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British gas default/letter

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Can you advise me what you htink of htis letter following a call to customer relations-this is in response to the email from the CEo asking me if I had resolved the problem:


Dear xxxx

Unfortunately not, I spoke to xxxxx in the Customer relations department who during one phone call at approx 3pm said he would 'phone experian to remove the default' and then the next phone call I received he said ' I have spoken to experian who said it's marked as 'satisfied'


That is clearly not asking Experiean to remove a default-but only confirming what I already knew. I requested that the default would be removed-that all references to it to be removed.


I was also told that I could get a 'mortgage lender to speak to xxxx xxxx' I was not aware that this is an official manner in which Mortgage advisors will go about issuing mortgages.


To my knowledge you have not now or ever had my express consent to share my data.The Information Commissioners Office regards the practice of registering defaults for a period of 6 years as one that serves legitimate business practice providing the registration was justified in the first place, and am at a loss to understand how you feel the continued processing of my data in this manner is justified for the amount of £57.00


This is a recent quote I had from Yorkshire Building Society regarding a mortgage:

‘The criteria is that there is no more than 1 default registered, the value to be no greater than £150 and they have to have been registered 36 months or more. I have spoken to our underwriters and they said we probably will not proceed with a mortgage on the basis that the British Gas one was only last year.’... This was not longer than 36 months so we would not be able to proceed with a mortgage for you.


This is the type of response I have got from all High street lenders regarding this default-and contrary to what your customer relations employee said:’oh it should’ne have any effect on your mortgage application, well it certainly does, going by the criteria of mortgage lenders.


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.


These rights are contained in section 13 of the Act.


If an individual has only suffered distress, compensation is not available unless the processing of the personal data is for the “special purposes” which means processing for artistic, literary or journalistic purposes.


(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.

If this default is not removed I will be claiming compensation:


Distress for trying to get a mortgage £400

Distress for trying to take out loans £400

Distress for renewing credit cards £400

Time spent investigating this matter 10 hours @ £10 per hour £100



I therefore request that you remove these defaults within 7 days from receipt of this letter or I shall be left with no alternative but to pursue their removal through court action

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