British gas to pay up!

[christmas48]

Long story short,

b.gas put a default on my credit file and took them two years to remove it

threatening letters for money owed when none of it was my fault.

 

Threatened to take them to court and they have admitted they were at fault.

 

They do not want to go to court and have asked me to list reasons and amounts for compensation by end of week.

 

How do I do this and how do I calculate it??

Was going for stress, inconvenience and damage to reputation and expenses.

 

Please help don't want them to get away with it and to show that you can take on a big company. Thanks

[rebel11]

Hi chris

 

Thats a good result, I've move your thread to 'Legal Issues'.

[dx100uk]

refused credit?

had loans at an inflated int rate?

 

typically its a £1000 per invalid entry too.

 

dx

[rebel11]

Hi chris

 

This is just an example, but remember this went to court, I'm not sure how much stress BG caused you.

 

http://www.thisismoney.co.uk/money/bills/article-1665465/British-Gas-boss-says-sorry-for-harrassment.html

[BankFodder]

The Data Protection Act allows you to claim damages to compensate you for any actual losses caused and also to compensate for distress suffered by you and your family.

 

You can start off by listing here a complete chronological account of everything that happened which led to the placing of the incorrect entries on your credit file

 

All the steps that you have been obliged to take in order to have the entries removed – including telephone calls, letters, e-mails and time spent.

 

Any damage which you have suffered as a result of the incorrect entry – including inability to get credit, having to pay extra for credit, anyway that you have been compromised by not being able to buy any items on credit such as electrical goods or property

 

Any instances you know of of this negative territory being communicated to other third parties

 

The effect that this problem has had on you in terms of worry, embarrassment, shame, discomfort – sleepless nights, family arguments etc

 

The effect that this problem has had upon any of your family members. If there are several family members and they have been affected in different ways in list out who they are and the ways in which they have been affected.

 

Have British Gas admitted their error in writing? Or merely by way of a telephone call? It is very important that you get the admission writing. If they have not admitted in writing then let us know immediately and we will tell you what to do.

 

I don't know what your attitude to British Gas is that I suggest that you take a very firm and no-nonsense attitude from now on. You can afford to be very tough on them and I think that you should start to do things according to your timetable and not theirs. For instance, it seems from your post that they have given you until the end of the week to come back with some answers. You are the person in control now. You lay down the timetables. Don't accept any nonsense from them. Be prepared to sue them at the drop of a hat – and frankly, I can warn you that unless you are prepared to settle for a very small amount of money indeed, you will have to sue them. British Gas can behave in a very bullying way. You can be certain that they will not want to make themselves fully accountable for their error. They will refuse to pay you what you ask. The only way to treat them will be to take them to court.

 

Don't worry though, the court action is very easy and of course, once you have issued the claim, you will suddenly find that British Gas become far more docile.

[christmas48]

Thanks bank fodder, did tell lady on phone wanted her to put conversation in writing which she agreed. Took notes whilst on phone. Just don't know how to value the list fit compensation do I just come up with any amount of us it individually worked out? That's what I'm stuck on

[BankFodder]

Do the list and we will help you with a valuation. First things first.

 

If you haven't had their the admission in writing, then don't count on fair treatment from them. She may well have agreed that they had made an error – but you can be certain that there are people behind the who would be unwilling to commit themselves to writing.

 

Of course you should record your calls and then you wouldn't have this kind of problem. However, since you haven't recorded your calls – you should write to them immediatelyand confirm the conversation that you had with them and they agreed on the telephone that they had made an error and as a result of the error they had now removed the entry and that they were asking you for a complete evaluation of everything you have suffered as a result of the negligence (put it in a kind of language). You should make sure that when ever you have a conversation with them on the telephone, that you confirm the conversation in writing. Frankly, you should be recording your calls.

 

Send them off the letter that I have just suggested to you. Even if they don't reply, at least you have put things on the record. Always put things on the record. Start doing the list I suggested and come back here

[christmas48]

Thank you bank fodder, she has said she will ring on fri aft and I will record the call. I understand the ball is in my court and they left till the last minute deadline after I sent letter before action. I will do some research in list this evening and let you know, I am prepared to fight all the way it's taken me 5 years to get to this stage so I'm in no rush! Many thanks for your help

[christmas48]

Bank fodder, have come up with a basic list that I have to edit and refine but I am showing you basically what I want to put.

