Advice Please - British Gas Default

lukevilla86 · 4 December 2009 at 2:50PM

Hi, I'll try and be as brief as possible in explaining this story and any help would be really appreciated.

I recently obtained a copy of my credit report from experian and noticed that I had a Default for £540 against my file, dated 01/08/2008.

Its from British Gas and it is refering to a property I lived in with 2 other friends while I was a student (between 01/07/2006 - 30/06/2007).

I was under the impression that the bills were settled and I'm fairly sure I paid my share, however we weren't the most organised in this place and my flatmates can't remember.

I want to get the default removed and I hoped I could do it in one of two ways:

1.I have never received a default notice, so if British Gas can't provide me with a copy of the final bill which they can prove was unpaid and they can't provide me with the default notice then I can get this removed as unsubstantiated (is this true?).

2.If British Gas can provide me with the bill and default notice then I can make some sort of arrangement with them that as I feel this is an error on a friends part, and as they never telephoned me about this its unethical that the default should be levvied against me. Therefore I will agree to find my flat mates, pay the bill, but only if they remove the default (worth a try?)

After a google search, I found the following letter template which I adapted and sent to them. I hope this letter fits my situation...

Dear Sir or Madam,

Ref: Utilities at <<address>>

After recently obtaining a copy of my credit report from Experian, I was concerned to note that your company had placed a “default” against my name (dated 01/08/2008, Value £540).
This default is relating to an address I lived at while studying at University (5 Harold Mount). I am a little confused as the account should have been in 3 names not just mine. After speaking with my flatmates, neither of them was aware of an outstanding debt and I know that I certainly settled ‘my share’. I therefore find this a little unfair that you should apply a default against my name without contacting me first.

With this in mind I require you to substantiate the following at your earliest convenience:
You must supply me with a true copy of the alleged agreement you refer to. This includes you providing me with a final bill for the value of £540 which you claim has not been settled. I enclose a £2 postal order to cover any statutory fess relating to this.

You must supply me with a signed true and certified copy of the original default notice.

Any deed of assignment if the debt was sold on.

I would request that this data is provided to myself within the next 12 working days. This is your duty under the Consumer Credit Act 1974. If you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully,

I have had no response from BG and the timescale has elapsed. Was I correct to send this letter and if so what shall I do next????

Thanks in advance, Luke

lukevilla86 · 6 December 2009 at 10:53AM

Hi, can anyone help me with the above. I'm really desperate sorry!

shehasredhair · 7 December 2009 at 12:02PM

I would escalate this to the CEo's office-maybe write to sam laidlaw at centrica regarding this

never-in-doubt · 8 December 2009 at 1:17AM

lukevilla86 wrote: »

Hi, can anyone help me with the above. I'm really desperate sorry!

They do not conform to the CCA so why did you send that letter?

The letter i'd have sent would be as follows:

Dear British Gas,

Ref: XXXXXXXX

I write with reference to previous communication regarding an unlawful 'Default Notice' registered against me, by British Gas.

As previously explained, the account is relating to an address I lived at while studying at University (5 Harold Mount). I am a little confused as the account should have been in 3 names not just mine. After speaking with my flatmates, neither of them was aware of an outstanding debt and I know that I certainly settled ‘my share’. I therefore find this a little unfair that you should apply a default against my name without contacting me first, to afford me the privilege of speaking to the old flatmates.

As such, I do feel you have acted very impromptu and kindly request that you consider immediate removal of the default notice; that should never have been placed against me. I also feel that as a gesture of goodwill, due to the fact this has been libellous against me for over a year and was wrong in every sense, even as far as liability of alleged debt, you should make a suitable offer of recompense for my troubles.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states:
"putting pressure on debtors or third parties is considered to be oppressive. This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute"
As a result of all the above, I feel it would be in both our interests for you simply remove the default forthwith, make me a suitable offfer of compensation and respond with your appropriate apology.

I should be looking to report this matter to the relevant authorities, however I am more than happy to give you one last change to sort things out, so to save us both the time and hassle of litigation, I confirm I am more than happy to leave things as they are so long as you can agree to, and ensure that, the following actions will be carried out;
The Default Notice will be removed

The Status of the account will change from “Defaulted” to “Settled”

The Current Balance will appear as £0.00

The Default / Delinquent Balance will be set to £0.00

There will be no date in the “Defaulted Date” field (as it will be removed)

There will be no date in the “Date Last Delinquent” field on the report

This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount of compensation you are prepared to offer and I will respond by return. In any case, the default should be removed immediately, without delay.

