@britishgashelp Harassment from British Gas on a £10k bill NOT MINE!

[GC70]

Hello,

 

For over a year, a major utility company has demanded over £10,000 from me which I do not owe! Over last year, they sent almost 100 letters requesting payment or communicating about my "account". They sent 9 letters in December alone. A request under the data protection act showed that they do not have a contract with my name on it, but changed the name on another account to mine on the say-so of a malicious third party. I have told them this repeatedly. They respond vaguely, then just send more bills.

 

So I want to strike back and hit them for damages for harassment and the stress and anxiety that this causes. They need to be taught a lesson.

 

The question is, what damages should I claim? Too small and it won't hurt them enough. Too big and I'm not sure if the courts would support it. Any ideas anyone? What about an amount equal to the amount they are falsely claiming from me?

 

All input gratefully received.

 

GC

[BankFodder]

Who is it? - or are you trying to protect them?

[GC70]

I'll keep their name quiet until I launch action against them, then will report back

[nohope]

It would help if you said who it was as other people may have dealt with them and no what you need to do..

[GC70]

British Gas

[nutter192]

Have you checked Ferguson v British Gas, this was a major harrassment case similar to your own and she took them to court and won as she didn't owe the money.

[simon_71]

Yes, I am aware of that case although it didn't actually go to court so there is no record of the settlement. All that went to court is that British Gas tried to get the case struck out as an abuse, but Miss Ferguson was given the all clear to press her case. BG then settled out of court.

 

Hence my original question - what should I demand from BG for damages if I were to press a case. Just threatening them that I will take legal action just makes them go quiet (and then send some more bills).

 

Simon

[nutter192]

I will leave the figures to request to others however it seems in Ferguson v British Gas it was most likely a multi track claim as both sides had costs.

 

If you want to claim more than £5000 then its multi track however the small claims limit is going up in April to £15000 therefore enabling you to claim a higher figure without the risk of costs should you submit a court claim. Issuing the claim may allow negotiations to follow.

[KerryB]

I have a similar case, BG have been chasing me for the past 4 years with a bill that is nothing to do with me. i have spent 11 hours - 26 phone calls - over 30 emails telling them this they have admitted they made a mistake and the bills are not mine. i have documented the communications. they have said to put in a claim for compensation but i don't know how much i should be entitled to? can anyone help?

[Gbarbm]

Would this be of any help....

Who can help resolve a complaint other than the energy company it concerns?

The Energy Ombudsman (now known as the Ombudsman Services: Energy) can investigate complaints for domestic and micro-business consumers that the energy supplier or network operator cannot resolve. They can normally deal with a complaint if it has been with the energy company for 8 weeks or if the company has declared the complaint deadlocked (i.e. they have said they can do no more) whichever is the earlier. The Energy Ombudsman can ask your supplier or network operator to apologise and can take practical action to resolve a complaint and, in some cases, make a financial award.*

You can contact Ombudsman Services: Energy via:

*

Telephone: **** 0330 440 1624 or 01925 530 263

Fax: *** *********** 0330 440 1625 or 01925 530 264

Textphone: **** 0330 440 1600 or 01925 430 886

Email: ************ enquiries@os-energy.org

Website: ******** http://www.os-energy.org

*

There is also an online complaint form and enquiry form.

[2Grumpy]

I have a similar case, BG have been chasing me for the past 4 years with a bill that is nothing to do with me. i have spent 11 hours - 26 phone calls - over 30 emails telling them this they have admitted they made a mistake and the bills are not mine. i have documented the communications. they have said to put in a claim for compensation but i don't know how much i should be entitled to? can anyone help?

 

That would be 11 hours plus research & extra stress. Do you know if they updated your credit files as well? That would be worth another few grand.

[rebel11]

The important thing is to keep a diary, all the correspondence, phone calls and to show that you've taken reasonable steps to stop the 'Harassment'.

[andydd]

Yes, I am aware of that case although it didn't actually go to court so there is no record of the settlement. All that went to court is that British Gas tried to get the case struck out as an abuse, but Miss Ferguson was given the all clear to press her case. BG then settled out of court.

 

Hence my original question - what should I demand from BG for damages if I were to press a case. Just threatening them that I will take legal action just makes them go quiet (and then send some more bills).

 

Simon

 

Truye but it is often mentioned as a presecedent (the first where a company was made liable for harrasment instead of an individual).

 

Heres an example I've come across (interesting to me as it involves my freeholder/landlord !) > http://www.residential-property.judiciary.gov.uk/Files/2011/April/10002QUQ.htm

 

Heres the BG v Ferguson case (although it was 'settled' out of court) > http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

 

Id cvertainly mention it in any correspondence with BG !

 

Andy

[simon_71]

I will leave the figures to request to others however it seems in Ferguson v British Gas it was most likely a multi track claim as both sides had costs.

 

If you want to claim more than £5000 then its multi track however the small claims limit is going up in April to £15000 therefore enabling you to claim a higher figure without the risk of costs should you submit a court claim. Issuing the claim may allow negotiations to follow.

 

That's interesting. I've still no idea what to hit them with, but perhaps the same amount as they are falsely claiming from me, which is upwards of £10k. Maybe I should wait for the small claims limit to allow that - or maybe that will be interpreted as not being that bothered!

