BG Court claim thoughts on appeal

[Jotaylor]

Can someone help me please.

 

I have been to county court today, I filed a claim against British Gas as they were chasing a bill that we wanted to defend as it was not correct and we wanted to put an end to it as it had been going on for 3 years and they would not deal with our complaint. They then filed a counter claim for the bill amount.

 

We went to court in December were the Judge ordered that they needed to speak to Ofgem and see if they could deal with the issue, it was also ordered not to carry out any enforcement and ordered that they sent requested documents.

 

They did not comply with the court order.

 

The court then relisted the hearing for an update on the order. BG did not turn up and the judge ordered that they paid costs for the day I had taken out of work. It was also ordered not to carry out enforcement, ordered that if they failed to turn up at the next hearing they would award in our favour, it was also ordered again to send relevant documents.

 

They did not comply with this order and the next time we went to court they sent a barrister, and the judge ordered that BG would serve both the court and us a deadlock letter (Which is required for OFGEM to deal with the complaint).

 

They again did not comply and the judge today struck off their defence and counterclaim. He said this may not be the end of it as they can appeal agtainst this.

 

Is this true and would the court allow an appeal

[MARTIN3030]

They are obviously free to try,but on the basis of whats gone on so far,it seems unlikely they would be given it.

[ims21]

Two related posts moved to here and thread tidied

[AndyOrch]

They may try to set a side the order but it must be done within 7 days.As Martin states very doubtful for the amount I would imagine involved.

 

Consider your costs throughout the whole of this claim, not just the hearings.

 

Regards

 

Andy

[asokn]

They could appeal or seek to set aside the order. They have 18 days from the date of service of the order to appeal it (subject to seeking an extension of time) and can apply to set it aside at any time save that promptness is a factor in deciding if the application should succeed. They can also apply for relief from sanctions (i.e. the striking out) and again have an unlimited time to do so subject to acting prompty.

 

There is nothing you can do but wait and see.

[MARTIN3030]

Congratulations too Andy on 10,000 posts.

[AndyOrch]

Congratulations too Andy on 10,000 posts.

 

Thank you Martin

[Jotaylor]

Thank you, they are wanting 6k

[AndyOrch]

Considerable then, can you post up details of your Claim (particulars of claim).

 

 

Andy

[MARTIN3030]

What was the value of your claim btw and was it just monetary /restitution /seeking an order ?

[rebel11]

Hi jo

 

Have they harrassed you over the three years? If so, how have they harrassed you? Have you got evidence?

 

This was a case of harrassment :- http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html