Can I take British Gas to court?

[dash145]

Hi,

 

I have a very long ongoing problem with British Gas regarding my electricity account & I was now wondering if I can take them to court, so I'm hoping I might get some advice.

 

Here's the problem.....

 

For many years (at least 6yrs) I have been receiving large electricity bills, which I have queried with BG, as I kept getting bills with multiple readings & charges for my single electric metre.

 

The problems started after BG wanted to change our old meter for a newer up to date metre back in 2009. We had an engineer turn up on the agreed morning, but he wasn't qualified to change it, so he came back in the afternoon with another engineer, who again was not qualified, so a third engineer came the next day & he did change the meter. So we had 3 engineers come out but only only one metre was replaced, by one engineer, but it turns out that the other 2 engineers, who were unable to change the metre, were logged as having changed the metre, so according to BG we had 3 electricity meters, but only actually had 1.

 

We never noticed that our bills were wrong at first, but we had a G4S metre reader ask to read the metre, which we allowed, but he then asked where were our other 2 meter's, just to then say they all had the same metre number, so just put the reading in 3 times. He then suggested that we check our bills as he thought we would be getting billed too much, which we were. I rang BG at the time but I kept getting told that they had sorted the problem & our future bills would be correct, but they never were. I rang back at one point & spoke to a Customer Service Manager, who went on to call me a liar & told me I was 'Sub-letting' our property & that we did have 3 meters, this was even after him seeing photo's of our metre, he even told me to 'f-off' at one point & refused to take my calls.

 

So I have kept on for years calling & emailing BG regarding the problem & I eventually got speaking to someone, back in July this year, who admitted I was being wrongly billed & that also admitted I was being billed for 3 meters not just the one. This person has now after a couple of months got our bills showing as just having a single supply, after having 2 removed from the National Database, which is great. However BG are still dragging there feet about confirming how much they owe us & are telling me I shouldn't expect much in the way of compensation. I was told by this person in an email that they would have the figure sorted out by 21st September 2015, but it wasn't, they decided they needed it confirmed by G4S that we did indeed only have 1 metre & that someone would be out to confirm this on the 30th Sept, so I said ok.....the person never turned up. I spoke rang again on the 2nd Oct, when I was told they never got the confirmation, so they had to again arrange for someone to come out on the 23rd Oct & they did indeed turn up this time. I had to ring back on the 30th Oct., a date confirmed via email, but the person who made the appointment, the person I had been dealing with for months, wasn't there, he was on holiday & wasn't due back until 9th Nov., so I saw red & was furious & ended up getting his manager involved. The manager tried to dodge helping me by saying he was unable to access details of my problem & could not get the confirmation email regarding my single metre, but I kept on at him & he ended up finding a way of getting the information after a couple of days. I was told by him that they had the confirmation & now they needed to workout the over payments, less VAT (which I have overpaid), so asked if I could ring back on 9th Nov., when they should have the amount......still no figure when rang. I was asked to ring again today, 20th Nov. & was told they would have the figure sorted, but also said I was only able to expect £20 compensation, for calls not resolved & that I shouldn't expect anything else.

 

Now I know that's all long winded, but in all the time this has been going on I have been called a liar, been told to 'f-off', I have had to change all our phone numbers as BG passed my account on to Lowell's debt collectors, who rang loads & also sold our ex-directory number to others & they would not accept the account was in dispute. I have had someone from the courts out threatening to cut off 'ALL 3' electricity supplies, but who only found 1 & couldn't disconnect as I am disabled & so is one of my children. BG have destroyed my credit rating so much I couldn't get credit anywhere, so I have to save to buy anything we need. they have also said that any money owed is repaid less the VAT we paid at the time & we cannot have any interest on the money, even though we would have gained some interest over the years.

 

So back to my main question, Can I take British Gas to court?

 

I'll try to answer any questions that might help you give better advice, if you have any questions that is.

 

Any help or advice would be appreciated.

 

Thanks

Edited November 20, 2015 by dash145

[Conniff]

Hello dash. Can you estimate or say with any certainty how much you think they owe you ?

[dash145]

Hi Conniff,

 

Thanks for the reply.

 

They have told me that I am owed at least 12,800 units worth, just off one of the added meters & that I was charged £6.800 over the many years, where the bills showed triple readings/charges for the single metre we have, so if I had to guess it's over £1000 & could be anything up to £4000. We don't really use a lot of electricity as we tend to be out a lot of the time, but we did have a winter bill which was for £750 for 3 months, so I think that sort of gives an idea of how bad our bills were.

 

I hope this helps.

[andydd]

Yes you can. But what for ?