 

Simon

[andydd]

That's interesting. I've still no idea what to hit them with, but perhaps the same amount as they are falsely claiming from me, which is upwards of £10k. Maybe I should wait for the small claims limit to allow that - or maybe that will be interpreted as not being that bothered!

 

Simon

 

Its unlikely that any damages you have had would warrant an amount of more than £5000 anyway, I think in the Ferguson case there was a lot more to it. If I were you I'd certainly be tempted to make a relatively small claim of perhaps a few hundred, after the Ferguson case BG may be very wary of such claim,s and may even pay up without fighting it or at least make you some sort of offer.

 

Andy

[simon_71]

Its unlikely that any damages you have had would warrant an amount of more than £5000 anyway, I think in the Ferguson case there was a lot more to it. If I were you I'd certainly be tempted to make a relatively small claim of perhaps a few hundred, after the Ferguson case BG may be very wary of such claim,s and may even pay up without fighting it or at least make you some sort of offer.

 

Andy

 

The ferguson case and mine seem similar, although in her case I gather BG kept claiming a few hundred quid after she had changed to a different supplier. I have never been supplied by BG and they are claiming upwards of 10K and have averaged a communication on the subject every 4 days for a year. They have been asked to stop and have been told they are harassing me. Asking them for a small amount would neither persuade them of the error of their ways nor make it worth my additional stress to pursue it.

 

Unless of course they choose to switch to enforcement action, which they have threatened but haven't started, probably because they know they don't actually have a contract with me.

 

Simon

[andydd]

The ferguson case and mine seem similar, although in her case I gather BG kept claiming a few hundred quid after she had changed to a different supplier. I have never been supplied by BG and they are claiming upwards of 10K and have averaged a communication on the subject every 4 days for a year. They have been asked to stop and have been told they are harassing me. Asking them for a small amount would neither persuade them of the error of their ways nor make it worth my additional stress to pursue it.

 

Unless of course they choose to switch to enforcement action, which they have threatened but haven't started, probably because they know they don't actually have a contract with me.

 

Simon

 

Well..of course attempting to claim mlore than 5k in adamges in very risky as you risk losing anmd paying costs which could easily reach tens of thousands, in the Ferguson case, the Judge did waffle on about the wonder of British justice and the small person taking on big companies but that was mostly crap as nearly every sane individual wouldnt dream of starting such a case due to the risk of losing and facing huge costs, it appears Mrs Fergurson was a one-off brave individual.

 

Still you could pursue them for an amount under 5K and ask the Judge that you can claim costs, unlikely, but worth a try.

 

Andy

[angie 16]

Just thinking out loud here,.....I wonder how many customers simply 'pay up' just to get rid of their(BG's) relentless demands.

I personally thought that demanding money with menaces was illegal.

AnyHoo, It should be up to British Gas to offer you compensation for harassment,..and then for you to haggle and up the offer.

A letter every day is certainly excessive, especially when you have repeatedly informed them of their error.

Write to the CEO of Centrica,....It does tend to concentrate their mind,..... and get you to the person you need to be negotiating with.

I know, because I have been there.......

A

[Valleywalker]

Whilst it may be difficult to get the relevant authorities to prosecute, remember that harasment is a criminal offence that also allows for a civil remedy. It is clear from the Ferguson case that the Court considered the actions by British Gas amounted to harassment and that persistently sending demands for money passed the "gravity test" that would warrant a criminal prosecution. It is worth noting the comments of Sedley LJ at para 53 (quote)

"Parliament's intention in passing the Protection from Harassment Act 1997 was to criminalise the kind of serious and persistent unwarranted threat which is alleged here, giving a right of civil action as a fallback. In this situation it ought not to be left to hardy individuals to put their savings and homes at risk by suing. The primary responsibility should rest upon local public authorities which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices." ( my bold type-end of quote)

It may be useful as leverage to remind BG of that (that's if they actually read your correspondence.)

[angie 16]

Whilst it may be difficult to get the relevant authorities to prosecute, remember that harasment is a criminal offence that also allows for a civil remedy. It is clear from the Ferguson case that the Court considered the actions by British Gas amounted to harassment and that persistently sending demands for money passed the "gravity test" that would warrant a criminal prosecution. It is worth noting the comments of Sedley LJ at para 53 (quote)

"Parliament's intention in passing the Protection from Harassment Act 1997 was to criminalise the kind of serious and persistent unwarranted threat which is alleged here, giving a right of civil action as a fallback. In this situation it ought not to be left to hardy individuals to put their savings and homes at risk by suing. The primary responsibility should rest upon local public authorities which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices." ( my bold type-end of quote)

It may be useful as leverage to remind BG of that (that's if they actually read your correspondence.)

 

BG attract heavy penalties from the authorities for this kind of transgression,.....I have pointed this very thing out to them (BG) in correspondence,....yep, you guessed it, NOTHING.

You have to sue.

Either go to small claims (going up to £15,000 this month) yourself,....OR, get yourself an interested practitioner who is au fait with Harassment cases.

A solicitor's letter (for some reason) seems to carry more weight!!

Seemples!!!

A