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    • Most contracts are subject to the Consumer Contracts Regulations 2013 which provide that you have a cooling off period of 14 days when you make a contract online or off premises. Unfortunately there are various exemptions and insurance contracts is one of them. It's hugely unfair in my view. Obviously if the insurance cover has already started then it may well be fair – but for a contract to start and insurance cover in the future, it seems to me that there should be a right to cancel at least until the beginning of the cover. So the answer is – yes they are entitled to levy a charge although that charge has to be reasonable and to reflect their administrative losses caused by your breach of contract. £29 sounds a little bit on the steep side and you can make an issue of it if you wanted. That means that you could require them to give you a detailed breakdown as to how this reflects their administrative losses and if you felt that you disbelieve them, you could decide to issue a claim and take it to the Small Claims Court. I would say that in the event there is a very high chance that they would back down simply because it wouldn't be worth their while to defend – but you can't bank on this and it would be a risk to you.  
    • Yes please - as requested above please will you post the claim form and the judgment in pdf format
    • Hi,   I searched online for an insurance company using compare the market. Sheila's wheels came out with the best quote so I telephoned them to arrange the purchase. After I had paid out the initial amount of £70 and agreed a direct debit I then cancelled my soon to expire Insurance policy. I immediately received an email from that insurance company informing me I no longer had my no claims bonus due to an accident last June. I telephoned Shelia's Wheels to explain that I had made an error, instead of 3 (which I had put on my original agreement), I had now been informed I had none. They put the policy up by another £300, so I asked to cancel. They now want to charge me 29 pound something for cancelling. I made the mistake with the no claims bonus because compare the market keeps a record of my information & this was what was in that information about me, including the date of my accident.    Do they  have a right to charge me? My insurance would have taken effect on the 15th November 2019.   Thank you.
    • I'm on happy pills (anti depressants) but they aren't cutting the mustard anymore and I do need to see my GP soon to see if he can help in anyway. With regards to gambling it's so complicated; through my life I have made money (as well as having had some jobs)  being a "professional gambler" (gambling where the odds are in your favour - think card counting for example, fruit machines years ago for a long time.... Other things.) But I've also been totally compulsive at the same time. It;'s so entrenched in my psyche that it's hard to imagine just giving it up totally. I also have drug issues that have plagued me and it's a shame because I am fairly intelligent and could have been successful in life in theory but mainly due to those two things (and not really having any drive, ambition, whatever... I could go on and on but this isn't a therapy forum :P) I've not managed to. I'm 36 by the way. Cheers
    • Oh I just remembered I have a long defaulted account with Halifax balance approx £3700 I believe (from around 2015) but they aren't chasing me for it or anything. It was actually over £5000 but they refunded me a load of unfair charges (their words)  This does however push me over the £20,000 limit for a DRO I think?  
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Here is one for the Consumer Action Group and for the mods. Can you provide a proper link to the following legal case for all future reference just like a SARS request, or is that too difficult? Its the well known case of Lisa Ferguson v British Gas Trading Ltd, a must read for all.

 

 

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

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Why?? You cannot list every major court judgement. That is why you have Google and the British and Irish Legal Information Institute (BAILII)

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Again , no one asked to quote all legal cases, just the most important one that considers Utility companies. Have you read it? Do you know of any other legal cases you could add?

 

 

When you quote law the CAB software attempts to place a link that makes a nonsense of the legal quote. So your software needs to reflect on such matters to make it clear, easy to use for all consumers etc.

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Every Appelate court decison is important as it sets legal precedent on the lower courts

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]Here is one for the Consumer Action Group and for the mods.[/b] Can you provide a proper link to the following legal case for all future reference just like a SARS request, or is that too difficult? Its the well known case of Lisa Ferguson v British Gas Trading Ltd, a must read for all.

 

 

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

 

You have already provided one above ?

 

 

Andy


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Thank goodness two ladies have the courage to take big energy company and Banks on with respect to Harassment.

 

 

Link http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html and

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html .

 

 

Why is it this website does not recognise their efforts which benefit all.

Both case are a must read

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Another legal case precedent to do with harassment. http://www.bailii.org/ew/cases/EWCA/Civ/2007/1492.html

Can the mods please set up a library of this and other such cases with a link to help others?

 

 

To keep posting links in inefficient. Can someone please help sort the problem out?

 

What would you like the mods to do, Mike? We're aware of the Sheila Ferguson case and have quoted it in the past.

 

If you want to draw the mods' attention to something in a thread, you need to report it. We can't be everywhere all of the time.

 

HB


Illegitimi non carborundum

 

 

 

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What would you like the mods to do, Mike? We're aware of the Sheila Ferguson case and have quoted it in the past.

 

If you want to draw the mods' attention to something in a thread, you need to report it. We can't be everywhere all of the time.

 

HB

 

 

As I started this thread due to the lack of such legal case law information can you explain why it has a disingenuous link to British Gas Help?

Was it approved by the mods?

 

Can you advise when this was link was added and why?

 

This site has links to sar , county court and other such links . Why not leading case law on utility companies. There is excellent stuff on here.

