Hi Alex. The initial email from BT states that taking part in the trial is free. When I subsequently received bills from BT for the account I referred them to the Trials Team via email and they told me, in writing, that they would apply the necessary credits to the account.
The account was eventually settled but the Equifax report shows many missed and late payments.
I want the account removed but, currently, BT are refusing to remove it. I also want to be compensated for the costs that I have incurred following this up - cost of obtaining credit reports, phone calls, postage and my time. As BT have made this information available, in writing, to third parties I would like to be compensated for defamation and libel.
You need to write and set out your position and request they remove the data 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not then you need to issue proceedings.
You need to complete form N208
Section 14 of the Data Protection Act states
If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
Therefore the Court can order they rectify the data held by the credit agencies
You can also claim compensation under Section 13
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
The Court will issue the claim and will be sent to the other side.
There will then be a hearing and a Judge will decide whether to make an order
Can I clarify anything for you about this today please?
No thanks. This all seems quite clear.