New record

Shepster1970

Hi, in January this year I was alerted by Experian that a new record had been placed on my account. When I looked at it, it relates to a British Gas account, opened in 2009 and the last payment I made was September 2012, and they are claiming I still owe them money. The also claim paperwork was sent out in March 2013 to inform me that a Default would be placed on my account, however this wasn't done until January 2019 (I know this as I've had a remortgage in 2017 and 2 credit cards 2018 and nothing was on my records, I've checked with the companies involved). Been to Ombudsman who have sided with British Gas, even though I think the debt is "Statute Barred" as the last payment made was September 2012, and 6 years from this is September 2018. Am I right in thinking what British Gas has done is wrong? Out of the 4 top Credit Reference Agencies, it's only logged with one, Experian. I'm pulling my hair out trying to sort this mess out, helppppppp

[Deleted User]

Was it taken to court and a CCJ applied for?

Shepster1970

Hi, no, nothing was applied for at the time. We haven't been to court and no CCJ's are logged against me.

Ben8282

The question of whether the debt is statute barred or not is not the point here as nobody appears to be chasing or requesting payment.
The point is that British Gas appear to have added a default to your credit files approximately 6 years after the date of default which is not acceptable.
This had been to the Ombudsman pretty quickly. You say he sided with British Gas but what reasons were given?

Nebulous2

You could go to the ICO and complain to them.

Shepster1970

They said they are satisfied that the "debt" is mine, and that British Gas acted correctly. I've tried to explain that they are pulling a fast one, I've asked British Gas for the original paperwork and they have told me there's nothing on their system so unable to give me anything, I've asked Experian when the record was added - they have said January 2019 which is outside the 6 years limit, yet Ombudsman have still sided with them. I've even given the Ombudsman a copy of my credit file from 2 years ago when I remortgaged and nothing was on there, but they won't accept this. According to them, I lived in the property when this was happening, therefore it is correct.

Shepster1970

Is that who I need to complain to? I wasn't sure who it was. However, as I've appealed the decision by the Ombudsman and sent loads of snap shots from the internet showing statute barred etc, plus letters and copies of credit report, I'm waiting for their response before I take it higher. I refuse to let this go, especially as they can't give me paper copies of anything they have claimed to have sent me as there's nothing showing on their system. Thank you for this.