How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Hi, I am in the process of suing British Gas trading through

This answer was rated:

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.
Hi

Thank you for your question. My name is XXXXX XXXXX I 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 3 years ago.

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

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 3 years ago.

Yes


 


Over the phone and in correspondence.


 


I probably did this from about 6 weeks in


 


James


 


 



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?

Can I answer any specific points or clarify anything?

If you have not done already, please don't forget to positively rate my answer
service even if it was not what you wanted to hear. You should now see a series
of buttons which enable you to rate my answer service formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Rating doesn't close the enquiry at all even though the site may give that
impression. It remains open for you to read and ask for further clarification.

Regards.



PS Experts on here are online and off-line all day each day and weekends
so please bear with me if I do not get back to you immediately.





 



 



Customer: replied 3 years ago.

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


 


Many thanks,


James


 





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: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Law Specialists are ready to help you

Related UK Law Questions