British Gas - Default - Can They Do This?

**Amy** · 14 August 2008 at 2:13PM

Hi All

Just when i thought I had sorted out a default on my file from British Gas I get told a different story.

I found a default on my file from December 2005 from British Gas for £130. I phoned them up and asked when this was for. They said it was the period October 2004 - May 2005.

I had moved out of this property in September 2004, so i sent a letter to them explaining this and attaching a copy of my tenancy agreed for my new property and asking for the default to be removed.

That was nearly 4 weeks ago.

I phoned up today and get told they havent received a letter.

I also get told that the account was from June 2004 (when i moved into the property) until May 2005. So in their eyes i owe money. Not the whole £130 but at least £50.

I cant remember if i made payments to them, but i would find it hard to think that I didnt make any during 4 months of living there.

She asked me if i remembered the reading when i left (yes after 4 years i have forgotten... tut tut me! :rolleyes: ) but I told her that I moved to my new flat and immediately told British Gas I had moved as I had them in my new place and If they wanted to get in contact with me they only had to phone my mobile (which hasnt been changed for 6 years) or send a letter to my new address.

She has now said that they cannot remove the default but they will mark the account as settled (with a payment of £50 from me). Is thsi right? The default states £130, but i dont owe them that. Should they remove the default?

Im so angry now and ready to cry.

CLAPTON · 14 August 2008 at 2:21PM

Write again and by recorded delivery explaining the situation and emphasising that you owe then no money.
you want a detailed statement of account for the period of your occupancy and the details of the alleged debt.
Ask them to remove the default as you never received a default notice and the while the matter is under dispute.

**Amy** · 14 August 2008 at 2:23PM

Thanks Clapton.

Will draft a letter now.

x

fermi · 14 August 2008 at 2:30PM

Remind them that they have a duty under the Data Protection Act 1998 to ensure that any data recorded on your credit reference files is truthful and accurate.

This name/address from another recent thread may be useful.

(AGB863 is a professional debt advisor)

AGB863 wrote: »

I recently got these contact details from the Energy Ombudsman to make a formal complaint to B-Gas and I had a response within 48 hours.

Angela Mancini
Head of Complaints
British Gas
PO Box 1577
Southampton
SO18 9EX

Hope it is of use.

**Amy** · 14 August 2008 at 2:36PM

Thank you Fermi

Think i will send a copy of the letter to that address as well.

xx

**Amy** · 14 August 2008 at 2:37PM

Does this sound ok? Should i take a lot of it out and just stick to fact?

I write with reference to the above account and an outstanding amount of £130.59.

I telephoned someone from your office on 18th July 2008 who informed me that the amount due on the account was from October 2004 to May 2005. I told the lady that I moved out of the above property on 27th September 2004, therefore the amount owing and the associated default were not to do with me. She said that if I wrote a letter explaining this and sent a copy of the tenancy agreement for the new property (which is where I am still residing) that the default would be removed. I wrote the letter and sent it off on Monday 21st July 2008.

Having not heard anything from you I telephoned your office on Thursday 14th August 2008 and spoke to someone called Naz. She seemed to believe that the amount owing on the account was from June 2004 – May 2005. I explained that I was told previously it was October 2004 – May 2005 and that I do not believe I owe British Gas any money for this account. Naz was fairly insistent that I did owe money on the account and even asked me if I could remember the last meter reading (from 4 years ago!). I asked for the default for £130.59 to be removed from my credit file but was told that this could not happen but that it would be marked as “satisfied” if I paid £50.00. I do not believe that I am liable to pay anything towards this account.

I would be grateful if you could send me a detailed statement of account for the period of my occupancy and the full details of the alleged debt.

I also ask you to remove the default from my credit file whilst this matter is in dispute and as I have also never received a Default Notice in relation to the alleged debt.

Thanks

x

worried_user · 14 August 2008 at 2:43PM

I had problems with British Gas when I moved even though I am still with them at my new property after they said I'd made a final payment when I moved. I spent ages trying to explain that I was still as customer and so they should have been able to contact me before it got to default stage. they were trying to charge me for the new tennants bill as well. All I can say is persevere with them, they were ridiculously slow and failed miserably at passing information between departments but they did eventually sort the problem out. If you stayed with them they will have a record of when you changed to your new address so they just need to dig it out, they eventually found that for me and then were very apologetic. Also did you pay by direct debit? If so you can request a copy of your bank statements or even just call your bank and ask them if they can take a look to see if any payments were made in that time. I rang my bank who confirmed all my payments and once they were aware of this (I offered to get bank statement copies but they didn't require them) they should soon get their !!!!!! in gear.

olly300 · 14 August 2008 at 2:52PM

The best board to post this is on the utilities board.

As you have already written to British Gas and they have claimed they haven't received your letter which you sent over 4 weeks ago, your next port of call is to contact Energywatch for advice to sort out the amount you owe.

http://www.energywatch.org.uk/help_and_advice/how_we_can_help/make_a_complaint/index.asp

Getting the default removed off your credit records is a separate issue and can be done by making a Data Subject Access Request under the Data Protection Act 1998. You need to send a record delivery letter to the Data Controller of British Gas asking for all the information they hold on you. The maximum fee for this is £10 and I suggest you include a cheque with your letter to speed things up. Put the cheque number in the letter so they can't claim they have lost it.* I also suggest you list as many previous addresses you have had as possible so you can be identified. Once you get the records or alternatively British Gas may contact you to see what exactly you are after as it's cheaper than printing everything out, you can ask them to change the default on your file.

More information here:
http://www.ico.gov.uk/what_we_cover/data_protection/your_rights.aspx

British Gas Data controller address is here:
British Gas Trading Limited
MILLSTREAM
MAIDENHEAD ROAD
WINDSOR
BERKSHIRE
SL4 5GD

If British Gas don't respond to your letter within 40 days you can make a complaint to the Information Commissioner. To make a complaint you need to be able to prove there is no way they wouldn't have been able to get the letter which is why you need to send it by recorded delivery.

*Most companies don't actually cash the cheque.

**Amy** · 14 August 2008 at 3:06PM

Thank you Olly that is really really helpful.

I will definitely do that tomorrow (my boss is on holiday so will have more time to sort it out).

Thank you again

Amy

walshy.walsh · 17 January 2011 at 9:52AM

queried a default from 2005 also with british gas last week that appeared on my file about a month ago?? i had no recollection of ever even using british gas i queried it via experian, and had an email this morning saying that it has now been removed from my file. RESULT. now have a tottally clean report. i think this has resulted in me being refused a couple of cards in the last month though.:(

Experian_company_representative · 17 January 2011 at 4:36PM

I don't think untilities are covered by the Consumer Credit Act, so companies like BG don't need to issue a Default Notice. However, they should certainly notify you of their intent to file a default on your credit report. If you didn't receive any notification then you have a good case I think.

James Jones

British Gas - Default - Can They Do This?

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free