Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

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  1. #1
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    Default British Gas - default on file but no default notice received

    Can anybody suggest what I should do? I moved to British Gas last summer for about 6 weeks (after a very hard sell on my doorstep) but then realised I had made a mistake and moved back to my original supplier. I then got a bill some months later for £77, which included a ridiculous amount of around £50 as a penalty fee for ending my supply with them. As I was never told I would be charged if I switched back, I decided not to pay the fee - I did ring them but couldn't get anywhere, nobody seemed to know what I was talking about and ringbacks never materialised. I had 2 more reminders but have had NO further correspondence from them since January.

    However, today I got my Experian file and there is a Default entry made by British Gas for 08/06/07. I have received nothing in the post referring to this default. So basically, my question is this, (even though from what I have read from other posts, they don't appear to be regulated by the CCA) can they default me without letting me know? I am prepared to pay this now, just to get it out of the way, unfair charge or not but surely they should have informed me that they were going to register a default?

    Any advice will be great, thanks!

    Similar Threads:

  2. #2
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    Default Re: British Gas - default on file but no default notice received

    Does anybody know what the correct procedure is that should be followed by British Gas?


  3. #3
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    Default Re: British Gas - default on file but no default notice received

    Send them a S.A.R. for all records regarding your account. Tell them you're particularly interested in any document bearing your signatureicon which states you agreed to this penalty fee if you switched suppliers within a certain time period. If they do present this, and it was the document you signed at your door, enter a complaint about their sales agent if he/she didn't mention this or give you time to read what you signed. If what you signed does state this, and you were given a copy, then I'm afraid you're stuffed as you have 12 days to cancel a change of supplier request from the date of signing (i.e., plenty of time to read the contract and cancel it if you don't like it). If you weren't given a copy, or you were and it doesn't mention the fee, a good complaint to Energywatch about their sales agent's selling tactics and withholding terms and conditionsicon should do the trick!










    *please click my scales if I've been helpful*


  4. #4
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    Default Re: British Gas - default on file but no default notice received

    I had 2 defaults removed by them last year http://www.consumeractiongroup.co.uk...+v+british+gas


  5. #5
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    Default Re: British Gas - default on file but no default notice received

    Thanks mree and gizmo. I have just dug out the contract I signed - so far, it looks as though there is no mention at all of a penalty charge. Also, there are lots of procedures which come under the heading 'our committment to you' eg providing me with a list of tariffs when I signed the contract - very few of these pledges were carried out.

    Concerning the default entry, I believe there are a number of inconsistencies which I shall look over today and will post again later tonight.


  6. #6
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    Default Re: British Gas - default on file but no default notice received

    Well, I have scoured the contract I signed plus all the other documentation they gave and at NO point is there any mention of a cancellation charge. Indeed, there is a bit about what to do if you want to change over to another supplier after the inital cooling off period - again no mention of a charge. The last bill I had was just after I switched to another supplier. But I cannot really concile the info on my Experian file with the timelines of my taking up the supply with them and it being cancelled. BTW just noticed the cancellation charge was actually £30 not £50 as I previously estimated, but still a lot when the total is only £77. If I take this charge away, then I only owe £47 - seems rather unfair that this is going to stop me getting any credit for the next 6 yearsicon, ESPECIALLY when I had no prior notice they were going to default me.

    Detail of account vs info on Experian file are as follows:

    Contract with British Gas signed 21/06/06
    Supply started 12/08/06
    Final bill from period 12/08/06 - 01/10/06 of £77.63 (including the mysterious Cancellation Fee of £30.00)

    Telephoned BG on 20/11/06 asking why I had been charged for cancellation. Given no clear response, promised a callback.
    Telephoned BG again around 30/11/06. Still no explanation - given another telephone no to ring but was told it was the wrong dept. Advised to write.

    05/12/06 - Wrote to BG disputing the final bill re: Cancellation Fee. No reply from BG except from a sales call that month asking if I was happy with my gas supply (!?!?!?) although now with another supplier for over 2 months.

    January 2007 - letter dated 29/12/07 from Central Recoveries asking for full payment. Telephoned Central Recoveries explaining I disputed the amount and would not be making payment until this was resolved.

    No further correspondence from either BG or CR.

    May 2007 - Experian file received - no entry anywhere by British Gas

    September 2007 - Experian file received, entry as follows:

    British Gas - Public Utility
    Started 31/10/06 Default £77 Defaulted 08/06/07 Current Balance £77
    Status History 8
    File updated for the period to 22/07/07

    Apart from all the obvious questions concerning this debacle, how can they possibly add this entry with a status 8 default, when 4 months earlier there was nothing, and they haven't issued a default notice. The whole thing has got me really fed up - I recently applied for credit and was turned down, now I can see why.

