file, and wish to dispute them in totality.

I joined British Gas back in 2009 after a salesman visited me at home, however as I was unsure at the time I took the details and then telephoned shortly afterwards to switch from my current provider to British Gas. At no point was I informed that you were planning on sharing my personal data, similarly, I had never agreed to such either. Had you informed me of this 'little' fact then you'd never have got my business in the first place.

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.

If as a result of my s.10 Cease & Desist processing my personal data demand it means I can longer use British Gas, then fine - please write and confirm as much and I shall arrange the immediate transfer to another MOP.

I am also considering legal action against you, 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 or a signature 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. 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 cease processing my personal data, effective immediately, and also to remove all historical data from my credit files.

Further, I understand your regulator is 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 or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause 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.

Yours faithfully,



Sign Digitally Here

------------------------------------------------------

Whatever you do, do not sign in your real handwriting as they may try and copy/paste it! Send this special delivery to the address given at the top - just add your account number for both electric and gas.

Best of luck, keep us updated.....

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

In fact, send it via email here: ---> customercomplaints@britishgas.co.uk

Do it FAO Andy Eley (Head of Complaints)
Best of luck!

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

pps, I have in my time worked for an energy company (internal fraud) and MOP (as mentioned above) basically is the internal meaning for Meter Operating Provider - it kinda suggests you're in the know and may make them act quicker.....

[pompeyfaith]

Re: British Gas Late Payments affecting Mortgage!

however unfortunately you do not have a god-given right to do this - you need your customer to agree in advance.

Should there be a have in there niddy?

Good letter though is that another one of your specials?

Regards

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

Should there be a have in there niddy?

Good letter though is that another one of your specials?

Regards

Cheers mate, love having you proof-readers around!

I've dealt with BG several times before and forced them to remove a few entries using this style of template, but this was just typed up now, specific for Pinky!

I'll add it to the relevant section later, as a special to deal with BG and their incompetence

[pompeyfaith]

Re: British Gas Late Payments affecting Mortgage!

We are with British Gas and I made it clear to him that we should be on the essentials tariff due to my self and our mum in law who lives here are in receipt of DLA.

We was put on the standard tariff.

I believe that energy doorstep salesperson are being ruled out ?

[PINKFLUFF]

Re: British Gas Late Payments affecting Mortgage!

Really want to say this Forum is brilliant! and more people should join instead of worrying alone! im a very private person and ive bitten the bullet (as the saying goes lol) and so glad! thanks again for the support!!! (gosh feel like I am doing a cheesy commercial lol!) so grateful

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

Let's hope we get rid of that nasty default first eh?

Still got 3 more avenues so dint worry, it'll just take a bit of time but I'll cover that in morning - just look here tomorrow at some point as I'll update this with next steps

[PINKFLUFF]

Re: British Gas Late Payments affecting Mortgage!

p.s wanted to do the emotions like yours Mr cool lol to give my thanks more glamour! but cannot figure how for the life in me! lol

[PINKFLUFF]

Re: British Gas Late Payments affecting Mortgage!

Brill i will look tomorrow, even if it fails im still grateful to be able to try as i would of been punching in the dark and getting no where, so take the appreciation lol

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

p.s wanted to do the emotions like yours Mr cool lol to give my thanks more glamour! but cannot figure how for the life in me! lol

To add an avatar go to user control panel and upload one or use one of ours...

For smilies you need to be in full editor and also enable them - see user guides at top of forum index page

[PINKFLUFF]

Re: British Gas Late Payments affecting Mortgage!

[Never-In-Doubt]

Re: British Gas Late Payments affecting Mortgage!

Pinky - send the letter again, taking out the name that it is addressed to and instead send it FAO this person, and email it to the following address: chris.jansen@britishgas.co.uk