British Gas Data Protection Issues

[chris1977]

Hi Dipply, nothing to report from the muppets I'm afraid. The main reason for my complaint, which is currently with the Energy Ombudsman, is actually the ridiculously large bills that they produced so perhaps the title of this thread is a little misleading. On the Data Protection Act front though, according to them they have until the 28th June to comply so I'm not likely to hear anything for a little while yet.

 

I took your advice though and contacted the Information Commissioners Office again, and have registered a formal complaint with them in writing. Will be interesting to get their formal stance on British Gas' current practises when they eventually respond!

 

I think we could argue that them asking us to provide dates and times of all calls is also questionable......

 

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

I guess it depends on their filing system. If it is structured in such a way that all calls to / from a customer are able to be located by reference to that customer (i.e. all calls are held on your "file"), then I would suggest that to request the date and time of each call before providing copies is very questionable indeed. Mind you, if the filing system is referenced by date and time only then it could be considered a reasonable request. Looking at the Q&A for organisations on the Information Commissioners Office's website:

 

Q: Do I have to disclose everything under the Data Protection Act? The Data Protection Act covers computer records and some manual records. Most computer records can easily be found about a particular person and should be disclosed removing any third party information. Manual records need to be in a relevant filing system. The files which form part of the relevant filing system are structured or referenced in such a way that information about the applicant can be easily located. Where manual files fall within the definition of a relevant filing system, the content will either be sub-divided, which allows the searcher to go straight to the correct category and retrieve the information requested without a manual search, or will be indexed to allow the searcher to go directly to a relevant page(s).

So, perhaps the Information Commissioners Office needs to get a grip of BG to stop the apparent delay tactics or make sure they update their filing system!! Either way, I think it might be reasonable grounds for a complaint....At least it'll make the muppets sit up and listen

 

Cheers

 

Chris

[chris1977]

Not sure if anyone's still following this thread, but just in case.....

 

Had the Energy Ombudsman's provisional conclusion the other day. This was quite a comprehensive letter but I've tried to summarise it in brief below:

 

The good stuff first

 

1. The Ombudsman agreed that, in failing to correctly address my correspondence despite numerous reminders from me, British Gas displayed a poor level of customer service

2. They could not understand on what authority BG changed the account to my wife's name when I moved out and decided to pursue her for the outstanding balances

3. They agreed that BG compounded the situation by repeatedly failing to produce accurate bills and

4. They agreed that BG appear to have failed in their obligation under the Billing Code to conduct at least one meter reading within 2 years

 

Now the bad stuff

 

5. The Ombudsman believed that I was aware that the quarterly bills were based on estimates as this was clearly annotated on each bill and they could find no evidence that I had attempted to provide meter readings (this is very annoying as I provided at least 2 readings during my 20 month tenancy, using their automated service, but neither of these appear to have been recorded!)

6. The Ombudsman believed that, in light of the fact that both gas and electricity accounts were opened and closed on actual meter readings (albeit retrospectively applied readings), the actual consumption is accurate and so did not uphold my request that both bills be re-calculated using reasonable estimates

 

Recommendations

 

7. With regards BG's repeated failure to correctly address correspondence (i.e the poor customer service referred to in 1. above), BG are to send a formal written apology and pay me the sum of £70 in compensation.

 

8. With regards the passing of the account to my estranged wife and continuing to pursue her for the outstanding balances, they recommended that I raise a complaint with the Information Commissioner's Office.

 

9. With regards the actual accounts, these are to be transferred back to me, in my sole name and all future correspondence addressed to me (at the correct address!)

 

10. With regards the outstanding balances for both Gas and Elec, in light of BG's failure to produce an accurate bill the Ombudsman recommends that BG apply the Energy Retail Code and write off any unbilled charges prior to 11 Jan 2007 (being 1 year prior to the production of the final final bills). - I had to get clarification from the investigating officer on this point, but basically what this means is that where I have underpaid any amount up to 11 Jan 07, the difference between what I paid and what I should have paid will be written off. I've done my calculations and this should reduce my £1400 bill by around 75%!!!

 

11. They have instructed BG to provide a detailed breakdown of all energy consumption, charges and payments to clearly show the outstanding balances and how these were arrived at.

 

12. They also recommended that a payment plan for the outstanding balances is to be set up, based on my ability to pay.

 

 

So....... now i just have to let them know whether or not i accept their provisional conclusion. Provided that both me and BG agree, the final conclusion should be exactly the same as the provisional conclusion. There is a posibility that BG will disagree with the recommendations but in order for the Ombudsman to review the conclusion, BG will have to provide new evidence.

 

All in all, I don't think this was a bad result really and hopefully the end is in sight as this has been going on since I moved out in February last year!! Just have to wait for the results of my ICO complaint now

[Tonka99]

Hi Chris

 

Still with you:) at least you have got some where and BG have to

listen to you and hopefully you can get rid of all this grief ,hats off

to you. Keep at them they will have to give in if you dont:p

looking forward to the next installment .

Maybe The Mail on Sunday

would help when I go in for the KILL I just need the next months

statements and then like for like year on year so far looking good

for me will keep you updated

 

Take care

Cheers

Tonka 99

[Dipply75]

Hi Chris, some good news at last - well done!!! :D:D

 

I understand being miffed that the readings you provided 'vanished' but if they have now been told to provide accurate breakdowns you can check it all over (accurate - pmsl).

 

Sounds like a good result, am chuffed for you - I also feel a bit more positive about the omudsman now. I have my fingers crossed!

 

Let us know what BG say about all this!

[chris1977]

Looks like I spoke too soon with this one. Chased the Ombudsman today only to find out that BG disputed the provisional conclusion about 6 weeks ago and have, apparently, provided "new evidence"!!!

 

Case has now gone back to the Ombudsman for the final decision, which may take at least another 6 weeks!

 

Arghhhhh!!!