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County Court Claim from British Gas

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  • County Court Claim from British Gas

    Received a claim? Yes
    Issue Date: 04/10/2024
    Have you Acknowledged the Claim?: yes
    Total Amount Claimed : £4,000
    Claimant’s Name: BRITISH GAS NEW HEATING
    Solicitors Firm: JUDGE & PREISTLEY
    Original Creditor: BG
    Particulars of Claim:

    The Claimant’s claim is for a debt in the sum of £4,XXXX in respect of the price of goods supplied, installed, and/or work done at the Defendant’s request.
    Full particulars have been supplied to the Defendant before proceedings commenced.
    The Claimant invoiced the Defendant for the sum claimed on the dates below and the Defendant has failed to pay the sums due in respect of the said invoices.
    Date - Ref - Amount Paid - Interest From
    10/06/23 - xxxxxxxxxx - £4,xxxxx - 0.00 - 110/06/2023
    AND THE CLAIMANT CLAIMS:
    1. The sum of £4,xxxx
    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from xxxx and thereafter at a daily rate of £0.75 until judgment or sooner payment.



    Is the debt Statute Barred : NO
    List any letters you have sent (eg: CCA/ CPR ): NONE THUS FAR
    Any Other Information or Background Details:- claim is against a vulnerable adult who has a medical condition and full Power of Attorney given to family.

    Claimant came to the property, advised defendant a new boiler required, allegedly installed the boiler and then sent an invoice for said amount. NO documentation at all given or signed by defendant. A complaint was made to claimants about vunerability and lack of due process paperwork etc. complaint dismissed and subsequent claim now been made.

    Please assist with a defence. Your help will be greatly appreciated
    Tags: None

  • #2
    a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days from the issue date (plus 5 days postal) in total to work on your defence - you've done this.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    b) Send a SAR request to British Gas, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    c) Send JUDGE & PREISTLEY solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation.
    Ask for a copy of the the invoice / Terms and Conditions and
    British Gas's pre-installation survey for a new boiler includes a virtual survey and a home assessment by a heating consultant.

    https://legalbeagles.info/library/gu...-of-documents/

    d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -

    https://legalbeagles.info/library/gu...-court-claims/

    After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update of what you've received from your requests with 5 days left so we can help with your Defence.

    Comment


    • #3
      Can you also provide more details as to what was wrong with the original boiler, who called BG out?
      Did a BG salesman visited? No doubt he / she gets paid commission, so 'maybe' not consumer focused.
      Also what documentation what given and when?

      Comment


      • #4
        Originally posted by echat11 View Post
        Can you also provide more details as to what was wrong with the original boiler, who called BG out?
        Did a BG salesman visited? No doubt he / she gets paid commission, so 'maybe' not consumer focused.
        Also what documentation what given and when?
        Thanks for your help.

        I have requested the SAR and made the CPR request from the sols

        Just to be clear, is it 28 days from the 04/10/2024 (date on claim form) so latest date for defence is 01/11/2024?


        We are unsure what ,if anything was wrong with the boiler (defendant has dementia). A heating advisor (salesman) recommended it be changed because "it was old"

        Cannot find any documentation left or signed. Only an email confirming appointment and then another requesting payment for installation

        Comment


        • #5
          a) I have requested the SAR and made the CPR request from the sols

          Good, update thread when you get the information.

          b) Just to be clear, is it 28 days from the 04/10/2024 (date on claim form) so latest date for defence is 01/11/2024?

          Yes, 28 days from the issue date on the claim form. You also get 5 days postal, but you shouldn't need them.

          c) We are unsure what ,if anything was wrong with the boiler (defendant has dementia). A heating advisor (salesman) recommended it be changed because "it was old"

          O.K., no doubt BG would have documented the model / make, condition and any issues with 'old' boilers. But as far as you are aware it was 'functional'?

          d) Cannot find any documentation left or signed. Only an email confirming appointment and then another requesting payment for installation

          O.K. that's not great on BG's part, I'm fairly sure there should have been some documentation left.

