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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my priority is to have the default removed. Not only is the

Customer Question

my priority is to have the default removed. Not only is the debt not due (which I have in writing from BT's debt collectors) but from what I can see from my albeit amateur research, is that the default would anyway be invalid as a result of all or any of the following?

1. That no default notice was issued
2. That I promptly queried the charges upon demand (and were resolved in my favour)
3. That BT have not complied with the Information Commission Guidelines on default registration, (registered three years after the 'debt' arose, that there was a valid dispute etc)
4. That BT has not provided any information whatsoever in respect of this debt, despite my written requests.
5. That BT has not complied within the statutory time limit, or at all, with my Subject Access Request under DPA.
6. That BT has not complied within the statutory time limit, or at all, with my notice under Section 10 DPA or has not provided a valid reason for non compliance.

Apologies for the lengthy post. I appreciate that for £40 my response might be limited. However your initial view's will be appreciated and particularly some guidance on the next steps re my Particulars of Claim. (I have perhaps in haste, told BT that I will be filing a County Court Claim within the next seven days)
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Have they complied at all with the SAR?
Customer: replied 3 years ago.


No, they have not. I can prove they received it more than 40 days ago. I have also reminded them, directly and in writing.

Expert:  UK-Justice replied 3 years ago.
This does not make the default on your credit file not accurate.

As you know this is not a CCA agreement so they dont need to send a default.

They can do but it is not required.

Just because they have not complied with the SAR etc does not make it invalid.

It may be when you issue proceedings a deal can be done. If you have paid the debt then you can ask the Court to remove the default, if it was wrong.

As such you need to show that the charges were wrong, you were not late or that there is some other good reason.

But by not paying, if you disputed as soon as you got the bill - this may help you.

If you paid all the charges except for the disputed amount the Court is likely to order that the default be removed.

If you failed to make payment or withheld payment then the Court is not likely to rule it be removed.

Ideally you would want an order by consent that they remove it after you issue - that would save any problems.

I only say that as this may not be a small claim matter and if you lost, you may be liable for BT costs.

I hope this helps you.



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Customer: replied 3 years ago.


Thanks. Did you get the first part of my posting?


 


The debt was disputed and I have it in writing that it is not due.


 


The default was registered over three years after the matter was resolved. The 'debt' was incurred in 2009, the default was registered during December 2012 (but back dated to April 2010).


 


What about the section 10 notice, requiring BT to remove the data or provide me with reasonable cause.


 


Will it help matters that the default is for £150, whereas each and every month historic and current I meet over £5,000 of other financial commitments, without so much as a missed direct debit or any other bad credit whatsoever.


 


Thank you


 


 

Customer: replied 3 years ago.


Thanks. Did you get the first part of my posting?


 


The debt was disputed and I have it in writing that it is not due.


 


The default was registered over three years after the matter was resolved. The 'debt' was incurred in 2009, the default was registered during December 2012 (but back dated to April 2010).


 


What about the section 10 notice, requiring BT to remove the data or provide me with reasonable cause.


 


Will it help matters that the default is for £150, whereas each and every month historic and current I meet over £5,000 of other financial commitments, without so much as a missed direct debit or any other bad credit whatsoever.


 


Thank you


 


Sorry I should also add that yes, I disputed the sum immediately upon receiving the bill. I can prove this and that the dispute was, following an investigation, resolved in my favour.


Only the disputed sum was withheld.


 


Is there definitely no requirement for British Telecom to have issued default notice, or for them to have my consent to report to a CRA?


 


 


 

Expert:  UK-Justice replied 3 years ago.
As long as you paid what was owed and did not withhold the whole amount this certainly helps you.

As you say the default is of some age before they put it on then while this does not mean it was illegal (as it is recording a fact) they should have acted within the ICO's guidelines

The S.10 is a red herring - your strongest point is the time and the fact you paid what was owed except for the disputed amount.

I am guessing you will to issue proceedings and then BT will deal with it.

I understand your concern though.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Thanks. XXXXX draft Particulars of Claim can you review and edit these? I accept that this is a separate piece of work. If you are able to do this then can you please indicate your charges?


 


If not, can you direct me to a direct access counsel or advocate who might be able to assist for a modest fee?



Thank you
Michael

Expert:  UK-Justice replied 3 years ago.
Sure.

You can just list this as a new question but please put it for UK JUSTICE ONLY - otherwise someone else might pick this up.

Please remember to rate my answer so far.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.


Yes thank you. I left you feedback and paid hopefully you have received this?

Rather crudely, I filed a claim on money claim online with a brief summary of facts. I am hoping that my act of filing a 'small claim' will prompt them into agreement. I have also filed a complaint with the information commissioner, if bt defend the claim then I will I suppose have to submit a detailed statement. at that point I will ask you to review these particulars is that ok?

Expert:  UK-Justice replied 3 years ago.
That's fine.

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