Taking Utility company to court for loss of earning and harassment

[ladyleez]

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?

[wales01man]

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

Have you filed a claim with the County Court?

[ladyleez]

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

Yes - The email I received today was in response to the claim I filed.

[wales01man]

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

If you are claiming 2500 and they offer that they must be in cloud cuckoo land if there is a figure between their offer and your claim try for that remember you can win or lose nothing is guaranteed in the Court

[sean5302]

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

I think you've been watching too many tv progs.
£2500 claim for harassment and loss of earnings?
I suggest you withdraw that claim.
You'll end up paying their costs as well as yours if this ever comes to a hearing.
The court process is to recoup your losses; to restore you to the position you were in before the events happened. Definitely not to line your pockets.
It's a shame you didn't come here first, before issuing your claim. You will have wasted your initial fee.
How did you lose earnings?
What loss have you sustained due to harassment?

[des8]

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

Protection from Harassment Act 1997
http://www.legislation.gov.uk/ukpga/1997/40/section/3

Civil remedy.

(1)

An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2)

On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment

[sean5302]

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

3)Where—


(a)in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and


(b)the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

I see no reference by the OP to having an injunction in place, preventing harassment by the company.
Is your reading of the Act different to mine, des8?

[des8]

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

Yep
Para 3 continues:"the plaintiff may apply for the issue of a warrant for the arrest of the defendant."

[wales01man]

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

Who would the defendant be at the water company the CEO?

[sean5302]

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

You're not answering my question des8

[des8]

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

Yep = yes, Sean, reading it differently
I read it that there are a number of Civil Remedies available.
No 1 is a civil claim by the victim
No 2 is award of damages following 1.
No 3 is application for a warrant of arrest of defendant if court has granted an injunction which it is alleged the defendant breached

I don't read 1 & 2 being dependent on any part of 3.
Does anyone else agree with me?

[sean5302]

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

http://www.legislation.gov.uk/ukpga/...land-and-wales

Easier to see the full picture by taking one step back from the link you posted, Des.
I can see your logic now, from my link above.
It seems that the difficulty will be in quantum. Why ask for £2.5k?

[ladyleez]

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

I think you've been watching too many tv progs.
£2500 claim for harassment and loss of earnings?
I suggest you withdraw that claim.
You'll end up paying their costs as well as yours if this ever comes to a hearing.
The court process is to recoup your losses; to restore you to the position you were in before the events happened. Definitely not to line your pockets.
It's a shame you didn't come here first, before issuing your claim. You will have wasted your initial fee.
How did you lose earnings?
What loss have you sustained due to harassment?

I am a company Director of and I have spent a considerable amount of time dealing with this matter during my working day, so no I haven't been watching too many TV programmes!
And do not see why I should have to allow them to get away with this abysmal service. Let me remind you of the facts.
I made them aware they were not taking my money
I set up 2 direct debits with them which they failed to take
I was harassed by a debt collection company and threatening with court costs
The ombudsman ruled in July 2014 and they have still not fulfilled the conditions they agreed to
It is nearly 9 months after the ruling and I am still being told I can leave (3 times now) to have it rejected

I am now in debt with them, which is no fault of mine - So I now have to pay 2 utility companies going forward once I am allowed to leave.

I would also refer you to the Barry Payling v British Gas case, where he was paid out for loss of earnings. My time is as important as theirs.

[ladyleez]

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

First Utility is a Gas & Electric company ...

[wales01man]

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

You can only try Who you are has no standing in a Court case its down to facts and evidence Good luck