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Daver75

Need help with a default on my credit file by British Gas

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I left an address in 2010 and disputed an amount that BG claimed was owed. Long story short is that I requested evidence demonstrating what they believed in the form of a breakdown of payments I had made and any balances they believed were subsequently owing. All they could provide was a bill, and given their past history of issuing incorrect bills, I insisted on the evidence in the form of a breakdown. They never provided this.

 

 

7 years later I have only just started to look at me credit report for the purpose of a mortgage application which was declined. I contacted Experian who informed me that there were BG accounts on there, but I couldn't see these because they were over 6 years ago. Thanks to some advice I was able to pull the address concerned forward as if I had lived there within the last 6 years, and there were the accounts concerned.

 

 

The amounts had been on there since 2010 (8 years ago), but they have only just closed the account in November 2017 as defaulted and will now remain for 6 years, even though it was 8 years ago.

 

 

On top of this I have had no communication from BG over this for years and years until November 2017 when a letter was sent to a subsequent address which I moved out of in October 2017, even though BG had my current address!

 

 

From what I have read the account should have been defaulted within 3 - 6 months of the amount being unpaid. If the default doesn't comply with the 3 - 6 months arrears rule then it should be removed. Is this correct?? Any help please?

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You are correct. Any company has to issue default in a timely fashion typically within 3 months. They can't wait years before applying any default,

 

It might depend on how you were paying. Monthly, quartely. The terms of your BG account should state when BG would apply a default in regard to non payment.

 

Suggest a complaint letter to BG head office by standard recorded delivery addressed to Head of Compliance/Data Protection Officer. Make a complaint under the Data Protection Act that BG have reported a default more than 6 years after the default occurred and as a consequence you have been turned down for a mortgage. If you want to add more meat to the bones of a Data Protection complaint contact the ICO and I am sure they will point you to relevant parts of the DPA to include in your complaint to BG.


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I Have appealed against this default and the fact it wasn't applied in a timely fashion of 3 - 6 months.

 

I have just received a phone call from British Gas after they have investigated it and they are saying that the debt has remained unpaid and they have reviewed it each year and added a new default date each year! This means it will be there forever unless I pay the amount.

 

I have also made the point to them that I disputed the amount at the time (2009/10) and asked them to demonstrate the amounts owing and not just send a bill with an amount on. They never did this and proceeded with debt recovery action.

However, I haven't heard anything for years.

 

I asked how they could keep applying a new default date without informing me and they claim they only needed to inform me the first time and not on subsequent occasions.

 

The amount isn't the issue and I would pay if I knew it meant that this default would be removed.

 

I have just checked my credit report and there is only one default date showing (8) in Nov 2017. The 6 years previous to this show 6, which is 6 months or more behind, there are no other 8's recorded. Surely if this was being applied annually then this would be shown on the report as an 8 once a year?

 

Are British Gas within their rights to do this and how can I appeal against this?

Thanks

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once a default raised on file it goes after 6 years, and cannot be reintroduced as already been defaulted once. contact the ICO and make a complaint:-

 

https://ico.org.uk/concerns/

If you have a concern about an organisation's information rights practices, report it to us. Need help? Start a live chat or call our helpline on 0303 123 1113


:mad2::-x:jaw::sad:

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Thanks for your reply.

British Gas didn’t apply the default until nov 2017, but I believe that it should have been applied in 2010, 6 months after the arrears were incurred. This is in line with the principles governing the recording of arrears and defaults on credit reports.

 

So technically they aren’t adding a second default. However on the phone they have claimed that they have reviewed it annually and added a default each time, but my credit report only shows the one. So according to my report and the phone call today, they are making it up! I will try the live chat tomorrow so thanks

Edited by Andyorch
Paras

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talk to ICOOOOO


:mad2::-x:jaw::sad:

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I have spoken to the ICO but must first get the written formal response form BG.

 

 

What I have now realised is that I could never see the account on the Experian report because they ask for your last 6 years addresses, and the address this relates to was over 6 years when I joined Experian back in 2017.

 

Because of this I was unable to see all the data that is now destroying my good credit!

 

Is this grounds for a dispute?

 

I complied with the Experian registration process, my data was being used against me, and I couldn't view it.

 

Only when I technically did not tell the truth and made it look like I had lived there within the last 6 years did I then see it.yes

 

I have also emailed the CEO of BG with details of how I believe they are operating outside some of the FCA guidelines etc, but I'm not really too hopeful

Edited by dx100uk
Spacing

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