I think this is one
of those that could go to court and the judge would have every sympathy for you
particularly as the default was removed eventually, after six weeks, presumably
because of the gas companies inefficiency and lax attitude.
They must have agreed
that you had no liability or otherwise they would have not remove the defaults.
They are very quick to put the defaults on but very slow to take them off.
The reason I asked
if they knew that you were applying for a mortgage is that should have focused
their mind that because of their negligence, you were experiencing further
If you would never
mentioned this to them at all and I don't think you had much chance of
recovering your extra costs in court . It wouldn't stop me pursuing the matter
to at least make an attempt and get the matter decided by a judge rather than
the gas company's own internal procedures, but I don't think in all honesty as
your additional loss would then not have been "within the contemplation of the
parties" you would recover the extra costs.
BUT you did tell
them that you are applying for a mortgage and you did tell them that if you
didn't get it, you would incur further costs. In any event, if you didn't
actually mention possible extra costs, in my opinion, it would have been
apparent to anyone that this would cause your problem if there would defaults
registered against your name. So, I think you have a reasonable chance of
recovering this money (or at least some of it) because clearly, the gas company
were aware of the potential problem if they did not deal with this in a timely
Does that answer the question?
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