British Gas payout opens door to sue energy firms if they waste your time with bill blunders

Published 06th Aug 2010

A landmark case could allow consumers left out of pocket by the blunders of big utility firms and other companies to claim compensation.

British Gas has paid out some £2,000 to one customer who was self-employed on the basis he had to waste valuable working time trying to resolve a series of problem that was not his fault.

Now anyone who is self-employed and can show they have lost time and money because of problems caused by a large company may be able to do the same.

Consumer experts believe there is also an argument that ordinary consumers might also be able to do the same.

Photographer Barry Payling threatened legal action against British Gas after he was driven to distraction by two years of mistakes by British Gas.

He had to cope with a stream of inaccurate bills, debt collectors arriving for money he did not owe and a letter asking his dead mother if she wanted to sign up for supplies.

Mr Payling decided to log every phone call he made, every letter he sent to the company during working hours and then claimed for the corresponding loss of earnings.

He planned to demand £2,108 in court but was delighted when British Gas backed down and sent him a cheque for the same figure.

Because the case was settled out of court and British Gas did not admit liability, no legal precedent has been set.

However, the case will encourage other consumers to do the same.

Mr Payling, aged, 59, of Rawmarsh, Rotherham, who has been a customer with the company for 20 years said: 'I stood up to them I didn't buckle. I think they have got their just desserts.

'They either thought they were on a loser or it wasn't worth turning up to court. I'm elated it's a David and Goliath job.

'There is one thing a bully doesn't like and that is being bullied. I like to think I bullied them back.'

Mr Payling urged other customers to follow his lead.

'I want to stand up for the little man here, for everyone who is suffering as I have done,' he said.

'Know your rights and be prepared for the drawn out procedure of paying summonses and fees and having to wait weeks for replies.

'Stick with it and if you are right you may just be able to prove that there's nothing a bully hates more than being bullied.'

Head of energy at the customer body, Consumer Focus, Audrey Gallacher, said: 'Energy companies must realise that their customers’ time is just as valuable as their own, and when they inconvenience people it is more than just an annoyance.

'Not every consumer will be able to challenge the poor service they receive, so it is important that companies act properly in the first place.

'Any consumer who complains to their energy supplier should keep a record of phone calls and correspondence.

'If the energy company fails to put things right and takes up excessive amounts of a consumers’ time, they are right to ask for compensation.'

British Gas said: 'Mr Payling was not happy with the way his account had been run and decided to pursue his case through the courts.

'As this was an ex-gratia payment it would be inappropriate for us to issue further comment about this case.'

Read more: http://www.dailymail.co.uk/news/article-1300660/British-Gas-payout-opens-door-sue-energy-firms-blunders.html#ixzz0vodNvzL8

Source: ' Daily Mail '

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