 

It might help if you could summarize the first post, its a bit complicated.

[citizenB]

Yes you can. But what for ?

 

It might help if you could summarize the first post, its a bit complicated.

 

It would appear that the OP is being charged for 3 meters when he only has one.

 

Apparently 3 engineers over two days turned up to install a meter they were not qualified to install . However, they ALL logged that they had installed the meter number 12345678 and subsequently British Gas has registered that there are 3 meters on the property. Despite having been told there is only one meter on the property when the readers turn up.. they simply put the same meter reading in 3 times and BG charges OP for that amount of electricity.

[neil6534]

why would any repayment of any of your overpayments be "less vat" - surely all your overpayments included vat which should also be repaid?

[dash145]

Hi,

 

Sorry, I know it is complicated, but to summarize.....

 

I have been over charged by British Gas for years on my electricity account, which they admit.

 

I have been told that they have the figures of what is owed since September but keep coming up with excuses as to why the won't give me the figure. So far I've had 4 different dates.

 

I have been accused of lying about my electricity supply, ie. I was falsely accused of sub-letting rooms in my property, so that's why I was being charged 3x for my single metre.

 

I was told to 'f-off' by the manager, who accused me of the above.

 

They have stated that I can expect no sort of compensation other than goodwill gestures of £20 for calls made, where problem not resolved. They also say Iwon't get any VAT back which was wrongly paid in the first place.

 

They have caused me to have a non existent credit score, thanks to the high bills, which I could not afford to fully pay. This caused my account to be passed to Lowell debt collectors, which included all my contact phone numbers, which included our ex directory landline, so we started receiving nuisance calls.

 

We had a court official out to disconnect our "3" electric supplies, only to find we only had "1" supply & he did not cut that off as I'm disabled & have a disabled child.

 

So basically, I'm fed up with being messed around, having been told 4 times to expect the figure to resolve this problem & the last straw came today after being told they still didn't have the figurem even though I have another email stating it will be ready. So I was advised by a friend I might be able to take British Gas to court, to claim back money over paid & also compensation for all the calls, emails, time & hassle we have suffered, but wanted to try & find out if this was true.

 

So I hope this summarized version makes it easier to read & understand, as I know my main post was long winded.

 

Thanks

[dash145]

why would any repayment of any of your overpayments be "less vat" - surely all your overpayments included vat which should also be repaid?

 

That's one thing I questioned them myself about, but they just tried to dodge the subject.

[dash145]

It would appear that the OP is being charged for 3 meters when he only has one.

 

Apparently 3 engineers over two days turned up to install a meter they were not qualified to install . However, they ALL logged that they had installed the meter number 12345678 and subsequently British Gas has registered that there are 3 meters on the property. Despite having been told there is only one meter on the property when the readers turn up.. they simply put the same meter reading in 3 times and BG charges OP for that amount of electricity.

 

That is exactly what I should have said, but I get tongue tied...so thank you for that better summary

[citizenB]

You are welcome

[dash145]

The main reason I have now decided to find out if I can take this to court is thanks to my feeling so sick of being constantly fobbed off by British Gas, a company who just keep changing things/dates to suit themselves. Also I think I have been more than patient enough with them, especially my giving them 2 months over the first date they said they had all the figures needed & the date they said it would resolved. I am hoping that my taking them to court will put an end to what has been a very, very long stressful nightmare. I myself go out of my way to try & have my energy bills paid on time, but the ridiculous electric bills were way more than I could have ever paid on time, so surely a huge company like British Gas can pay back my over payments made to them a bit quicker, instead of dragging things out longer than needed.

[dash145]

Here's something that's just happened.....

 

I just logged in to my BGas account to check my gas bill, just to find that BGas have just added £1438.79 to my electricity account, but they did this without contacting me as agreed, so I could check there figures & also there has been nothing agreed about my compensation.

 

What should I do?

[dash145]

I have just received the following email at 8:18pm

 

"Hi Mr Xxxxxx

 

All details have now been updated and the credit applied which has left you in credit by a significant margin

 

Please call in Monday to discuss this and hopefully resolve the issue.

 

If you’d like information about our complaints handling procedure you can view a copy by either going online at britishgas.co.uk/energycomplaints, or by getting in touch and one of our advisors will arrange to send you a copy free of charge.

 

Xxxxxxxxxxxx

 

Team Manager

 

British Gas"

 

I'm not happy at all.

[andydd]

Not sure I still follow this.

 

You talk of credit, is your account in credit and you would like that amount refunded to you ?

 

You cant just take someone to court because they have messed you about BUT there are some options.