 

 

 

So many question . Time to have the answers please.

Edited by Andyorch
Personal remarks removed against ST

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For all those reasonable people out there, I have provided the following "Legal case authorities" on harassment , which is a criminal and civil offence.

 

 

These are the leading cases although these will lead you to other such cases:-

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html- Roberts v Bank of Scotland Neutral Citation Number: [2013] EWCA Civ 882 - a bank customer whom it harassed by repeated telephone calls.

Please note : Theresa May was famed for her harassment and bullying in her time at the Home Office. Bear that in mind when placing your X on the ballot paper in the local and general election on Thursday and the 8 June 2017.

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html- Ferguson v British Gas Trading Limited [2010] 1 WLR 785, - the defendant supplied gas to the claimant until 25 May 2006.

 

http://www.bailii.org/uk/cases/UKHL/2006/34.html- Majrowski v Guy's and Thomas's NHS Trust [2006] UKHL 34; [2007] 1 AC 224,- a clerical worker claimed damages for harassment by his departmental manager.

 

http://www.bailii.org/ew/cases/EWCA/Civ/2007/1492.html- Sunderland City Council v Conn - [2008] IRLR 324,- a paver employed by the Council alleged harassment by his foreman.

There are other harassment cases , including one in the lower county court not reported but the details are important:

 

 

Christopher Poncelet v Npower [2010] Northampton man takes NPower to court and wins

A Northampton man has secured what could prove a landmark ruling against energy giant NPower, and won damages after enduring years of incorrect billing and harassment by debt collection agencies.

Christopher Poncelet waged a lone battle against NPower for over three years after a succession of incorrect electricity bills led the energy firm to demand payment for money he did not owe and enlist a succession of companies to recover the debt. Mr Poncelet finally lost patience after NPower blocked his attempts to switch to another supplier and he decided to take the matter to court.

Northampton County Court ruled in the consumer’s favour on 13 September, criticising NPower for failing to resolve the issue and awarding Mr Poncelet £3,000 in damages for the persistent harassment he faced over a protracted period. Judge Bray described NPower’s conduct as: "the oppressive and unacceptable conduct of a large company over a small individual" and repeated the words of Lord Justice Jacob in the case of Ferguson v British Gas, saying: "It is one of the glories of this country that every now and again one of its citizens is prepared to take a stand against the big battalions of government or industry."

The judge also ruled that Mr Poncelet could switch his electricity supplier from NPower to a new supplier. Sarah Canning of Franklins Solicitors, the legal firm representing Mr Poncelet, said it was one of the worst cases of company insensitivity and poor customer care she had ever dealt with. 

"Mr Poncelet received no fewer than 15 inaccurate bills from NPower, faced demands for money that was not owed on 11 occasions, and had to endure 14 attempts by debt collectors to recover money," she explained. "This wasn’t an ‘automatic billing error’ by NPower and involved harassment that required human agency involvement on repeated occasions. It is rare, if not unique, that a consumer manages to secure not just damages against a major utility provider, but a judgment of harassment."

Mr Poncelet, a British software developer with a US company, works American hours, meaning considerable overnight working. His problems started when he noticed that NPower had transposed low-rate overnight electricity costs for higher daytime tariffs. Although he successfully persuaded them to correct early bills, the practice continued quarter after quarter and led to incorrect demands for outstanding payment and interest charges. Faced with visits from debt collection agencies, warnings that a pre-payment meter would be fitted and threats to cut off his power supply, Mr Poncelet attempted to switch to an alternative supplier. He admitted to being at his ‘wits end’ when his preferred new supplier refused to accept him because of his so-called "outstanding debts".

"I was left with no choice but to take the matter to court to try and end this situation," explained Mr Poncelet.  "I had exhausted my patience and energies trying to combat NPower’s billing system and couldn’t take any more."

Following the judgment, Mr Poncelet said he was just relieved that other consumers would now not have to go through the same harassment that he had endured.

Posted by: Franklins Solicitors LLP

 

 

 

 

I have also provided a link to the UK law on Protection from Harassment :-

http://www.legislation.gov.uk/ukpga/1997/40/contents- Protection from Harassment Act 1997 1997 c. 40

 

 

That makes 3 Utility companies who have been or are involved in harassment over many years. Do you know of others?

I hope others find this useful. It is free.

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British Gas up to their old tricks again on harassment . Story extract from 7 May Sunday Mirror:

 

 

 

 

" OAP taken to court over unpaid energy bill despite having no heating or hot water for 17 YEARS

 

British Gas claims 74-year-old Dr Roland Graf owes nearly £200 in standing charges and debt recovery costs, even though his supply was cut off in 2000.

The 74-year-old retired hospital consultant has been taken to court three times over the case with the claim by the energy giant being thrown out twice, and abandoned a third time. "

the full story here http://www.mirror.co.uk/news/uk-news/pensioner-taken-court-over-unpaid-10368081

 

 

 

 

Have British Gas not learned the lesson handed out by Lisa Maria Ferguson?

All have been warned about these cowboys and their repeat law breaking.

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