Default on credit file

wizzywig27

Same problem for me with BT adding a default, really struggling with it. Went to ICO who dismissed it, currently with the ombudsman, although they asked for copy of letter stating complaint was closed even though I sent it, this was December. Equifax agreed to remove the data but its still on there. I spoke to them today who advised BT have agreed to remove the data but havnt!

izools

wizzywig27 wrote: »

Same problem for me with BT adding a default, really struggling with it. Went to ICO who dismissed it, currently with the ombudsman, although they asked for copy of letter stating complaint was closed even though I sent it, this was December. Equifax agreed to remove the data but its still on there. I spoke to them today who advised BT have agreed to remove the data but havnt!

I'm sorry to hear you are having the same problems. May I ask why the ICO dismissed it?

wizzywig27

izools wrote: »

I'm sorry to hear you are having the same problems. May I ask why the ICO dismissed it?

Yeah, see the content of the email below..

There are a number of presumptions the ICO made in their findings. They suggested I admitted the debt was mine cos I offered to pay, however this was just a quick fix to get it removed (in other words I offered to pay it if they removed it) they said no and if I paid it then it will show as a settled default.

I spoke to Warren Buckly at BT - his is useless and didn't seem note rested in my situation at all..anyway, see what you think

From the information that you have provided, it appears that BT have placed a default on your credit file for unpaid bills of £123. You have contacted BT in relation to this matter offering to pay the full amount, and are concerned that BT will not remove the default once received. However, it is not clear from the information you have provided whether you are questioning the accuracy of the default.

As such, your complaint relates to the fourth principle of the DPA which states that personal data shall be accurate and up to date.

Complaints to the Information Commissioner’s Office

Under the DPA, those who collect and use personal information have to follow rules of good practice (called the data protection principles). The DPA also gives rights to individuals whose information has been processed.

When eligible complaints are made to us we will make an assessment, which is our view about whether the rules of good practice for handling information have been followed. We do this by saying whether we think compliance with the DPA is likely or unlikely.

Our decision

In this case we have decided that it is likely that BT has complied with the requirements of the DPA.

This is because if the default is correct and has been added to your credit file for bills that have been left unpaid, BT are under no obligation to remove the default once full payment has been received. Paying the amount of £123 will allow the balance to be shown as settled on your credit file but will not remove the default.

As mentioned previously, it is unclear if you are disputing the accuracy of the default. If you believe that the charge of £123 is not applicable to you and is inaccurate, we do require you to provide us evidence of this inaccuracy.

In light of all of the above, we do not recommend that BT need take any further action in relation to this matter on the basis of the information that you have provided.

Finally, you should be aware that even in cases where there is evidence of a breach of the DPA we cannot award you compensation if an organisation has failed to comply with the law, however we may ask it to change the way it works in the future. We encourage all organisations to take steps to solve problems and to demonstrate to us that they take their responsibilities under the DPA seriously.

If you feel that you have suffered damage by reason of any contravention by a data controller of any of the requirements of the DPA you may be entitled to compensation. However, this is a matter for the courts and you may want to seek independent legal advice before pursuing this.

I am sorry that we are not able to assist you further but this matter is now closed. Thank you for bringing it to our attention.

izools

Oh man I am sorry to hear that.

There's little point reminding you that offering to pay is admitting responsibility... I'd still suggest raising a formal written complaint to BT Retail requesting they remove the default on the basis that:

> A default is meant to reflect that a debtor has failed to bring an account back up to date despite numerous reminders / efforts to make them pay
> You were sent no such reminders, and had only been told by BT Retail verbally that the account is now closed. No direct debit was claimed for the final amount and no reminders issued requesting payments for this final amount
> As such, you have not failed to bring an account up to date despite reminders - no such reminders were issued - and as such the Default is misrepresentative of the situation.

It's a long shot but BT must be so inundated with such complaints they may just expunge it anyway. Who knows. But nothing ventured, nothing gained, right?

Hopefully I'll fare better given my stance from the outset has always been "THE ACCOUNT IS NOT MINE!", good luck with your written complaint :beer:

wizzywig27

izools wrote: »

Oh man I am sorry to hear that.

There's little point reminding you that offering to pay is admitting responsibility... I'd still suggest raising a formal written complaint to BT Retail requesting they remove the default on the basis that:

> A default is meant to reflect that a debtor has failed to bring an account back up to date despite numerous reminders / efforts to make them pay
> You were sent no such reminders, and had only been told by BT Retail verbally that the account is now closed. No direct debit was claimed for the final amount and no reminders issued requesting payments for this final amount
> As such, you have not failed to bring an account up to date despite reminders - no such reminders were issued - and as such the Default is misrepresentative of the situation.

It's a long shot but BT must be so inundated with such complaints they may just expunge it anyway. Who knows. But nothing ventured, nothing gained, right?

Hopefully I'll fare better given my stance from the outset has always been "THE ACCOUNT IS NOT MINE!", good luck with your written complaint :beer:

I did have the account, however I do not recall owing any money on it, when I moved out of the address I was with the post office.

Thing is, BT have already responded to the complaint with a full and final letter stating the default will remain. I have asked for evidence of the letters etc asking for lament but they just sent me bills.

I was so close (within 6 months) of having no defaults, now I think I a, six months. I have always said I dispute The debt, yet they insist even if I pay it, it will remain.

Another complication is I might not need to do anything as Equifax are disputing it and BT have told them they will remove it although I can't see it happening.

stclair

wizzywig27 wrote: »

Same problem for me with BT adding a default, really struggling with it. Went to ICO who dismissed it, currently with the ombudsman, although they asked for copy of letter stating complaint was closed even though I sent it, this was December. Equifax agreed to remove the data but its still on there. I spoke to them today who advised BT have agreed to remove the data but havnt!

Their is some technical issues with the BT data at the moment.

So I'd bare with them for a few days to see if the default gets removed.

wizzywig27

stclair wrote: »

Their is some technical issues with the BT data at the moment.

So I'd bare with them for a few days to see if the default gets removed.

This was quite some time ago according to Equifax. They disputed the accuracy of the data again on the 21st Jan, so three weeks ago. I just want it gone

stclair

wizzywig27 wrote: »

This was quite some time ago according to Equifax. They disputed the accuracy of the data again on the 21st Jan, so three weeks ago. I just want it gone

Their has been some more issues this week any data been previously removed has been re-applied and will be deleted again in the next few days.

Have they previously agreed to remove it?

(Sorry just read your previous post I'm posting from my iphone so missed it)

wizzywig27

stclair wrote: »

Their has been some more issues this week any data been previously removed as been re-applied and will be deleted again in the next few days.

An cheers Hun, any ideas when I should be looking to spend £2 to get a new one lol?

izools

stclair wrote: »

Their has been some more issues this week any data been previously removed has been re-applied and will be deleted again in the next few days.

That's all well and good but this has been going on since the beginning of November, data previously removed has been re-added the following month three months running.

BT have far surpassed the "reasonable time" of 28 days dictated by the ICO for resolving issues of this nature.

Besides which, why do you think Equifax put an embargo on BT account data in 2007, which lasted five years?

'Cos BT are incompetent to the point of no return. I reckon Equifax will end up having to be instructed by the ICO to re-initiate the embargo.