 

1) For the civil offence of Harrasment, see here > http://www.out-law.com/page-9826 an important case involving BG.

 

2) For damage to your credit rating, I.e because your credit was poor you couldnt get a loan, etc, This case is a very well known one > http://www.theguardian.com/money/2014/mar/26/supreme-court-victory-hsbc-pc-world and he has posted here

 

3) For return of any money in credit and 8% interest.

[Conniff]

Don't forget the 8% and make sure any VAT paid is also included.

[dash145]

Not sure I still follow this.

 

You talk of credit, is your account in credit and you would like that amount refunded to you ?

 

You cant just take someone to court because they have messed you about BUT there are some options.

 

1) For the civil offence of Harrasment, see here > http://www.out-law.com/page-9826 an important case involving BG.

 

2) For damage to your credit rating, I.e because your credit was poor you couldnt get a loan, etc, This case is a very well known one > http://www.theguardian.com/money/2014/mar/26/supreme-court-victory-hsbc-pc-world and he has posted here

 

3) For return of any money in credit and 8% interest.

 

 

 

Hi,

 

My account has only been in credit with weekly payments I have made myself to try to lessen the impact of the past high bills, but on Friday evening just after 8pm, there was a refunded of £1438.79 placed in to my BGas account, but this amount has not been checked or agreed by me & went in without any sort of notice.

 

I was asking about court action, as I have been billed for 3 meters, but I only have 1 metre & I have suffered abuse from a BGas manager, debt collectors & various other issues, as earlier mentioned & this has been going on for years. I was told back on Sept 21st 2015, that they knew how much they owed me but kept coming up with excuses & never offered payment. They then told me on 3 other occasions that they had it all sorted & knew how much they owed, but never told me & never offered payment, so I am so fed up with it all I was told I could take them to court but I thought I'd double check that here first, hence my post.

 

I have been informed that this money is a refund for my over payment, but they have said several times I will not get the VAT added in my refund, even though I paid it to them, but I have to ring today & give an idea of how much compensation I think would be fair.

 

So has anyone got any idea what they think is a fair amount to ask for? I have read a story of a man in a similar situation where he was over charged for 4yrs & got £2000 compensation, but only after he was going to take his case to court, so do I ask for more as my problem has had more problems & has gone on around seven & a half years.

 

Any advice would be appreciated.

 

Thanks

[Conniff]

You must get the vat back, they will have reclaimed it as it is the end purchaser who pays the vat.

 

Were the bills you received all lumped into one or were the bills separated into three different colums, one for each meter ?

 

You can't put a figure on anything until you can work out how much you have overpaid.

[dash145]

Hi,

 

The bills were shown as 3 separate charges on some & only 2 separate charges on others (why I don't know), but they claim that the over payment came to a total of £1438.79, but they have failed to show how they came to this figure, even though they said they would email all of the details. I will make sure I get the VAT back & I am going to push for this missing email which confirms the figure so far.

 

They have now asked me to come up with a figure for the compensation I think is fair, but I am at a loss of what to ask....some people asked say £3000, others more & some slightly less, but I have never been in this situation so I don't want to sound greedy, but don't want to under estimate.

 

Any advice?

 

Thanks

[andydd]

Still not that clear.

 

So BG have asked you what compensation figure you believe is fair ?, I doubt anyone here has any idea, depends on how much you have been inconvenienced and how much you consider your time is worth.

 

Not sure we know how much Mrs Ferguson got in her case against BG, but BG had to pay £30k costs - http://www.out-law.com/page-9826

 

I would of thought that the last bill would show how BG calculated the £1438.79 amount, do they refuse to tell you how it was calculated ?, do you think they owe you more ?

[dash145]

Hi,

 

Yes BG have asked me what I think is fair, yet they have also said they don't give compensation, but a "Possible, Good Will Gesture", but that may only be £20 per call made regarding my unresolved problem.

 

I checked the online details re the £1438.79 & it was added as a single credit, without any sort of breakdown, that's why I've kept asking them for the breakdown.

 

I tried to ring a manager earlier at a prearranged time, just for him to not be found anywhere, so I have via email arranged a time this evening to talk to him.

 

I'll add an update later to let you know what was said, hopefully it will be good news.

[dash145]

Hi again,

 

Well here's a quick update....

 

I was offered.....£150 ......Yes that's correct £150, for years of incorrect bills, my having to change phone numbers, debt collectors ringing & knocking, a court official coming to disconnect my electric supply, not to mention all the stress caused to myself & my family.

