Missed Payments on credit report ut never received a bill

[Deleted User]

A CCJ can get set aside if the issuer agrees to it, that isn't some sort of "technicality", it's a correct and legal process, you can get a set aside, that is how the process works, there is no trick involved.

Harassing call centre staff by calling them daily, recording them etc is not the way to deal with problems.

No, the default will not be removed and no, it is not unfair that a company correctly recorded a default when the person didn't pay their bills for 18 months and didn't make any attempt to contact them over 2 years.

OP - please don't listen to this terrible advice, the last thing you want to do is upset some poor minimum wage call centre staff by continually ringing them up and telling them they're the bad guys because the company is following the correct, legal process.

TurningANewLeaf

Deleted_User said:

A CCJ can get set aside if the issuer agrees to it, that isn't some sort of "technicality", it's a correct and legal process, you can get a set aside, that is how the process works, there is no trick involved.

The County Court Judge will not agree or rubber stamp a set aside unless there has been some kind of mistake, such as the bill being incorrect or in my case, the CCJ being issued to the wrong address, even IF the creditor agrees to sign a consent order. 

Deleted_User said:

No, the default will not be removed.

Mine was!

OP - please don't listen to this terrible advice, the last thing you want to do is upset some poor minimum wage call centre staff by continually ringing them up and telling them they're the bad guys because the company is following the correct, legal process.

I've given great advice, because I've had the experience of having been in a very similar situation, I even had people like you tell me it was a lost cause, a waste of time, and if I had listened to people like you then I never would have got the default removed. 

As for whether British Gas have followed correct legal process like you say, I think even that is in question here.  As I outlined in another post I'm not so sure if they can just "assume" to have permission to share the OP's data with the CRA.  While it is not in doubt the OP owes British Gas money, and it is also not in doubt that British Gas have a range of lawful disposals at hand to collect that money, I wouldn't definitely question whether it is lawful for them to share consumer data without the OP's prior permission.  British Gas will claim that the OP was "assumed" to have entered into a contract the moment the OP used their services, I would definitely argue that a private entity can not just impose any terms and conditions they like without prior agreement, and since the OP never gave his permission to share his data, they have very much acted unlawfully here. 

Well it's definitely one to take up with the ICO.

Thrugelmir

TurningANewLeaf said:

Deleted_User said:

A CCJ can get set aside if the issuer agrees to it, that isn't some sort of "technicality", it's a correct and legal process, you can get a set aside, that is how the process works, there is no trick involved.

The County Court Judge will not agree or rubber stamp a set aside unless there has been some kind of mistake, such as the bill being incorrect or in my case, the CCJ being issued to the wrong address, even IF the creditor agrees to sign a consent order. 

Deleted_User said:

No, the default will not be removed.

Mine was!

OP - please don't listen to this terrible advice, the last thing you want to do is upset some poor minimum wage call centre staff by continually ringing them up and telling them they're the bad guys because the company is following the correct, legal process.

I've given great advice, because I've had the experience of having been in a very similar situation, I even had people like you tell me it was a lost cause, a waste of time, and if I had listened to people like you then I never would have got the default removed. 

As for whether British Gas have followed correct legal process like you say, I think even that is in question here.  As I outlined in another post I'm not so sure if they can just "assume" to have permission to share the OP's data with the CRA.  While it is not in doubt the OP owes British Gas money, and it is also not in doubt that British Gas have a range of lawful disposals at hand to collect that money, I wouldn't definitely question whether it is lawful for them to share consumer data without the OP's prior permission.  British Gas will claim that the OP was "assumed" to have entered into a contract the moment the OP used their services, I would definitely argue that a private entity can not just impose any terms and conditions they like without prior agreement, and since the OP never gave his permission to share his data, they have very much acted unlawfully here. 

Well it's definitely one to take up with the ICO.

Like throwing numerous boomerang's. Eventually they'll impact you in the future when you least expect them too. With a business able to choose their customers. Some are simply too much bother to deal with. 

2021BJ

TurningANewLeaf said:

2021BJ said:

TurningANewLeaf said:

2021BJ said:

TurningANewLeaf said:

Short answer: Yes! 

