british gas defaults

[isalter]

hello all

so my story is i left a previous address back in 2009 (well was thrown out by my ex wife)

i sent a letter to all the utilities saying i had left and my forwarding address

now a few months back a default popped up on the cra's for british gas for over £1000 from 2010

so i rang british gas and settled the debt as i didnt want it on my file

i asked british gas to remove the default as they had not sent any bills or default notice to my new address they said someone would contact me

later they contacted me through there indian call centre and said no

obviously i wasnt happy so i sent a sar and i have now got it back and surprise surprise no letter from me with new address and no default notice and some other spurious accusations

my questions are

do they have to issue a default notice also can they discuss my account with my ex if her name isnt on it

and why did it take over 2 years for a default from 2010 to appear on my credit file

i am looking for some way to have this removed as i genuinely had no clue it was in default as i recieved no information about outsanding money it would also appear most of the £1000 is in charges too

any help or advice is appreciated I have had the sar back but im not sure what I am looking for and what I can use

[Lord_Alcohol]

Re: british gas defaults

BG are beyond the pale - I understand they are in bed with experian and love doing this sort of thing.

There is no need for a DN if the "agreement" is not regulated under the CCA. According to the ICO and in semi-contradiction of their own technical guidance, they do not even need (legally) to notify you that they are about to record a default.

I complained to the ICO about a BG default and they initially found in BG's favour, saying that;

a) BG does not need consent to process data (as long as it has a "legitimate" need to do so)
b) Does not need to notify you that it intends to records a default
c) The ICO is uninterested in contractual issues

Further research revealed that BG were in contravention of the DPA by failing to notify me that they acted as data controller, but convinced the ICO that they had by referring to "standard procedures" when opening an account. Total ******** of course.

I appealed to the ICO, they went back to BG and BG then removed the default. It took a year and was a total pain.

My advice: look at the data processing principles (1 and 4) and look at how BG notified you they were data controller, referring to the DPA. Once you find contraventions, go to the ICO. Not sure how a SAR will help - IMO you need to be looking for contraventions of DPA for the ICO to assist.

I would also not bother using the phone - write to their Sussex head office instead. Good luck.

HTH
LA

[isalter]

Re: british gas defaults

so it doesnt look good then

what sort of contraventions am i looking for ?? i have everything from the sar but not sure what i am looking for

[Lord_Alcohol]

Re: british gas defaults

First thing is to check that BG told you they were data controller and intended to process and share data about you - this is a fundamental requirement of DPA;

http://www.legislation.gov.uk/ukpga/1998/29/schedule/1

If you were not informed that BG were acting as data controller then that is the first contravention.

IMO it is very unlikely that BG told you because they didn't record data for 2 years, assuming there was no data recorded between 2010 and when the D was reported. It's more likely that they took the decision to process data due to some commercial agreement with Experian. There is, IMO, a good argument to say that you had no idea that BG was acting as data controller and, if you had, you might have made different decisions.

Next is to look at accuracy - the ICO considers a D to be when the relationship breaks down permanently. But that was in 2010 according to the data they reported, but you left the property in 2009 and told them at the time. So who was the account holder after you left? If it wasn't you then the D is inaccurate because the debt wasn't yours. If that's the case then that is by itself a good reason to have the D removed.

I would also look at the reporting period. If you were billed quarterly but BG recorded a monthly payment history, then IMO that would support a claim of inaccuracy because BG was reporting something that didn't exist (a monthly credit account).

Pity your CoA letter isn't recorded on your SAR. As for notices, there is no need to send one. The ICO only recommends service of a notice of intent to file a default (which is not a default notice); it is not a statutory requirement. However, what is important is a notice informing you of BG's intent to act as data controller. If there was no 'fair processing notice' served then you stand a chance of getting the D removed.

I would run this past BG again and then on to the ICO if you get no joy. The ICO may well refuse to agree with your position but if you appeal it may cause BG to back down - it did in my case.

[isalter]

Re: british gas defaults

thanks very much

i have been told yesterday that my complaint has been sent to the data protection dept which is funny as thats where i sent the letter in the first case i sense more run around

interestingly though the south african woman who told me this did no security checks at all only asked my name i guess once your accounts closed data protection does not matter

i will see what happens with this then take a look at your suggestion and if all else fails ill send a begging letter to sam laidlaw

[isalter]

Re: british gas defaults

ok update on this

i have had my complaint turned down on the grounds that
You were on paperless billing and thus it was your responsibility to check your email.

i checked my email back to 2009 i had no emails from bg stating i was in arrears etc

seems like more smoke and mirrors

no response on the question of them being data processors

looks like more letters needed

[isalter]

Re: british gas defaults

do you have a copy of the letter you used when approaching the subject of not being informed of bg being a data controller

not sure what part of the dpa to reference

thanks

[Lord_Alcohol]

Re: british gas defaults

You just need to look at Schedule 1 Part II(1) and the interpretation at 2(3);

http://www.legislation.gov.uk/ukpga/1998/29/schedule/1

It isn't your duty to check what's happening - it's up to the data controller to make sure you understand what is happening. Refer to Schedule 1 Part II 2(1)(a). It's in black and white.

Have you referred to the ICO yet?

[charitynjw]

Re: british gas defaults

You could also check to see if the transfer of data to another country is kosher (ie does that country have an adequate level of data protection).

http://www.ico.org.uk/for_organisati...ple_8#adequate

http://europa.eu/rapid/press-release....htm?locale=en

[isalter]

Re: british gas defaults

hi

havent refered to anyone yet as its still in british gas complaints process

recieved an email claiming they had sent all required notices via email as i was on paperless billing and then backtracked and said no they did it via post but i have a sar and they did neither according to the sar so im still arguing this fact at the moment

so if someone is dealing with my complaint without asking me any security questions is this a breach

[Lord_Alcohol]

Re: british gas defaults

Well you can see how British Gas do not give a monkey's about DPA - they do exactly as they like.

If I were you I would get your complaint in to the ICO. BG will take that seriously at least.

[enquirer]

Re: british gas defaults

i have had my complaint turned down on the grounds that
You were on paperless billing and thus it was your responsibility to check your email.

This is why, besides increased profits, that they all push paperless billing so hard. No trail, no trace, complete deniability.