I look forward to your response.

Yours faithfully,

Sign digitally

ifu05596 · 8 January 2010 at 9:42PM

Hi how did you get on in the end? I am in exactly the same position at the moment. They have admitted I was billed in error and promised to remove this from my credit file by next Wednesday (48hrs from Monday) but wouldn't confirm this in writing/e-mail to me so slightly dubious.

never-in-doubt · 9 January 2010 at 8:09AM

ifu05596 wrote: »

Hi how did you get on in the end? I am in exactly the same position at the moment. They have admitted I was billed in error and promised to remove this from my credit file by next Wednesday (48hrs from Monday) but wouldn't confirm this in writing/e-mail to me so slightly dubious.

Hi

See my letter in above post - send something similar (just edit slightly) ^^^^^^

Premier_2 · 9 January 2010 at 1:27PM

lukevilla86 wrote: »

...I was under the impression that the bills were settled and I'm fairly sure I paid my share, ...

never-in-doubt wrote: »

"...After speaking with my flatmates, neither of them was aware of an outstanding debt and I know that I certainly settled ‘my share’..."

Unfortunately, when you are named on a bill, you are liable for the whole bill.

If you are one of several names, you are "jointly and severally liable". That means the creditor can pursue you for the whole bill, not just "your share".

never-in-doubt · 9 January 2010 at 2:46PM

Premier wrote: »

Unfortunately, when you are named on a bill, you are liable for the whole bill.

If you are one of several names, you are "jointly and severally liable". That means the creditor can pursue you for the whole bill, not just "your share".

Why are you quoting me? I never said that!

But actually, in this respect you'd be quite mistaken - that an agreement for the utility service would be signed and therefore joint and severally liable does not come into play. Not unless a multi-tenant agreement was signed?

If, for instance, the gas is supplied all the time and billed to the landlord/agent then the tenant is out the loop and not responsible - period.

If it is a shred house with separate locked bedrooms and a shared kitchen/lounge which had gas supplied at the time of tenancy then only the last names is liable.

If the flat is shared and one member of the flatmates spoke to and agreed installation with british gas then they are solely liable.

I'd take them to court if they tried to make me pay for gas that someone else was liable for, i.e. who signed the agreement?

A SAR to BG wouldn't go amiss here.

Premier_2 · 9 January 2010 at 3:36PM

never-in-doubt wrote: »

Why are you quoting me? I never said that!...

It's within the text of the letter you suggested writing

(Hence why I put it in speech marks)

never-in-doubt wrote: »

But actually, in this respect you'd be quite mistaken ...

I think you'll find I'm not. (as far as utility bills are concerned)

All those named on a bill are "jointly & severally" liable.

There's no need to sign anything. As soon as gas/electric is used a deemed contract may be created.

never-in-doubt · 9 January 2010 at 4:46PM

Premier wrote: »

It's within the text of the letter you suggested writing
(Hence why I put it in speech marks)

I think you'll find I'm not. (as far as utility bills are concerned)

All those named on a bill are "jointly & severally" liable.

There's no need to sign anything. As soon as gas/electric is used a deemed contract may be created.

Sorry just spotted that in the letter - that was done for someone else and as a result the default was removed etc anyway so it is right and does in fact work lol.

All those on a bill may be jointly liable, I never disputed that - I said that unless a multi tenancy agreement was signed this would not be the case, i.e. i'm going on the fact one name is on the bill and not that of the OP - sorry for confusion.

Premier_2 · 9 January 2010 at 5:26PM

never-in-doubt wrote: »

..., i.e. i'm going on the fact one name is on the bill and not that of the OP - sorry for confusion.

What makes you think that is the case?

The OP has received a default, then the OP must have been named on the account with BG.

In fact the OP states the opposite to your supposition in his draft of the letter

lukevilla86 wrote:

"...I am a little confused as the account should have been in 3 names not just mine..."

Advice Please - British Gas Default

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