Long answer: Yes!  If you have time on your hands, badger them on the phone EVERY single day outlining why this is unfair.  Don't give in.  
I had a similar issue with Anglian Water where they put a default on my file as well as a bunch of late payments.  I called them every day, kept their agents on the phone for as long as possible, I was calm, even jovial at times (don't start shouting and swearing at them), they kept telling me they won't remove the default because they didn't feel they made a mistake, but I didn't give in, I kept going, I kept calling them, and they eventually buckled and removed ALL negative markers.

Everyone online told me it's impossible to get this particular default removed as I was in the wrong, but actually, they were wrong, if I had listened to their advice I never would have got the default removed and would not have been in a position where I could apply for a mortgage for at least another 2 or 3 years.  

I'm not sure people were telling you it was impossible, more than likely that you didn't have a leg to stand on getting the default removed, and you didn't.

Whilst harassing a creditor to the point they remove the default might work occasionally there's just as much if not more chance that you'll just be wasting your time.

I also got a CCJ set aside (on a technicality) when everyone told me it's impossible and I'll be wasting my time.  I used a very different strategy in this instance, as I needed the help of the creditor...  but luckily I had some leverage over them; I owed them money!  It took time, but they eventually agreed to sign my consent order under the condition I repaid the debt in full, and with that letter the courts agreed to remove the CCJ.  The creditor in this instance actually originally said 'no' to signing the consent order as they thought it might be looked upon by the courts as 'credit washing', but they didn't need much convincing in the end to sign it (although they did umm and err for a while, but I didn't badger them to nearly the same extent as I did the water company).

We were talking about a default, not a CCJ.

If you are determined enough you can achieve almost anything.

A nice thing to tell kids in school perhaps, but not true.

  

"A nice thing to tell kids in school perhaps, but not true."
It is so true.  Most people don't get to where they want to be because they don't push themselves hard enough or don't even try.  Every time I've failed in life (which is many times btw), I know in my heart without exception that I failed because I didn't try hard enough, I didn't work hard enough, or I took my eye off the ball (which amounts to the same thing as not trying).  Yes, everyone has hard luck stories, me as well, everyone has unique obstacles, everyone has different starting positions, but luck is only short term, in the end you can overcome and bounce back from almost anything if you put in the effort.

It's getting OT but no, it's not true.

You hear these stories and remember them. What you don't hear are the millions of stories where people tried, repeatedly, and came up with nothing.  You don't hear those stories because nobody is particularly interested in these stories, and so the only people's stories that get put in the media are the ones who tried and tried and made it.  The other reason why you don't hear those stories is because people don't really go out shouting about failing unless they can end their story with "but look at me now " or words to that effect.

But those who "make it" are very much in a minority.

Your actor example is a perfect example of this. The number of people who try, often repeatedly, to make it big in acting is absolutely massive. The number of actual "big" actors is minuscule.

Like I said, a nice thing to tell kids perhaps, but sadly not true.

TurningANewLeaf

2021BJ said:

TurningANewLeaf said:

2021BJ said:

TurningANewLeaf said:

2021BJ said:

TurningANewLeaf said:

Short answer: Yes! 

Long answer: Yes!  If you have time on your hands, badger them on the phone EVERY single day outlining why this is unfair.  Don't give in.  
I had a similar issue with Anglian Water where they put a default on my file as well as a bunch of late payments.  I called them every day, kept their agents on the phone for as long as possible, I was calm, even jovial at times (don't start shouting and swearing at them), they kept telling me they won't remove the default because they didn't feel they made a mistake, but I didn't give in, I kept going, I kept calling them, and they eventually buckled and removed ALL negative markers.

Everyone online told me it's impossible to get this particular default removed as I was in the wrong, but actually, they were wrong, if I had listened to their advice I never would have got the default removed and would not have been in a position where I could apply for a mortgage for at least another 2 or 3 years.  

I'm not sure people were telling you it was impossible, more than likely that you didn't have a leg to stand on getting the default removed, and you didn't.

