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Do I have a claim against BT here?

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  • Do I have a claim against BT here?

    Hello all,

    My ex wife and I got divorced approximately 1.5 years ago, amicably. I paid her half of the equity of our joint owned home and she left to start her new life while I stayed. I began the process of getting her name removed from our mortgage but was stalled by a rogue CCJ issued to me by a parking company. I appealed this in court and had it set-aside.

    I then tried again to re-mortgage and was declined on the basis that there was a defaulted account on my credit rating, from BT; this account was for £52.19. After speaking to BT it was deemed that this defaulted account was an error (lingering old account from when I moved house), and they agreed to have it removed. Santander (mortgage provider) would not accept BT's e-mail correspondence admitting fault, and asked for written confirmation. I asked BT for written confirmation, but they explained that it would not be possible. The defaulted account stayed on my credit score for a number of weeks following this, and no amount of calls to BT would bear fruit. I was told a number of times that they would 'send an e-mail to the relevant department' but to no avail. I was left with the erroneous account, waiting for them to notify experian. Experian were adamant that BT could have the record removed within 30 minutes if they contacted them, and that I should keep asking BT to remove it.

    Months later I have now had my credit rating updated, with the defaulted account removed, however my mortgage offer has expired, and now the lender is unwilling to lend me the required amount to stay in the property. I am quite frankly furious at BT for being so slow moving and unhelpful especially given that they admitted full fault regarding the defaulted account.

    I am now facing the prospect of potentially having to sell my home, because of BT's error. Do I have a claim here? It would seem to me that they have materially cost me a large sum of money, potentially my home.

    Given that I have the e-mail correspondence with BT, the mortgage offer, correspondence from Santander outlining that the mortgage offer was dependent on BT removing the default, and the fact that BT admitted that the default was an error - do I have a case to sue for damages against BT?

    Would I be able to pursue this in court?

    Kind regards
    Tags: None

  • #2
    Hi CATCH_OX16

    Before you involve the Courts, they expect you to do everything to resolve the matter first.

    a) What you could do is lodge a Complaint against BT with the Services Ombudsman, providing BT has looked into your complaint You have all the evidence ./ correspondence etc. I'm not sure what sort of compensation you are looking for, but you have a good case.

    b) Also lodge a complaint against Santander with the FOS, they failed to take note of information that you had given, they should deal 'fairly' with you, they haven't in this instance. They have 8 weeks to look into the matter, if you are still unhappy when they provide a final response, then lodge a complaint with the FOS.

    It might be an idea to send BT and Santander a SAR request they have 30 days to provide all the data on the account, make sure you get Proof of Postage. SAR template under 'shortcuts' on the right hand side of the screen.

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