How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

British Telecom has defamed me by placing a defaulted account

Resolved Question:

British Telecom has defamed me by placing a defaulted account on my otherwise excellent credit report. I had no financial responsibility for that account. It was set up by BT because they asked me to help them to trial a new version of broadband. Although the account was set up in my name, they were supposed to deal with all of the charges and costs but failed to do so. I have many emails between myself and the BT Trials Team relating to this.
They removed the erroneous account in August but have since reinstated it.
By making this information available to third parties via my credit report I feel that they have libelled me. I think this has resulted in higher interest rates on credit cards and almost certainly resulted in a recent application for a loan being refused. It was at that point that I obtained my credit report and discovered this account.
I am now paying monthly for access to credit reports to help me deal with this matter. In addition I am paying for phone calls and written correspondence as well as this matter taking up a large amount of my time.
What remedy do I have for this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you have anything in writing from BT saying you had no responsibility for the financials ?
Customer:

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.

Customer:

The account was eventually settled but the Equifax report shows many missed and late payments.

Alex Watts : Ok so you have it in writing, what do you want to achieve - the defaults being removed I assume?
Customer:

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.

Alex Watts :

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.

Alex Watts :

If they do not then you need to issue proceedings.

Alex Watts :

You need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

Section 14 of the Data Protection Act states

Alex Watts :


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.

Alex Watts :

Therefore the Court can order they rectify the data held by the credit agencies

Alex Watts :

You can also claim compensation under Section 13

Alex Watts :

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.

Alex Watts :

The Court will issue the claim and will be sent to the other side.

Alex Watts :

There will then be a hearing and a Judge will decide whether to make an order

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thanks. This all seems quite clear.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions