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Taking Utility company to court for loss of earning and harassment

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  • #16
    Re: Taking Utility company to court for loss of earning and harassment

    Originally posted by ladyleez View Post
    . My time is as important as theirs.
    Probably more important if you are productive

    Barry Payling V British Gas is of course not a court case, and is only an instance of where a utility Co. has backed down when threatened with court.
    In Jones v Ruth – at first instance beforeHHJ Wilcox [2010] EWHC 1538 (TCC) and in the Court of Appeal [2011]EWCA Civ 804.- in the General Points arising from decision it was stated that financial loss caused by harassment was recoverable, such asloss of earnings, as well as damages for distress
    Regarding Quantum there is an interesting article here: http://www.newlawjournal.co.uk/nlj/content/looking-more

    Comment


    • #17
      Re: Taking Utility company to court for loss of earning and harassment

      It would be interesting to see the pleadings draft by/OBO the OP.

      Comment


      • #18
        Re: Taking Utility company to court for loss of earning and harassment

        Originally posted by ladyleez View Post
        I noticed in March 2014 that First Utility were not taking my direct debit for nearly 6 months and called them to tell them this. We then set up another direct debit, which they also failed to use. I then started receiving debt collection letters saying that unless I paid them in full I would be liable for court costs etc. I then took them to the Ombudsman who found in my favour and set out conditions for me to leave and compensation of £50 which should be paid.
        This was in July 2014 and I am still waiting to be allowed to leave. I have catalogued every phone call, email and letter sent which is relentless and paramount to harassment.

        It took them 6 months to agree a payment plan which I had to peruse them to do. I then received a threatening letter to say I was in arrears with this plan when I wasn't.

        I have now opened a county court claim for £2500 compensation for loss of earnings and harassment. This afternoon I received and email from someone at First Utility to say that they are now offering me and additional £100 compensation However my bill has gone up an additional £204 in 3 days from a letter I received 3 days ago, and these are based on non existent readings. She also indicated that should this go to court I will loose and will be liable for the court costs.
        I have attempted to leave First Utility twice now, both times being told I would be allowed to leave, and then receiving emails and letters saying I can't as I have a substantial arrears.
        They have admitted their failings and yet I am still no closer to settling this matter
        Do I have a legal claim to this compensation?

        Hi
        I have just read this and I've had to join this site to reply to you. I could have written that myself. First Urility are a complete nightmare. 9 months my issue has been going on. They actually sent a bailiff to my house when it was the company who failed to set up the dd for a period of months! My bills have gone from £300 too £1060 in 5 weeks. The ombudsman ruled in my favour however like you, they haven't deslt with issues.
        i have decided to take legal action against them.
        Im no expert but I do have someone in the know on legal matters and I've read them your message and he says they are using scare tactics to put you off taking action. He advises you use this info to the judge (if it goes to court) on their underhand tactics. Also apparently it costs a company approx 9k to go to court so my guess is it won't make it that far but from my past experience, you have to hold your nerve. You have to call their bluff as they have so much more to loose in court than you do.

        loads of luck and I hope you beat the b*****ds :-)

        Comment


        • #19
          Re: Taking Utility company to court for loss of earning and harassment

          £9k to go to court?? Who are they using?!

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          • #20
            Re: Taking Utility company to court for loss of earning and harassment

            Originally posted by dan_1207 View Post
            £9k to go to court?? Who are they using?!
            Ken Dodd's solicitor.
            He read that income tax was 2% when first introduced, and thought it still was.
            Whatever he paid his lawyer was money well spent.

            Comment


            • #21
              Re: Taking Utility company to court for loss of earning and harassment

              Well I have had to join this site just to confirm that First Utility are a joke and I am also heading the Court route.

              3 years of total misery since I moved to them, not paid them a penny, cannot even set up a Direct Debit, though details have been supplied on numerous occasions, just keep supplying meter readings, billing produced, no way of paying.

              Energy Ombudsman was involved and instructed FU what to do, still nothing resolved some 18 months later, this company have the correct initials, I have had 3 years of hell and worry.

              The dilemma now is do I pay the bill and then go to court, for the misery and time wasting I have endured, making phone calls, writing letters and general health issues?

              Or do I negotiate first?

              I am probably moving house within next 6 months and then can be away from them, thank God.

              Comment


              • #22
                Re: Taking Utility company to court for loss of earning and harassment

                Originally posted by ladyleez View Post
                My time is as important as theirs.
                I wish to God that these people understood this. The contempt they hold their paying customers in is unbelievable!

                Comment


                • #23
                  Re: Taking Utility company to court for loss of earning and harassment

                  Whilst I haven't had any issues with First Utility - yes, they are my dual fuel supplier at the moment, I am aware that they aren't always too efficient.

                  I would urge you to keep all the evidence and build up a hood paper trail.

                  If you genuinely believe you have a decent case, then by all means you should proceed and go all the way.

                  Comment


                  • #24
                    Re: Taking Utility company to court for loss of earning and harassment

                    Hi, I joined this site so I can comment. I really sympathise with your issue with First Utility. I just wanted to say that I am experiencing difficulty with First Utility and I agree about the fact that you should be able to make a claim due to harassment and time spent trying to resolve an issue. Over the last 3 years I tried very hard to resolve an issue with FU and had to give up in the end. I have literally spent and wasted many man days of effort and to no avail.

                    The problems with FU are many and here are a few examples: every time I rang up to try and progress I was being dealt with by a different person, very polite but promising and telling me that would do this and that i.e. they will speak with the relevant department to sort out. This never happened. Even worse, I kept telling the different individuals to update their system with our phone conversation so when I speak to someone else they can get up to speed with things. The operators either never made any updates at all or when they did it was not accurate. FU are either completely useless as they can't do simple things right and cause great misery or very clever bordering on fraudulent as they get customers to rack up debts they do not own and then pursue them with vigour. For example, if FU investigated my issue by analysing all the emails I have sent them containing real evidence and if they analysed all the phone conversations between both parties showing their complete incompetence they would have their answers and a speedy resolution would take place where time, money and effort would not be wasted.

                    It is not just harassment but it is the time I have spent that hurts me with no effort apart from a barrage of automated emails from FU that just repeat themselves. I will be working out how much time and money I have spent e.g. how long it takes me to go through all my emails, documents, writing emails, paying phone charges etc etc and then I will be pursuing this perhaps at the Small Claims court. I am still getting harassed 3 years later. Also, my next move is to contact local media programmes such as BBC Watch Dog and Trading Standards. I think the only way useless large organisations sit up and take notice is if you hit them in their pockets, hurt them with bad publicity ensuring you have such institutions as Trading Standards and the Utility Ombudsman on your side and stick to your guns.

                    Perhaps, people like us and I bet there are so so many others should get together and form a pressure group where we could petition government and legal bodies to do more to get companies like FU to work properly and if they don't, something meaningful would be done about it as whatever is in place now is not working.

                    I will keep you posted with how I get on.

                    Good luck and hope all turns out well for you.

                    Adam

                    Comment


                    • #25
                      Re: Taking Utility company to court for loss of earning and harassment

                      I have had a major issue with First Utility. After getting no help from the Ombudsman whatsoever, I decided to set up a Discussion group on Facebook.
                      Quickly I found out that I was not alone, there are now 58 member and we are in conversation with another group with over 400 members.

                      We have had over 30 people post their back stories, and I have to say some border on criminality, people have had life changing health problems,
                      front doors broken in to, having to choose between feeding their kids and heat!, having direct debits set up and taking nearly £1000 without prior
                      knowledge leaving one poor guy stood at Tesco's with his children and shopping he had to leave behind.

                      I have seen several cases brought against the utilities in the news , one guy took Npower and British Gas on both occasions over £2000 was paid to him.
                      unfortunately most of the people cannot do this as they don't have the time or experience.

                      I would like to ask anyone on here if they know of 'Lawyers' or a service other than the Ombudsman that take cases. as we have a bucket load.

                      Mass action is the only way to stop these bullying companies.

                      Our facebook page is

                      https://www.facebook.com/photo.php?f...3019851&type=3

                      Search FIRST UTILITY RIPPED ME OFF.

                      Hope this helps and I will have a look at all the posts on her , thanks to Adam for posting his story here!

                      Ian
                      Last edited by IanRice; 15th December 2016, 07:25:AM.

                      Comment


                      • #26
                        Re: Taking Utility company to court for loss of earning and harassment

                        Originally posted by Lilly_2000 View Post
                        Hi
                        I have just read this and I've had to join this site to reply to you. I could have written that myself. First Urility are a complete nightmare. 9 months my issue has been going on. They actually sent a bailiff to my house when it was the company who failed to set up the dd for a period of months! My bills have gone from £300 too £1060 in 5 weeks. The ombudsman ruled in my favour however like you, they haven't deslt with issues.
                        i have decided to take legal action against them.
                        Im no expert but I do have someone in the know on legal matters and I've read them your message and he says they are using scare tactics to put you off taking action. He advises you use this info to the judge (if it goes to court) on their underhand tactics. Also apparently it costs a company approx 9k to go to court so my guess is it won't make it that far but from my past experience, you have to hold your nerve. You have to call their bluff as they have so much more to loose in court than you do.

                        loads of luck and I hope you beat the b*****ds :-)
                        Ive just had to do the same too, my word it obviously happens more often than you think. My case has escalated slightly though. See thread titled 'warrant of entry fraud' for more details. But initially it started exactly the same as your ordeal!

                        Comment


                        • #27
                          Re: Taking Utility company to court for loss of earning and harassment

                          SNAP!!!! check out 'warrant of entry fraud' for more information on my story

                          Comment


                          • #28
                            Re: Taking Utility company to court for loss of earning and harassment

                            Hello, I am also having problems with First Utility and am going to take them to the small claims court - the County Court.
                            Has anyone else here done this and had success?
                            Thanks,
                            Tim.

                            Comment


                            • #29
                              Re: Taking Utility company to court for loss of earning and harassment

                              Originally posted by Tim Collis View Post
                              Hello, I am also having problems with First Utility and am going to take them to the small claims court - the County Court.
                              Has anyone else here done this and had success?
                              Thanks,
                              Tim.
                              If I had the money I would!

                              I have left them due to inability and have proved the constant mistakes they have made and they STILL have the amounts I owe them wrong on my online account!!

                              I am going to pay them what I believe I have used and tell them to whistle for the rest I think!!

                              They refused to set up payment plans, told me I don't know the difference between a payment plan and a bill, took me to a debt collector for paying my bill and the Ombudsman found in their favour (agreed they had made their mind up before they rang me!).

                              I wish you every success in the world hun <3

                              Callie
                              Those who don't believe in Magic will never find it! - Roald Dahl

                              Tears are not a sign of weakness they are a sign of having been too strong too long! - Unknown

                              You are not disabled by your disability but made able by your abilities. - Oscar Pistorius

                              Comment


                              • #30
                                Re: Taking Utility company to court for loss of earning and harassment

                                how was this one end?

                                it is true soemtime you don't know in county court.

                                I had once a solicitor acting for me. Basically like this level, I said " On the Friday 13/01/20xx when visit the said restaurant I saw a fly in my bow...." -expecting that he would fill-in the rest, or guided me how to use or not to use that fact in my favour.

                                He wrote in WS "On the Friday 13/01/20xx the client visited the ABC restaurant the client saw a fly in his bow."

                                Not on,y in one occasion but many other times.

                                I discharged the lawyer early of his duty before going to final court date and not content to pay full invoice to his company what he has put together. at least two or three point I had evidence he could not charge for work not done I told "A..." he wrote "A."or work not done properly (in one case even the judge at county court has made a comment in the judgment that "although she/he has not found the said document in the skeletton ,... " )

                                I brought case to Ombudsman Ombudsman found in their favour.

                                They brought me to court, court decided against me. The first question was "Have you paid the lawyer"s fee?"

                                At end of the court trial he decided I have to pay. I reserved the right to appeal. He said "Appeal denied."

                                I believe lawyer should be a little more active, I might have remember too much American court films.

                                Comment

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