Severn Trent and Credit reference agency

sourcrates

Lenders who provide loans and credit cards, or other financial products, do so under the auspicious of the consumer credit act, which has certain guidance to follow in regard to defaults etc.

Utility companies are not regulated by the consumer credit act, so they operate under there own set of rules and guidelines which will differ from those above.

However, the response to your complaint neatly skirts around the fact a different account number was generated and added to your credit file over a year after the original account was supposedly closed.

Its difficult to invoke the limitation act here, simply because the cause of action date is deemed to be the date of default, and as the account did not default, it would be the date of the last payment or written acknowledgement by you.

You mention in your last post a CCJ, was there one? if so that defies all logic, as you can`t take legal action unless an account defaults, and that didn`t happen, or were you just using that as an example?

There is a lot of inconsistency in all of this, the company has fallen well short of what is expected of them in terms of due diligence, in all honesty this account should have been defaulted after 6 missed payments, but the different account number is also perplexing.

See what outcome the regulator can give you, you may also want to complain to the ICO.

Your right to get your data corrected | ICO

Clare237

sourcrates said:

Lenders who provide loans and credit cards, or other financial products, do so under the auspicious of the consumer credit act, which has certain guidance to follow in regard to defaults etc.

Utility companies are not regulated by the consumer credit act, so they operate under there own set of rules and guidelines which will differ from those above.

However, the response to your complaint neatly skirts around the fact a different account number was generated and added to your credit file over a year after the original account was supposedly closed.

Its difficult to invoke the limitation act here, simply because the cause of action date is deemed to be the date of default, and as the account did not default, it would be the date of the last payment or written acknowledgement by you.

You mention in your last post a CCJ, was there one? if so that defies all logic, as you can`t take legal action unless an account defaults, and that didn`t happen, or were you just using that as an example?

There is a lot of inconsistency in all of this, the company has fallen well short of what is expected of them in terms of due diligence, in all honesty this account should have been defaulted after 6 missed payments, but the different account number is also perplexing.

See what outcome the regulator can give you, you may also want to complain to the ICO.

Your right to get your data corrected | ICO

Thank you for your response.  

There was a CCJ in 2021 that was recently set aside with consent - but even when that was on my file it still reported a 6 on the account separate to the CCJ.  I queried it then but they said this is what they are meant to do.  72 months of ‘6’ 

The court team were dealing with the set aside and they were still reporting 6 status - again incorrectly.  

I was 6 missed payments probably in 2017 - which is crazy! 

I moved out of the address, there was a balance and they closed the account.  The one on my credit file has different last 4 numbers to the original one.  

I have complained to the ICO - is there someone else I should complain to?  Apologies if this is obvious!

Clare237

It also went to 1st locate debt recovery October 2018. I have a letter saying I defaulted on repayments but this is also not reflected in my file.  

Clare237

If anyone has links to any relevant legislation I would also be so grateful 

sourcrates

Not much else you can do to be fair, if the utility company won`t change it, the ICO is the last chance saloon.

You can of course take them to court, but are you that confident of your position, and do you have the funds  to do so?

Clare237

@sourcrates This was from the court team - it’s so frustrating.  

HillStreetBlues

Clare237 said:

Update;   I have complained to the regulator.  The account shows as closed September 2024 to be reported until September 2030.  6 status for the last 72 months.  They have refused to make any amendments saying applying a default is at their discretion - even when there was a CCJ present.   It is marked as delinquent but unsure what that means. 

I really hoped to buy a home next year - and have worked so hard to get to this point.  But know now, realistically this will scupper my chances, totally gutted.  

Total and utter rubbish for a water debt,
With the Limitation Act it's about cause of action, with a water bill there doesn't have to be a default notice sent. so the cause of action will be when the debt became overdue, that is when you defaulted. Once defaulted they can then chase payment and take you to court.
They have 6 years from the default to recover the money, if they don't then it becomes Statute barred.
It looks like you must have defaulted before they closed the account on 10th July 2018, so this debt should not be on your credit file.

List who you complained to and when.

Clare237

HillStreetBlues said:

Clare237 said:

Update;   I have complained to the regulator.  The account shows as closed September 2024 to be reported until September 2030.  6 status for the last 72 months.  They have refused to make any amendments saying applying a default is at their discretion - even when there was a CCJ present.   It is marked as delinquent but unsure what that means. 

I really hoped to buy a home next year - and have worked so hard to get to this point.  But know now, realistically this will scupper my chances, totally gutted.  

Total and utter rubbish for a water debt,
With the Limitation Act it's about cause of action, with a water bill there doesn't have to be a default notice sent. so the cause of action will be when the debt became overdue, that is when you defaulted. Once defaulted they can then chase payment and take you to court.
They have 6 years from the default to recover the money, if they don't then it becomes Statute barred.
It looks like you must have defaulted before they closed the account on 10th July 2018, so this debt should not be on your credit file.

List who you complained to and when.

Timeline;

Left property 10th July 2018 with probably 12 months of arrears. 

1st Locate then were the debt collection agency who were chasing the debt.  No payments made to them. 

At this point, the account was not on my credit file from what i remember.  

Debt then chased by Severn Trent 2019

CCJ was issued 2021 (May)

status of 6 reported consistently 

CCJ set aside. 

Credit file shows a defaulted balance but an open account with arrears.  Account number does not match the true account number on Experian and shows a ‘P’ on Transunion. 

Complaint re. Reporting made to the data controller and response received saying they don’t have to report a default at any point and will not adjust file. They say the arrears status is their way of reporting and is correct.  

Complaint sent to the ICO on Thursday last week. 

HillStreetBlues

I really can't see how the ICO can not uphold your complaint. If they have been chasing the debt since 2018 then it must drop off.
The new account number sounds totally dodgy, it's either a mistake or someone trying to circumvent accurate reporting.

Clare237

HillStreetBlues said:

I really can't see how the ICO can not uphold your complaint. If they have been chasing the debt since 2018 then it must drop off.
The new account number sounds totally dodgy, it's either a mistake or someone trying to circumvent accurate reporting.

I agree - the account number should match and it now doesn’t.  Unsure what ‘P’ means either in place of the correct number.  

There is also a defaulted balance showing which is contradictory. 

It is concerning that companies have such power yet show little understanding of rules.  

“Our reporting of ‘6’ relates to the age of the arrears outstanding and is noted as ‘6 months or more’ an insight default was not deemed to be required during the reporting on this account to date but the balance is likely to have been deemed in default by the credit reference agencies themselves for some time based on the basic monthly updates we have provided them.”

They are saying that it is defaulted but they don’t need to apply the correct code.