can someone help re default from british gas please?

brians_daughter

Hi, I have been directed to this board in the hope someone here can help

I will try to give as much info as possible whilst trying to keep to the point!

In Dec 2007 i moved house, i informed all utility companies etc.

In oct/nov 2008 i got a letter from a DCA AT MY NEW ADDRESS re an outstanding amount of £700 from BG re my old property. I called them and said if i did owe meney it certianly wasnt 700!! They said they were employed to recover the money - not enter into negotiation or discuss incorrect bills etc.

I requested that the debt was passed back to BG and i would take the matter up with them.

A few weeks later end of Dec I got a letter stating the debt had been passed back to BG as they were unable to recover the amount. I thought - great they have passed it back cause i asked them too and i can get all this sorted!!

Now, i left it at that as i was 39 weeks pregnant and assummed -foolishly i know- that BG would contact me re this.

I have checked my credit file recently (as i have been offered a new job to start in may that requires me to have a credit check done, offer of job is dependant upon check 14 days prior to me starting the role) and a default for utilities was placed on my file on 14th December 2008 from BG

Surely they cant do this?

I didnt get a notice of default etc, as i would of called straight away.

As i say, i asked the debt be passed back, and 3 weeks or so later i got a letter to say it had been passed back but the default had already been place on my account by then looking at the dates?

Please can someone help - my job depends on this! I know now i was foolish for assuming that as the letter said they were passing it back i was getting somewhere but i could really do with experiences/advice etc

Also, i was informed that a default from a utility co isnt the same as a dafualt on a credit agreement and default notices didnt need to be issued? is this correct

I am so upset about this i dont knwo where ot turn, i phoned the citizens advice but teh guy there wasnt much help and i had little patience with him tbh

Premier_2

Technically, a default occurs as soon as a borrower fails to meet the terms of their credit agreement.

However, in reality, a default is not normally recorded at a credit reference agency unless the "lender in a standard business relationship with the individual decides the relationship has broken down".

It appears you moved address from the the time you were supplied by BG. Perhaps BG didn't receive notice of your new address or failed to register it. It does appear that you perhaps agree there is still a final bill amount outstanding (even if you dispute the actual amount).

It is also good practise for any lender to issue a warning before a default is filed (although I don't know if there is any obligation to do so, but see above regarding when a default is filed) but again, if BG didn't have details of your latest address, perhaps it went to the old address and that is why you haven't received it.

The fact that the debt collector passed your account back to BG does not mean that BG will necessary follow up the debt, just that the debt collector is no longer going to chase you for it. It certainly doesn't imply any default registered will be removed from your credit file.

What you should do is contact BG yourself and discuss the debt (if any). If a genuine mistake has been made over the filing of a default, perhaps BG can help you get it removed.

However, if the default was filed correctly, they probably won't help you. Your best option then would be to pay the amount outstanding and perhaps contact the credit agencies involved to add a comment yourself to any default registered to try and explain how the situation arose.

You may also want to explain the situation to your prospective employer now. I'm sure it would be better coming from you in advance, especially if they have the opportunity to discuss with you the issue, rather than allowing them to discover it themselves when they do a credit search.

brians_daughter

Thanks for replying

The debt collector was goven my info by BG, thats what the DCA told me, so it stands to reason BG had my new address.

I thought the DCA had passed the account back to BG as i had REQUESTED them to do so in a bid to sort the whole thing out... looking back i know this is foolish but i requested it - they said they would then i got a letter stating they had so it all seemed to add up to me!

I have spoken to the person who will be my manager at the new role (family friend who says that i cant work there if i have adverse credit - after all i will be training to be a financial advisor so its quite hypocritical to do that job when your credit file shows you cant look after your own finances!)

I do intend to call BG soon, but i am just trying to get as much info as possible before i do.

Really, i am hoping that the default was issued incorrectly and that they will remove it - i have no issue in paying amounts owed - infact i would pay the entire £700 just to get it sorted quicker

Like i said i have been told that utility services dont have to issue default notices, but dont think its from a reliable place so just trying to get my facts straight for bargaining power really

Premier_2

brians_daughter wrote: »

...The debt collector was goven my info by BG, thats what the DCA told me, so it stands to reason BG had my new address....

The debt collection agency would have been passed any necessary details regarding the debt & the debtor that the original lender (BG in this case) held. That may or may not have included your latest address; it could be that the debt collection agency discovered this for themselves.

brians_daughter

Premier wrote: »

The debt collection agency would have been passed any necessary details regarding the debt & the debtor that the original lender (BG in this case) held. That may or may not have included your latest address; it could be that the debt collection agency discovered this for themselves.

The dca told me that all my details had come from BG. I remember this as the postal code last 2 letters where the wrong way round..and i asked them where they had got the details from.

And even if they lied to me and they werent given the details by BG i assume the DCA would pass all relevant details back to BG including the new address? seeing as the default was only issued 12 months after i moved, and after i had asked the DCA to return the debt to BG

Anyway, its all quite irrelevant isnt it now. I am just trying to gain as much info as possible prior to contacting them, i just feel slightly annoyed as BG wouldnt deal with me directly - DCA letter stated i had to deal with them not BG. Now i am qiute new to all this bad debt stuff so i simply followed what was stated in the letter.

Over the last few days whilst i have been looking into issuing defaults etc i realise i should of dealt with BG and i now feel very foolish!!

Thanks again for taking the time to reply to my posts

Magentasue

I would think that you should make it a priority to get a statement from BG detailing how the outstanding amount was calculated, if you failed to do this when you were first asked for it.

brians_daughter

That is indeed a point i need to action, i am initially trawling my inbox to see if i still have camera phone pictures of the meter readings we took the day we left the property. We gave all parties ie gas and elec and water the readings and took photos of them so if any issues should arise i could ref back to these, obviously as i moved 14 months ago i dont know if i will still have these readings.

brians_daughter

ALSO, thinking about this in more detail i forwarded all my correspondance from my previous address for 6 months via royal mail, and i had no letters from them at either address.