    My ultimate aim is to:

    a) get the amount reduced by £30 to £47 which I am willing to pay, then
    b) get this default removed as I believe it was incorrectly executed
    c) make some kind of complaint to a 3rd party as I cannot believe this incompetence

    Sorry for the long post, but in light of my additional info, can any of you very knowledgeable people suggest specific steps of action and in which order


  7. #7
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    Default Re: British Gas - default on file but no default notice received

    To get the default removed write to Ian T white, his no is 020 87324 8000 and fax is 020 87324 8920


  8. #8
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    Default Re: British Gas - default on file but no default notice received

    Hi Gizmo,

    Thanks for the info - I have read your thread and well done! It gives me some hope. As I am not very assertive on the telephone, do you think it would be better for me to write? If so, is this the correspondence address you used:

    Minder Correspondence
    British Gas
    PO BOX 59
    Hyde
    SK14 3QU


    Also, do I need to pay the amount before I ask for the default to be removed? Or should they do that anyhow, as it wasn't properly executed?


  9. #9
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    Default Re: British Gas - default on file but no default notice received

    I would fax the letter for the direct attention of Ian White. If you don't have access to fax I will dig out the address for you.


  10. #10
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    Default Re: British Gas - default on file but no default notice received

    No, unfortunately I don't have access to a fax machine so if you can find the correspondence address, that would be great!


  11. #11
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    Default Re: British Gas - default on file but no default notice received

    Ian AT White
    Privacy Unit
    British Gas Data Protection
    3 The Square
    Stockley Park
    Uxbridge
    Middlesex
    UB11 1BN


  12. #12
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    Default Re: British Gas - default on file but no default notice received

    Thanks, that's great. In the letter, would you mention all the stuff about the cancellation charge etc or just stick to the fact that I was defaulted with no prior warning? I noticed in your thread that you mentioned the fact that they shouldn't have processed your data - do you think that would be relevant in my case?


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    Default Re: British Gas - default on file but no default notice received

    I would put in as much info as you have, and any copies of agreements etc.
    Ian White is quite a senior member of BG and very approachable, his secretary is very protective of him, but he acts fast, when in possesion of all the facts, unlike the rest of BG.

    Keep us updated


  14. #14
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    Default Re: British Gas - default on file but no default notice received

    Hi Gizmo - thanks so much for all that info. I shall get a letter drafted in the next couple of days and will post when I get a response.

    Your advice is very much appreciated - I never know where to start with these companies, especially after all the fobbing off. Sometimes I think there is a special black hole into which all my correspondence disappears as I never seem to get many responses


  15. #15
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    Default Re: British Gas - default on file but no default notice received

    HI
    I'm having the same problem I received a letter from Central Recoveries Dated on the 2nd june 2007 asking me to make a full payment before on the 16th of the same month or else legal action will be taking against me,3 days later I made a full payment to British Gas.

    However to my surprise British Gas as defaulted the account in April of the same year,I tried all my best to call this Central Recoveries, the Lady behinde the phone was very rude to me, she was even saying I still have an outstanding balance of £155 I tried to explain to her she doesn't even wanted to listen.

    After several phone callsicon I finally speak to a lady in Data protection Department ( Raphael Conyard ) she was very polite on the phone she gave me her address and contact telephone number and promise she will look into the case and get back to me as soon as possible.

    My question now is do I need to write her any letter, or I should just wait untill she get back to me.

    contact details is
    Raphael Conyard
    British Gas
    Lakeside west
    30 The causeway staines
    TW18 3BY
    Tel:01784878905


  16. #16
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    Default Re: British Gas - default on file but no default notice received

    Wow!!
    What a surprise after just speaking to Raphael Conyard of British Gas yesterday, the Default notice was removed withing 24hours.


  17. #17
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    Default Re: British Gas - default on file but no default notice received

    Gosh, that was quick - I'm really pleased for you, well done! I have to admit, I haven't done anymore about my case so far as I have so much else going on at the moment, it needs a bit of time I just can't spare. Will try and get it sorted soon though. Problem is, I haven't actually settled the outstanding amount as all previous letters to them were ignored. Gizmo (see above) gave me some good contact advice too, as soon as I am free, I shall try and get it all done.
    Congrats again


  18. #18
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    Default Re: British Gas - default on file but no default notice received

    Guys,

    Sorry to hijack the thread,

    I just discovered today that they defaulted me 2 years ago. They claim that I didn't provide them with a forwarding address when I moved out of my old place.

    I categorically remember providing this info when I called them with the final meter reading.

    Long and short is that they apparently billed me for £137 to my old address. I never got the bill so didn't pay it and have now ended up with a default. The strange thing is tho that my mail was also forwarded from my old house to the new one and I genuinely don't think I recieved a bill from them. If I had I'd have paid it.

    They also said they are waiting for a date from court. I really can't believe this has been happening and I was totally unaware. I still would be if I hadn't checked my credit file.

    It's soo unfair, this is the only negative thing on my credit file and it really isn't my fault. Why should I have to suffer because of their mistake?

    I'm writing a letter to them now, who do you think it would be best to send it to as I need them to send out the bill to this address like they should have done in the first place so I can get the damn thing paid and also ask for default removal at the same time.

    Cheers

    Darren



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