Distress and inconvenience:

Embarrassment caused

Anxiety over long period of time

Dissappointment and loss of expectation

Time and effort spent

causing myself to take additional and unnecessary steps

Threatening letters received

 

Damage to reputation:

Default on credit file through no fault of mine

Unable to gain credit for 3 years plus

Third parties misinformed of myself

Huge impact caused to clean credit file

 

Expenses:

Phone calls

Postage

Fees paid to experian to monitor removal of default again 3 years plus

Time spent

 

I'm sure that there is improvements to be made and any help would be gratefully received,

Many thanks again

[BankFodder]

OK, these are reasonable heads of damage - although I notice some overlap and some duplication. Now you need to fill out each head with detail.

 

The expenses will be fairly easy

 

The distress will be more difficult. You will have to explain how you were embarrassed. How did the anxiety manifest itself. What was the expectation which you held and how is it that the expectation was frustrated.

Describe the threatening letters you received, their number and their effect on you.

I hope you have retained copies.

 

What credit was it that you were refuse and how did this compromise your legitimate plans for purchasing and reduce your quality of life over that period.

 

If come of this stuff is too sensitive to discuss on the forum then you can email me at our admin address

[BankFodder]

One thing that isn't wholly clear is how long has this all been going on. At one point you say 2 years. Elsewhere you say 5 years.

[christmas48]

Hi started in 2006 default removed in 2009 and have spent the last year trying to get an apology and response to this.

Have explained list and I know I have to tweak a few things but is sets out what I'm trying to say.

Damage to reputation caused by default on credit file which at the time this came to my attention when my daughter was diagnosed with a disability and had to have separate washing machine, special bed, flooring and clothing and I was unable to provide these things. At the time I worked for a finance company where as part of procedure they carried out random checks on employees, with fear of them finding this default I approached my manager and told him about it which caused me great embarrassment and the fear of having a mark against my name. This affected an otherwise 100% clean report.

 

Distress and inconvience was caused in the delay of b.gas handling this complaint led me to thinking that at any time because they thought I owed money a debt collector would turn up at the door or taken to court, this led to my anxiety levels going through the roof causing a anxiety and depressive condition I already had to worsen, this caused great disruption in family life and sleepless nights.

Dissapointment in the fact that every time I contacted b.gas I was told not to worry it would be sorted and that I didn't owe any money. This led me to take steps to resolve this matter myself as I was getting no response from b.gas despite phone calls, letters and emails.

 

Expenses as previously stated, I have all letters from day one and names and transcripts of phone calls,

[BankFodder]

can you tell me what month in 2006 it started – and what month in 2009 the entry was removed from your credit file?

 

Why have you taken so long to get to this point now?

[christmas48]

Started march 2006 default removed sept 2009. Took so long as I have been chasing them for an apology and an explanation to why this happened, did have one phone call offering me a goodwill gesture of £25 but would take 3 months to receive, waited and never received, only got a response when I sent letter before action. I only wanted an apology and wasn't gona give up till I got one.

[BankFodder]

well I don't understand why you have still allowed this to go on for two years – being led around by the nose by British Gas. It is not surprising that British Gas don't take you seriously because it seems to me that you haven't given them much reason to.

 

If you have got evidence of the fact that you are tempted to get credit for the items you have mentioned, and were refused then I would say that you are looking at well over £1000 in compensation. Mind you, you haven't actually explained why they made the mistake in the first place. Did you somehow contribute to the problem at the beginning?

 

I think now you should start expanding your list and putting a lot of detail in it. I have supplied you with the admin e-mail address above and again in this post – just follow the admin link. Let me have your detailed list if you want and I can give you some feedback on it.

 

It seems to me that you should be starting a legal action and that you should be reckoning to have the same issue within the next two or three weeks at the outset.

[BankFodder]

either way, have you complained to the Information Commissioner?

 

If not, then why not?

[bazaar]

Also a little addition, demand the full transcript of your conversation with them, you'll then see how sincere they are about this