          Comment


          • #6
            I am not sure this is a straight forward claim and defence
            The defendant has been diagnosed with dementia and LPA is in place
            I am by no means an expert in these matters and I could be wrong
            The defendant needs to be represented by a litigation friend, to help draft the defence, complete DQ etc
            From what I have read the court needs to be informed early on about the defendant's state of mind and the problems this creates.
            It may be necessary to write to the county court that the claim is likely to be allocated to, requesting urgent case management orders. An extension of time to file the defence could also be requested, a further 28 days. It doesn't sound like BG will agree to an extension of time

            Comment


            • #7
              Originally posted by Pezza54 View Post
              I am not sure this is a straight forward claim and defence
              The defendant has been diagnosed with dementia and LPA is in place
              I am by no means an expert in these matters and I could be wrong
              The defendant needs to be represented by a litigation friend, to help draft the defence, complete DQ etc
              From what I have read the court needs to be informed early on about the defendant's state of mind and the problems this creates.
              It may be necessary to write to the county court that the claim is likely to be allocated to, requesting urgent case management orders. An extension of time to file the defence could also be requested, a further 28 days. It doesn't sound like BG will agree to an extension of time
              I agree, won't be a standard Defence.
              The Vulnerable Adult has dementia (this is documented), there is a Power of Attorney in place.

              Comment


              • #8
                Why did British Gas dismiss the complaint?

                Comment


                • #9
                  Thanks Guys.

                  We represent the defendant

                  BG dismissed the complaint as they find that their sales team did no wrong.

                  no paperwork left at all. They stated that they leave a info pack with each customer but this cannot be found. They state no paperwork signed or required due to covid rules.

                  they say sales man saw no signs of vulnerability irrespective of age or coherence.

                  Ultimately, they have have no agreement , no electronic evidence of quote acceptance etc yet are stating a verbal acceptance on the day is enough and now demanding a payment from a vulnerable person.

                  Comment


                  • #10
                    Originally posted by Emdubs View Post
                    Thanks Guys.

                    We represent the defendant

                    BG dismissed the complaint as they find that their sales team did no wrong.

                    no paperwork left at all. They stated that they leave a info pack with each customer but this cannot be found. They state no paperwork signed or required due to covid rules.

                    they say sales man saw no signs of vulnerability irrespective of age or coherence.

                    Ultimately, they have have no agreement , no electronic evidence of quote acceptance etc yet are stating a verbal acceptance on the day is enough and now demanding a payment from a vulnerable person.
                    It does sound like 'nonsense' on BG's part.

                    What steps has BG taken to collect the debt i.e. phone calls, letters etc?

                    Send JUDGE & PREISTLEY an email requesting an extension,state that 'you seek an extension allowed under CPR 15.5 so they can provide you with the requested documentation.'

                    Comment


                    • #11
                      From what we can see, they have sent a couple of emails chasing payment for the invoice.

                      After the complaint & "investigation" they tried to call several times and then transferred to sols

                      How long of a extension should we request?

                      thanks for your input, really appreciate it

                      Comment


                      • #12
                        Originally posted by Emdubs View Post
                        From what we can see, they have sent a couple of emails chasing payment for the invoice.

                        After the complaint & "investigation" they tried to call several times and then transferred to sols

                        How long of a extension should we request?

                        thanks for your input, really appreciate it
                        Request the extension, they will send a covering letter with the requested documentation giving details of the extension, but it will be sufficient time to prepare and get your Defence in.

                        Comment


                        • #13
                          Originally posted by Emdubs View Post
                          From what we can see, they have sent a couple of emails chasing payment for the invoice.

                          After the complaint & "investigation" they tried to call several times and then transferred to sols

                          How long of a extension should we request?

                          thanks for your input, really appreciate it
                          perfect thank you. I have emailed them requesting the extension

                          Comment


                          • #14
                            Update:

                            I made a SAR which still has not been provided by BG. They had until 25th November but sent an email a week ago stating there was delays

                            From the sols I requested:
                            1. The invoice - Not provided
                            2. Terms and Conditions - the have sent standard terms and conditions
                            3. British Gas's pre-installation survey for a new boiler includes a virtual survey and a home assessment by a heating consultant. - They say no survey exists
                            The sols originally gave an extension whilst they provided the documentation. They have asked that I now provide my defence within 14 days from today.

                            Any help here would be greatly appreciated.

                            Comment


                            • #15
                              The following is a standard defence, copy and paste on this thread. Then we can take a look, amend etc.

                              d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -

                              https://legalbeagles.info/library/gu...-court-claims/

                              Comment

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