British Gas guilty of harassment by Court of Appeal for threatening letters

Cardew

gotgamegurl wrote: »

Why do companies not have to prove to debt collection agencies that the money is owed? The debt collection agencies are quite happy to buy the debt from them, no questions asked.

I have no time for DCAs, but if a company gives them an invoice or bill and states that it has not been paid, what more can the DCAs demand?

Are you sure this is a valid unpaid bill- Yes!, Are you really really sure? -Yes.

Cardew

student100 wrote: »

As far as I can tell from reading the case, the court actually hasn't yet heard the case of whether British Gas is guilty of harrassment. The appeal Court ruling seems to be that Ms Ferguson has the right to take the case to trial (whereas BG was trying to get the case struck out of court). I can't find anything to say anywhere that the harrassment case has gone to trial - so you can't say British Gas are "guilty of harassment".

That was exactly the point I noticed.

However I can't ever recall a judgement so specific. In refusing to allow the appeal by BG(to get the case struck out) they have unequivocally stated that BG are guilty (which they obviously were) so presumably the only point of a trial is to assess the amount of damages and costs to be awarded to Ms Ferguson.

More interestingly the Appeal judges raised the spectre of criminal harrassment - BG pleading guilty and asking for 156,000 other cases to be taken into consideration;)

I suspect BG will attempt to settle out of court, rather than go through such humiliation again. I wonder if Ms Ferguson will settle even if her claim is met in full; or will she want another 'day in court'?

1carminestocky

I really really really, and another one, REALLY hope the remarkable Ms Ferguson has her day in court and rejects the, what I'm sure will be, a very tempting financial, out of court settlement that will now be offered. Her being able to bring this case to court in the first place suggests she is not exactly without a bob or 2 and I really hope she gets them back in the dock for us all to see them squirm.

A bit of advice for BG: look for some other silks.

ducky2004

Hi Peter

Telephone conversation are valid evidence provided the other party is told that the call is recorded. I inform one of the representative and he was taken aback and said do not record it. The same for incoming phone call, begin recording and immediately tell them that the call is being recorded.

Even if they are not informed, transcript of the phone call can be used in the court and the court may decide that on the balance of probability, the transcript represent what was said.

I was surprised that Lisa sue them for harrassment. Asking for an counrt injunction telling them not to make these unfounded claim would have be far more effective. If BG failed to comply, the directors can then be dragged into court for contempt.

petercurtis wrote: »

Trying to correct problems by talking to the utility companies is a sure way to invite distress. The bottom line is a court action to resolve the company and customer's differences. Courts generally will not accept content of telephone conversations as evidence. Its your unsupported word against theirs - and the companies' customer service know this. It is why the companies make such great play of inviting customers to speak to their customer service personnel about problems.

P

Final tips: 1. If you do write send your letter recorded delivery. Its an additional expense but the company cannot claim that your letter was not received. 2. The final shot in your locker - you are not only paying for the fuels used by your household but also for the billing service of the company. Any failure renders the company's billing service as unfit for purpose under the Sale of Goods and Services Act. Claim compensation of £25 for your inconvenience and expense.

I have fought and won disputes with four of the six members of the energy retailers cartel. Total compensation to date is £75. As the 'Dads Army' corporal has it, "They don't like it up'em".

midflight

Even if they are not informed, transcript of the phone call can be used in the court and the court may decide that on the balance of probability, the transcript represent what was said.

I thought you could request that a transcript be offered as evidence, but only at the court's discretion?

aMIGA_dUDE

rosemarym wrote: »

This isn't correct - the Act does not apply to private individuals going about their private business. It it did, gossiping would be illegal! Which it isn't. :j

Nor do you have to prove who you are to a police officer - not yet, anyway! See this:

http://www.telegraph.co.uk/news/newstopics/politics/3543266/Police-and-immigration-given-powers-to-demand-to-see-identification.html

Alright you are wrong. This is not a private discussion, this where you have given a business information about someone who isn't your self. As such you have just full foul of DPA.

If dont belive me get touch with
http://www.ico.gov.uk/

Also under PACE you can be arrested if do not tell the police your real name if requested. So no you dont have give you name but they can arrested you, same difference really.

donglefan

gotgamegurl, is it possible you could apply for legal aid to sue ICS, or as the judge implied in this case involving BG, ask the local authority for help?
It seems that the only way to stop these tenacious debtcollectors is to take the initiatave and sue them, and since you mention financial hardship yourself, I wondered if you might be able to get help doing that.

doctor_benway

what is interesting is the amounts for which British Gas go to the ends of the earth to pursue people for

tens of letters and phonecalls to a customer, over months and months, all for a few pounds?

in business, pragmatism is key. you dont spend 500 pounds to recover a 5 pound debt, nevermind an illegitimate debt

taken to the extreme, as in the harrassment case, it will cost BG tens of thousands now, for something which could have been resolved early on by any competent manager, with a phonecall and a 50 pound gift voucher.

all in all BG are just a dreadfully run company.

1carminestocky

doctor_benway wrote: »

what is interesting is the amounts for which British Gas go to the ends of the earth to pursue people for

tens of letters and phonecalls to a customer, over months and months, all for a few pounds?

in business, pragmatism is key. you dont spend 500 pounds to recover a 5 pound debt, nevermind an illegitimate debt

taken to the extreme, as in the harrassment case, it will cost BG tens of thousands now, for something which could have been resolved early on by any competent manager, with a phonecall and a 50 pound gift voucher.

all in all BG are just a dreadfully run company.

Summed it up in one sentence! :beer: The real scandal is they are in an industry in which they can be so badly run and STILL make a profit year on year. If a company like this was selling a non-essential product they would be toast very quickly indeed.

slow_saver

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