British Gas default RE-ADDED after 6 years

Wenglish2016 · 24 January 2017 at 12:05PM

Hi everyone I'm looking for some advise please with regards to a default that has been re applied to my credit reports. We had gas and electricity with British Gas back when we moved into the property In February 2009 - March 2009 so literally a months use as we changed suppliers. Anyway they defaulted the account and listed 2 defaults for each supply that was only done in January 2010 so they left it quite a few months before defaulting but they were both finally removed in January 2016. My issue is last week I had a notification of a default being added from British Gas for £64 for electricity from 2009 ???? I emailed the CEO office of British Gas to find out what was going on to receive a email this morning stating that they have looked into my complaint and as it shows I have not paid off the outstanding balance on the account British Gas have decided to RE-REGISTER the defaults ? She also goes onto state that they have now removed the default but because the amounts are still outstanding they need payment to stop further defaults being added.

Could someone please just advise if they are in fact allowed to re register defaults 7 years after default and 1 year after the defaults were originally removed ? I've not admitted to the debt or anything just basically asked why and what the defaults were for so any help and advise would be grateful thank you

Simonsays69 · 24 January 2017 at 12:10PM

I think you just need to send a Statute Barred letter, (this is my honest opinion)

"Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ."

Wenglish2016 · 24 January 2017 at 12:21PM

Thank you 😊

GingerBob_3 · 24 January 2017 at 12:42PM

You need to get onto the CRAs and demand to know why they have allowed a merchant to do this, and what they will do to prevent the merchant doing it again.

Wenglish2016 · 24 January 2017 at 12:49PM

Thank you for the advice I shall do that straight away, can I also ask by British Gas stating they will continue to report the information to the CRA'S that's completely untrue and not allowed ?

rizla_king · 24 January 2017 at 12:55PM

Yes tell the CRA that the data was added maliciously and that BT state that they have decide to "re-add" an old expired default in direct breach of data protection and ICO guidelines. Tell BG that they are in breach of the data protection act and ICO guidelines, and that if they won't remove and desist from reporting it youll be taking them to the communications ombudsman for compensation and taking legal action for breaches of the data protection act and defamation

Wenglish2016 · 24 January 2017 at 12:59PM

Brilliant thank you very much

Simonsays69 · 24 January 2017 at 1:15PM

State Principle 4 of the Data Protection Act, which, in effect says info should be accurate. (I'm paraphrasing)

Wenglish2016 · 27 January 2017 at 5:12PM

Just a quick update to let you know i have had a final response to my complaint after sending the response email back to British Gas and after everyone's help this week British Gas have now apologised and stated it was mistake to have done what they done etc etc they have also said they have now cleared the accounts fully and and there will be no more reporting to the credit reference agency's and by them saying they would be was again a mistake so thank you again everyone I'm very grateful to have it sorted :j

GingerBob_3 · 27 January 2017 at 5:23PM

Wenglish2016 wrote: »

Just a quick update to let you know i have had a final response to my complaint after sending the response email back to British Gas and after everyone's help this week British Gas have now apologised and stated it was mistake to have done what they done etc etc they have also said they have now cleared the accounts fully and and there will be no more reporting to the credit reference agency's and by them saying they would be was again a mistake so thank you again everyone I'm very grateful to have it sorted :j

Did they cough up any compo?

Wenglish2016 · 27 January 2017 at 5:41PM

No they never mentioned compo lol :rotfl: but to be fair to them I did only state In the email that I would look for compensation if they carried on reporting the incorrect information when clearly it was not the correct thing to do which they have now agreed to stop doing so see if they now stick to there word

British Gas default RE-ADDED after 6 years

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