BT Default removal

[aceface]

Hi all,

 

I have checked my credit report and there is a BT default on there for 2011.

I had to get a phone line with them 2009/2010 from September to September as there wasn't a phone line already fitted.

From my memory once the year contract was up in September 2010

I changed my line over to Virgin who were providing my internet the whole time and I get to escape from BT.

 

It shows that I was being charged after September until January 2011 when it defaulted.

I have checked my credit report on and off over the years and never seen it there,

I have messaged Equifax to find out when it was added to my report.

 

I contacted them and CS told me that I had paid and closed account 18th Oct 2010.

I have requested they send me all account information, including bills and payments

and have been told they archive information after 2 years so it's not available.

 

 

Nobody seems in a rush to connect me with someone who can get this default removed so after some googling I see I can contact the CEO.

 

To say I'm angry with BT is an understatement, I hate the company like you wouldn't believe and they have sucked more time, money and have caused me untold stress over the years so I would like to ask for some help with writing this letter to the CEO.

 

Surely I should be able to request the info they have about me, so I can piece it together and if they can't provide this then they shouldn't be able to write something they can't prove about me on my credit file?

 

I am applying for a mortgage soon and this is pretty much my only black mark.

 

Thanks all

[dx100uk]

you can send them an sar and they MUST hold docs for 6yts+ .

 

 

but. if you can prove you were with Virmin

and you owed no money to BT after that

should be easy

 

 

dx

[aceface]

Update:

I emailed the CEO and

it was passed to somebody in his executive complaints team.

 

 

Took a week for him to get back to me after digging my account out of archive

and tell me exactly what I've told him about the final bill and payment dates.

Not giving me info on what that final bill was for etc..

I've asked them for all my account information, including the contract I agreed to at the time.

 

From what I've read on-line through other peoples complaints

BT didn't used to report to Equifax

I'm guessing the contract I agreed to didn't have anything in it about me agreeing to them sharing my information with Equifax.

 

 

I'm hoping they will just give me this info without me having to request a SAR but I will do depending on their reply to me.

 

This is what it says in the current terms and conditions:

 

By agreeing to take service from BT you also agree to allow us to share your payment history data with BT with credit reference agencies.

If we choose to do so we will share your personal data under contract and in accordance with the Data Protection Act 1998

with recognised and reputable credit reference agencies such as, for example, Experian and/or Equifax.

 

I'm guessing that this wasn't in the contract I would have had which is why it wasn't reported at the time or for quite some time after

- I am trying to find out when it was added to my credit report,

but nobody can seem to give me an answer.

 

 

I am also arguing that I am no longer in contract with them and they no longer have permission

that I may have given them in my contract that they can share my information to anybody.

 

Hoping to get this sorted with minimal fuss... but it's BT so doubt it..

[queensclose]

it worked for me with Eon.

but it depends if you left before they changed the terms and conditions.

 

 

they tried to get out of it by saying that an email had been sneakily sent.

and in the small print it stated a change in the terms and conditions

and giving notice to move to another supplier if i didn't agree.

the email they produced just looked like a flyer.

but it didnt matter cos i had switched before then anyway

 

Dear Mr xxxxxx

 

As reported to you, we are in the process of amending our Equifax report in relation to the 6 pts lodged on your record.

This will take up to 7 days to remove, but you have our assurance that this will be completed.

 

I trust that this move meets with your satisfaction, and apologise for any inconvenience caused .

 

Kind Regards

[aceface]

This has to be the biggest lesson on keeping better notes with problem companies, bills and payment dates etc.

 

 

I'm hoping that this executive complaints department know their stuff,

but the reply I've had seems so half.

 

 

It just says A final bill was produced for this account on 26/10/2010 for £73.05 The account was fully settled on 24/01/2011.

This isn't anything I don't know already...

but I don't think I would have got the bill October,

not paid it and then decided to pay it January,

 

 

I'd have either paid it or not.

I also believe what I was initially told that I'd closed and paid up 18th October,

which makes more sense with me closing my account in September.

 

I don't know I'm swinging in the dark because 1 week on they haven't provided me with any answers to my questions.

 

 

We'll see what the next reply is and then I'm getting on it, mostly out of outrage!

 

 

How did you find out when they changed the terms, and what terms you originally agreed to?

 

 

Thanks for your reply it gives me a little more hope!

[queensclose]

when i left Eon they was just bringing in data sharing. the email arrived while i was a customer but by 28 days notice to accept or leave. i had left. i didn't realise that the email contained this. when i complained they produced the email. but i explained i didn't agree to sharing data because i had left within the 28 days

i left Eon for a better deal

[aceface]

That's great, thanks! I look forward to hearing back from them, from what I've read about CEO emails things get sorted quite fast but I've not had a reply today. They have until Monday and then it's going off!

