Appeal against Energy Ombudsman decision

NewLeaf1986

OP - you have a right to involve the ICO.

First reject the EO's finding. 

Your data has been treated unfairly and inaccurately. The ICO can help here. 

The FCA defines a default as when a debtor has breached the contractual payment date by more than 90 days:

https://www.handbook.fca.org.uk/handbook/glossary/G2100.html

Which it sounds like you have not.

Reference this link in your escalation to the ICO.

You complied with the energy providers requests however due to 

1. The providers failure to be able to take your call and payment on the due date through no fault of your own

2. The providers providing material inaccuracies to you in the amount due

3. The provider not complying with FCA guidelines in respect of the registering a default notice with credit reference agencies

You have been left in an unfairly detrimental position.

You wish only to be restored to a position you would be in if

1. The provider had been able to take your call and payment on the due date and hadn't been experiencing system issues

2. The provider had not provided material inaccuracies to you when communicating the amount due

3. The provider had complied with FCA guidelines in respect of the registering a default notice with the credit reference agencies, namely not registering a default notice for an account which was under 90 days overdue

The position you would be in, is one where your credit file would show two missed payments against the account followed by a settled flag, with no default notice present. 

ThisnotThat

NewLeaf1986 said:

OP - you have a right to involve the ICO.

First reject the EO's finding. 

Your data has been treated unfairly and inaccurately. The ICO can help here. 

The FCA defines a default as when a debtor has breached the contractual payment date by more than 90 days:

https://www.handbook.fca.org.uk/handbook/glossary/G2100.html

Which it sounds like you have not.

Reference this link in your escalation to the ICO.

You complied with the energy providers requests however due to 

1. The providers failure to be able to take your call and payment on the due date through no fault of your own

2. The providers providing material inaccuracies to you in the amount due

3. The provider not complying with FCA guidelines in respect of the registering a default notice with credit reference agencies

You have been left in an unfairly detrimental position.

You wish only to be restored to a position you would be in if

1. The provider had been able to take your call and payment on the due date and hadn't been experiencing system issues

2. The provider had not provided material inaccuracies to you when communicating the amount due

3. The provider had complied with FCA guidelines in respect of the registering a default notice with the credit reference agencies, namely not registering a default notice for an account which was under 90 days overdue

The position you would be in, is one where your credit file would show two missed payments against the account followed by a settled flag, with no default notice present. 

What the FCA thinks is completely irrelevant to a services contract provided by an energy company.

Dante

Hi @NewLeaf1986
Thanks for that useful. In my original submission to the EO I'd referenced the ICO's 'Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies' but will also look into the FCA document.