 

I was told that was all he could offer & he would have to now take things to a higher office of people who could possibly offer higher, but chances are won't. So I said I would end up having to take things to court should a much higher offer not be made, I've suffered for years so what's a little bit longer.

 

As for the refunded amount, they are going to finally sort out copies of the past bills for me to look through & I'll compare figures.

 

So that's it so far.

[andydd]

You need to have a definitive figure of what they owe you/you owe them ?. Can you calculate this yourself ? (I recently did about a years worth of FU bills and its not easy !).

 

Well if they are offering £150 you are on the right track, perhaps making noises towards starting court action will get things moving ?

 

Andy

[dash145]

Well, here's the latest from BG.

 

They are still only prepared to offer £150 compensation so I feel I have no other option but to take this to court, but I'm not sure exactly how to go about it, so any ideas on what I need to do? Do I just complete info of what, why & who I want to make a claim against via the online system on the .gov.uk website?

 

Any advice would be appreciated.

[andydd]

I still dont fully understand the situation

 

Do BG owe you money or do you owe BG ?

 

I assume that any claim would purely be for harrassment sand not the return of any monies owing ?

 

If you still owe money than any claim for harrassment is going to be hard to prove.

 

Yes you can make a claim for damages for harrassment online, Im not sure if it would automatically fall into the remit of small track, I assume so. You would need to refer to any legislation that supports your position, the loss you have incurred, including money to compensate for distress, harrassment, etc

 

I would of thought Ferguson v British Gas would be of great importance > http://www.davidmarq.com/bama/Harrassment%20Ferguson%20v%20British%20Gas%20Trading%20Ltd%20%5B2009%5D%20EWCA%20Civ%2046%20(10%20February%202009).htm

 

I believe Im correct in saying the above was an Appeal by BG against a lower court decision NOT to strike out the claim, the claim then went ahead but I believe was settled before the actual full case.

[dash145]

I still dont fully understand the situation

 

Do BG owe you money or do you owe BG ?

 

I assume that any claim would purely be for harrassment sand not the return of any monies owing ?

 

If you still owe money than any claim for harrassment is going to be hard to prove.

 

Yes you can make a claim for damages for harrassment online, Im not sure if it would automatically fall into the remit of small track, I assume so. You would need to refer to any legislation that supports your position, the loss you have incurred, including money to compensate for distress, harrassment, etc

 

I would of thought Ferguson v British Gas would be of great importance > http://www.davidmarq.com/bama/Harrassment%20Ferguson%20v%20British%20Gas%20Trading%20Ltd%20%5B2009%5D%20EWCA%20Civ%2046%20(10%20February%202009).htm

 

I believe Im correct in saying the above was an Appeal by BG against a lower court decision NOT to strike out the claim, the claim then went ahead but I believe was settled before the actual full case.

 

Hi,

 

British Gas have only recently admitted over charging my electricity account since 2007, something I have repeatedly contacted them about over all the years concerned.

 

However, over all of these years I was not always able to pay the extra high bills I was receiving on time, so this ended up affecting my credit score, which is now fairly non existent thanks to the years of the large bills. BG then passed on my details to a debt collector, giving out all our private phone numbers, including our ex-directory land line, but this company sent many threatening letters to go along with the constant calls, the company even sent a court official out to disconnect our electricity supply, but non of this would have happened had I received the correct lower bills.

 

I have also had a BG account manager call me a liar & accused me of sub-letting my house, plus he even told me to f-off, which I would say is fairly abusive & unacceptable.

 

I have always went out of my way to get my bills paid on time (when possible) & I pay money in to both my gas & electricity accounts weekly, to try to lessen the blow of the high bills, so I'm normally in credit & don't owe anything.

 

I had predicted that I was owed anything from £1000+ & BG ended up a week ago coming up with the £1438.79 figure, which I do feel may not be correct, but we are so fed up with it dragging on we just agreed to the amount. However, when it came to compensation BG offered a maximum of £150 & said that they would NOT pay anything for the harassment we suffered from the debt collectors they passed our details to, they also said that they would not compensate for the abuse from the account manager who called me a liar & who told me to f-off. They are not prepared to compensate for all my time making the many, many calls, emails & letters I had to do over the many years.

 

So I am now wanting to find out how I can take court action to get a more fitting amount of compensation which we think is fair, but not trying to be greedy with a stupid figure. I have read several similar cases but where the people had not suffered as long a time, nor have they had quite as bad abuse & they have been getting around £2000 upwards, but as I say I'm not trying to be greedy & I asked for £2500, which they rejected instantly.

 

Are there any sort of specialist solicitors I can talk to, or can I just take this through the courts myself?

 

I hope that helps make more sense & thanks for the help.