Whilst harassing a creditor to the point they remove the default might work occasionally there's just as much if not more chance that you'll just be wasting your time.

I also got a CCJ set aside (on a technicality) when everyone told me it's impossible and I'll be wasting my time.  I used a very different strategy in this instance, as I needed the help of the creditor...  but luckily I had some leverage over them; I owed them money!  It took time, but they eventually agreed to sign my consent order under the condition I repaid the debt in full, and with that letter the courts agreed to remove the CCJ.  The creditor in this instance actually originally said 'no' to signing the consent order as they thought it might be looked upon by the courts as 'credit washing', but they didn't need much convincing in the end to sign it (although they did umm and err for a while, but I didn't badger them to nearly the same extent as I did the water company).

We were talking about a default, not a CCJ.

If you are determined enough you can achieve almost anything.

A nice thing to tell kids in school perhaps, but not true.

  

"A nice thing to tell kids in school perhaps, but not true."
It is so true.  Most people don't get to where they want to be because they don't push themselves hard enough or don't even try.  Every time I've failed in life (which is many times btw), I know in my heart without exception that I failed because I didn't try hard enough, I didn't work hard enough, or I took my eye off the ball (which amounts to the same thing as not trying).  Yes, everyone has hard luck stories, me as well, everyone has unique obstacles, everyone has different starting positions, but luck is only short term, in the end you can overcome and bounce back from almost anything if you put in the effort.

It's getting OT but no, it's not true.

You hear these stories and remember them. What you don't hear are the millions of stories where people tried, repeatedly, and came up with nothing.  You don't hear those stories because nobody is particularly interested in these stories, and so the only people's stories that get put in the media are the ones who tried and tried and made it.  The other reason why you don't hear those stories is because people don't really go out shouting about failing unless they can end their story with "but look at me now " or words to that effect.

But those who "make it" are very much in a minority.

Your actor example is a perfect example of this. The number of people who try, often repeatedly, to make it big in acting is absolutely massive. The number of actual "big" actors is minuscule.

Like I said, a nice thing to tell kids perhaps, but sadly not true.

Well I'm not necessarily talking about the 'glamourous' jobs like acting, although I would say those who work the hardest and absolutely dedicate themselves actually have a good chance of making it.  Lots of people have a dream of making it as an actor, but it's just that, a dream, they think they need a lucky break but don't set themselves goals.  Not so many dedicate their lives to it, constantly striving to improve, and work their !!!!!! off 16 hours a day to become the best they can be.  If you're good enough, and work hard enough sooner or later someone is going to spot your talent in an audition.  

And those who dedicate themselves and still don't make it... well I have one example of a friend at school, he was on the books of a Premier League team as a school boy, great player but they let him go at 16 and he never got that professional contract he dreamed of.  He played for a little while for a non-league team but his heart was no longer into it.  But here's the thing, he had this drive inside him to improve himself, he always had it, and he started off a business with hardly any capital, put every hour into it under the sun, and he now turns over 10s of millions a year.  

Those who have a strong work ethic and a drive to constantly improve themselves and have the resilience to bounce back from failure will make it one way or another.

maxximus75

BG ruined my credit history for not forwarding me my final bill onto my new address when I moved which ended up with a default.

It seems your account was never set up in your name so technically, you didn't have a contract with them?

I would argue the fact with them, send in a complaint and see what they say?  Exhaust their complaints process, if necessary, obtain a deadlock letter and take it to OFGEM.

As mentioned, BG are stubborn (I would use stronger words than that, to describe them). 

PixelPound

On your credit reports, how is the default shown.If the bill is not in your name then there is the argument that it shouldn't be linked on your credit report.

You will be liable for the debt as you were tenants and the letting agent I assume has a copy of the lease. There is the deemed contract where when you start your tenancy you have a deemed contract with the existing suplier. However I'm sure that isn't being disputed, but the default. The fact that the name is wrong and the postal address is wrong are key facts to getting the default removed as it can be deemed unfair when they have not correctly addressed a bill for you to receive.

Raise an official complaint in writing - though wording has to be careful that they are not looking on it as avoidance to pay.