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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19415
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I am in the process of suing British Gas trading through

Resolved Question:

Hi,
I am in the process of suing British Gas trading through the small claims court, the details of the cases basically are as follows:
- last year I needed to re-mortgage and found out when attempting to do so that BG had placed 2 credit default markers on my credit report, for bills that weren’t paid by tenants of a property that I let out.
- I contacted BG and advised them that I wasn’t resident, and wasn’t using the energy, and wasn’t responsible, asking them to remove the defaults.
- I sent them through the tenancy agreement as proof that the property was tenanted.
- They then took 3 months to remove the defaults, by which time, due to the fact I couldn’t re-mortgage, I had paid over £1000 in additional interest, and had missed out on a rate of 2.99%, having to pay 3.25%, which cost me £1,800 over 2 years.
- They eventually removed the defaults following dispute raised by me with the ombudsman service.

My question is, do you think I have a case to pursue them for the money they have cost me?

And

Do I have the right to pursue them for the time that this has taken me to put together, being that I am attempting to do so myself, and can’t afford a solicitor.
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.
Hi

Thank you for your question. My name is XXXXX XXXXX X will try to help with this.

Thanks for your interest in me but its not really my area.

I will pass this onto somebody who can help for you.
Customer: replied 10 months ago.

Hi, do I have to do anything? Or wait for them to contact me?

Expert:  Stuart J replied 10 months ago.

No need to do anything. here I am.

Did you at any stage tell them that you were remortgageing and needed defaults removed asap

Customer: replied 10 months ago.

Yes


 


Over the phone and in correspondence.


 


I probably did this from about 6 weeks in


 


James


 


 

Expert:  Stuart J replied 10 months ago.


Thank you.

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
loss.



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
fashion



Does that answer the question?

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so please bear with me if I do not get back to you immediately.





 



 



Customer: replied 10 months ago.

Hi, what about my chances of compensation for my time resolving?


 


Many thanks,


James


 

Expert:  Stuart J replied 10 months ago.




By all means add it in as a
separate head of claim but I don't think it's something that you would recover.

However stranger things have
happened and whilst the overall claim is not by any means a foregone
conclusion, I can guarantee that if you don't put a claim in, will get nothing.



It is a shame that more people do
not take the stance that you are taking because if they did, the utility
companies would not walk all over blameless people in the way they do and they
would get their backside into gear with regard to their admin



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19415
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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