[aceface]

I'm getting nowhere with them so SAR it is..

. I am just waiting for my bank to send me a cheque book as I now have my BT account number.

 

The guy hasn't been helpful at all,

hasn't answered my questions and has ignored other things I've said.

I'm guessing this is because he doesn't have any further information but wont admit it.

 

What information do I want?

Bills, payments, acccount notes? Recorded calls? Contract?

Are these available?

Is there anything else I want?

 

I am also interested in something I read somewhere about no longer being in contract with them

so they no longer (if they ever did) have my permission to share my data with anybody.

 

 

Does anybody have any further info on this?

 

 

Because if I am in the wrong and should have paid this bill then this is the route I'm going down.

 

Thanks again all

[aceface]

I have used the standard SAR letter and will be sending it recorded Monday morning.

 

I have requested that they send ALL of my information and this SHOULD contain my contract right?

(I'm guessing it was a verbal agreement over the phone).

 

From my experience of working at another (shocking) telecoms place they don't keep hold of this information.

 

If I get it back and it doesn't have this included then I can send them a partial compliance letter?

 

I am holding out hope that they don't have my contract and it will be over and done with then, no contract no problem right?

 

I am actually pleased to be causing them work, time and energy because they've had enough of mine over the years!

[dx100uk]

theres nothing to say you cant use a postal order

 

their T&C's cover reporting to cra files

 

and the verbal contract as with all phone contracts is good enough

 

theres no need to use recorded

 

simply use the free proof of posting

you can request that when you get the PO at the counter

 

pop it in the envelope with the letter

 

hand in back over the counter

 

just bear-in-mind one thing

 

paying a debt with a default does NOT get the default removed

its there for 6yrs paid or not

if its correct.

 

dx

[aceface]

I got my cheque book today so that's all sorted.

 

Their current terms and conditions cover reporting to a CRA but they have ignored my repeated attempts to get information on what I agreed to and what the contract was as well.

 

Thanks for the tip on postage

[aceface]

Hi all,

 

They received my SAR the 18th but

 

sent me a letter saying they got it on the 20th,

 

I know it's only 2 days but the deadline falls over Christmas so it will make a difference to it getting sorted this year.

Plus it annoys me that they think they can just make it up.

 

They kindly sent me out bills for an old account (not in question) and the last 3 bills for the account I'm disputing,

which don't make sense to me, and are so high (no wonder they didn't get paid at the time)

 

Out of them 3 bills there is £60 in charges, for reconnection fees, late payment fees and get this £4.50 to pay any other way than direct debit.

 

Sighhh a month later and not any wiser.

 

I've been assured that 1 default on my file over 3 years old isn't likely to affect me getting a mortgage but now it's just the principle.

 

Can I take BT to court for charges? Looking at all these bills it comes to quite a bit of money..

[aceface]

Received my SAR and

 

I have to say my blood is boiling.

 

They have ignored the template I used for ALL information, and

 

this line in particular

 

This Subject access request includes - but is not limited to any data you hold about me in respect

of any matter and held in any form including;

statements, notes, screen notes, recordings, internal correspondence and external correspondence

 

. and what do I get back it's just customer service notes..

 

but get this, only from the last few months,

 

so they have charged me for and sent me notes of the emails we have been sending between us

and that's pretty much it other than a table to show what tariff I was on and when..

 

. So yes I will send the partial compliance template now and

 

I will email the executive complaints man who's been avoiding my questions for months and just hope I get 1 step further.

 

I am non the wiser than when I started..

[dx100uk]

might not be all of it?

 

 

the 40days are not up yet?

 

 

dx

[aceface]

Why is it not showing my replies?

 

Thanks

[aceface]

Thanks for your reply, the 40th day is the 28th so I doubt there is anything further they're going to send me.

 

This is my reply:

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 17/11/14.

 

 

The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide my contract and my terms and conditions.

2) You have failed to provide me with my customer service notes prior to 31/10/14.

3) You have provided no statements, a complete list of transactions and charges.

4) Copies of all calls made and received between myself and BT.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

[aceface]

their reply to me:

 

I’m sorry your request for information didn’t provide the information you had been looking for.

 

 

I appreciate your frustration with this matter.

 

 

I’ve provided details when your final bills were produced and when payment of these was received.

 

I’m unable to remove the defaults from your credit report as they have been applied correctly.

 

 

As you mentioned you would like to take your case to Ombudsman services

 

 

I will now provide our final position on your case.

 

 

You should expect to receive this in the next few days.

[aceface]

Where can I get legal advice on this? I feel like they really couldn't give a stuff and I am not going to let it go...