A question about removing a default

Chickabiddybex

In 2009 I had a landline with BT and it was nothing but hassle so I cancelled it.
(long story short they kept over charging me, admitting to over charging, apologising, then doing it again)


I thought I had seen the last of them. But no. I looked at my credit file and lo and behold I have a default from BT!


WHAT?!


So I contacted them and they told me that they cannot access archived information to give to me. I should speak to Equifax who will speak to BT and they can give the information to Equifax. I said surely due to the freedom of information act they should access the archived info and tell me what it says.


Apparently no. They cannot do that.


My concern is that when Equifax contact them they will just say "the default is correct, please go away"


Any advice?

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Summary of the convo with BT:
After being told they have no info on my account...
ME: When BT is contacted by Equifax, will they be able to confirm there should be no default even though there is no information on your system?
BT: if your credit rating is effected Equifax can see this and can then raise the dispute with bt on your behalf
ME: But if there is no info on the account, what is going to stop BT from saying the default is correct?
BT: the information will be archived and if there is a dispute with Equifax there is a team within BT who deal and would be able to retrieve the old information
ME: Can you access that information for me please? Surely I am entitled to see it under the freedom of information act?
BT: i am sorry this is not possible for me to do you need to follow the advise i provided you
ME: There must be someone there who can do this for me. Can you pass my issue onto them or give me their details? I am not trying to be a pain, it is the law.
BT: I am sorry for this to be done Equifax need to deal with a team within BT this is not possible for anyone else to to.If we could do this we we would
ME: I am not asking you to remove the default
ME: I am asking you to access the archived information that you have about me,
BT: this is not possible for us to do. I am sorry
ME: Why can someone do it for Equifax but not for me?
BT: because they work directly with a team within BT who can do this
ME: Can I contact that team?
BT: No Equifax will need to raise this on your behalf, We can not even contact this team

fermi

Put your complaint formally in writing to BT, telling them that unless they remove/correct the default then you will be taking the matter to the communications ombudsman and the Information Commissioner.

http://www.ombudsman-services.org/complaining-to-the-company-communications.html

Hopefully that will get BT being a bit more cooperative, but if not then that is what the ombudsman is there for.

Chickabiddybex

So you're saying I need to contact BT rather than Equifax and then wait 8 weeks and if they've just kept telling me to go direct to Equifax I go to the ombudsman?

fermi

No, you do both. Dispute it through Equifax AND to BT direct.

BT can deal with it direct. The person you spoke to was talking nonsense.

That way should you have to go to the ombudsman you can show you tried all reasonable avenues to dispute it.

matttye

Freedom of Information Act is in relation to information held by public authorities, i.e. the police etc.

Nothing to do with what private companies hold about you. You probably mean the Data Protection Act.

Chickabiddybex

Fermi, do you have any advice on specifically what I should mention to BT?

For example should I mention the ombudsman, give any time limits, quote any laws, etc etc?

fermi

Well obviously you need to fully explain the complaint and what you want them to do to correct it.

Here I presume you would be arguing that either the account never did default, or that if it did technically at any point then it was as a result of BT's overcharging your account and you disputing the charges, and since BT admitted that and corrected it, to default your account on something that was entirely BTs error is unfair and inaccurate, and in terms of your credit rating is concerned, has or will cause you considerable detriment.

Would certainly mention the ombudsman, as would hopefully focus the minds of BT staff dealing with it.

One of many example letters here: http://www.which.co.uk/consumer-rights/action/letter-of-deadlock-for-a-dispute-with-a-mobile-phone-provider

Timescales may vary depending on when you first complained about the default.

Like most ombudsman the company should send you a final response or letter of deadlock, whatever they call it, after which you can go to the ombusdman if you are still not happy. Or if the company refuses to play ball and send that letter, then you can just go to the ombudsman 8 weeks after you initially made the complaint about the default.

Chickabiddybex

I've contacted BT and went to contact Equifax but they're asking for a credit report reference. I use checkmyfile to get my credit reports - I can't find a credit report reference. Am I going to have to sign up with Experian to get them to do anything?

fermi

checkmyfile say they have an online tool for disputes that presumably then get forwarded to the CRAs with a correct reference?

Never used it myself, so not sure if that or how well it works.

Personally when dealing with disputes I think it's always best to get your report direct from the main agencies (Experian, Callcredit, or Equifax). That way you are sure the info is the actual data held, and it's as up to date as the agency has. Plus easier to dispute.

No need to "sign up". You can get a one off £2 report from any of them.

If the account shows on Callcerdit/noddle, you can sign up to that for free.

https://www.noddle.co.uk/

Which is actually Callcredit anyway and not a 3rd party.

If it shows on noddle you can enter a dispute via that.

Main thing though is to make the dispute with BT formal, direct with them. Then you have the option of going to the ombudsman if they keep passing the buck and/or refusing to deal with it.

Chickabiddybex

*sigh*


"I'm really sorry to hear that when you checked your credit history, you found a default marked by BT.

Because the account has been closed down some time ago this information is held in our archives. If you would like this mark to be removed you will need to follow the instructions I provide.

We will require you to contact Equifax and raise a notice of dispute with them, as soon as you do Equifax will mark the file as in query, so it won't affect your ability to apply for credit elsewhere while your account's being looked at. Equifax will then get in touch with us and we’ve got 21 days to respond to Equifax. Once you've raised a Notice of Dispute, you will be given a unique reference ID that can be used by Equifax or BT to search for and update the query. Equifax will mark your credit file as 'In Query'. This is so there's no further impact on your credit vets until the query is resolved.

You can contact Equifax either through their website at: www.equifax.co.uk/ask or by phone on 0844 335 0550 or in writing to the address: Equifax Credit File Advice Centre P.O. Box 1140 Bradford BD1 5US.

I hope this helps, and if you need any further assistance please do not hesitate to contact me."


I asked checkmyfile to contact Equifax on my behalf and although they did at first attempt to get me to contact BT myself they have agreed to do this as I told them BT refused.


I am concerned that I am not allowed to be involved in this process. BT and Equifax are allowed to see information about ME but I can't!!


Do you suggest further contact with BT right away or should I wait a bit?

fermi

Nope. It is complete and utter bullsheet from BT.

There is no requirement for you to go through Equifax.

No reason why BT cannot investigate themselves. In fact they should do so.

Complain and tell them that you are not accepting their excuses, and the clock is ticking until you take it to the ombudsman.

BUT do it through Equifax/cmf as well for completeness.

That way, as said, if it does go to the ombudsman then you can show them you tried every avenue to sort it, but came up against brick walls.