Eon - can i issue a court case against them

luluciao

Dear all,
thank you in advance for any suggestions.
I own via a mortgage (and wish I didn't! another story) one small flat that is rented out.
The same tenant was in it for around 5 years and liable for all bills on her tenancy contract.
This tenant clearly paid the Electricy bills with EON as she let them fit a pre-payment meter, the prepayment card was left in the flat and the electricity bill was up to date when she disappeared. She clearly was the ONLY user of the energy.

Whilst the tenant was in the flat and for the couple of years after her absconding (leaving various other debts and damage) EON have been threatening me with a bill at the property for around £850.00. This has included over 15 threatening letters, debt collector visits and threats and finaly a court summons/case against me for the money.
During all these years we have supplied the tenant information, the tennancy agreement and emailed EON information as requested. Nothing made a difference. We asked the tenant to sort this also - clearly she didn't.

We received terrifying court papers the week before taking the kids camping abroad and were forced to spend money we didn't have on legal advice/help fighting the court case and whilst abroad try and file/send papers from the campsite! It ruined the holiday - well basically my husband had no holiday.
EOn then sent a letter just saying they had dropped the case. NOTHING else no apology etc. I must stress this is the first holiday we had had in some years. We are not wealthy.

We have had almost 5 years of harrasement , 5 years of having to respond to EON's emails, Letters and calls some of which are just blatantly weird and jokey (?!) and lost both a holiday, large amounts of money and work time fighting this. Its had an impact as I've tried to point out to EON on serious underlying medical issues .

I did finally find a sensible contact at EON (but who subsequently left) who advised me that EON's own compensation scheme would be minimal and not even cover a few calls. his suggestion was issue for us to issue a court claim.

Has anyone done this sucessfully ? I'm very stressed with what they have done to us.

Gerry1

Did you go to the ombudsman?

luluciao

EON sensible man said no point as they would only set a small figure which would;

yes get an apology
no not even come close to getting our legal costs etc back

Gerry1

Well, he would, woudn't he ?

luluciao

Dear Gerry1

I have an exchange of emails from this person who subsequently left outlining that I could go through the ombudsman and they would then ask EON to explain yet again what they had done and why and the compensation offered would be minimal in relation to the harm, cost and harassment EON has inflicted.
Are you suggesting that you recommend otherwise and if so do you have any experience of this that could help ?

Streaky_Bacon

How long ago did EON stop the claim?

If they actually started court action, they will have had to apply to discontinue, and there are rules relating to costs

https://www.smallclaimscourtgenie.co.uk/stop-this-train-i-want-to-get-off/

The rules relating to discontinuance are found in the Civil Procedure Rules. It is worthwhile taking the time to read the relevant rules:

Rule 38.6 (1) states “Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant”

This means that if you discontinue you are automatically liable to pay the other side’s legal costs incurred, up to the point of service of the notice.

luluciao

Oh thank you.
I didn't know this - that's very useful!
We just got a letter saying - not taking it any further.....
Can I issue a request for a copy of every single piece of correspondance on the case/account to be copied and sent to me ? I want to be absolutely clear on how many times and instances they have come at me. I can't remember what the name is of this request ?

luluciao

ps they said they weren't taking it further by the way. we had to file a full defence by a certain time - hence doing it from a campsite .

Streaky_Bacon

luluciao wrote: »

ps they said they weren't taking it further by the way. we had to file a full defence by a certain time - hence doing it from a campsite .

So they did start a claim and are now discontinuing. A couple of questions.

1) When did they send the letter?
2) What is the last correspondence that you received from the court, and which court was it sent from?

You need to call the court that the claim is currently with and find out the current status, including whether EON have applied for a discontinuance. The staff are generally very helpful. You can also ask about the process for seeking an order for costs.

At some point you will need to apply to the court for an order for costs. You should start by drawing up a list of costs, including actually legal costs you are incurred, which may include litigant in person costs (@£19/hr) for time you have spent actually doing work on the claim and any traveling expenses.

Include anything which was an actual financial cost to you, but don't put in intangibles such as stress etc, because the court will not award those.

Make sure you can evidence anything you list.

You may also which to post on the legalbeagles forum, regarding the best way to apply

https://legalbeagles.info/forums/

There are no guarantees with costs, but judges have wide discretion, so it will be worth a try.

You can also write to EON stating your intention to seek a costs order, along with the costs you seek, to give them a chance to settle it directly with you.

Gerry1

luluciao wrote: »

Dear Gerry1

I have an exchange of emails from this person who subsequently left outlining that I could go through the ombudsman and they would then ask EON to explain yet again what they had done and why and the compensation offered would be minimal in relation to the harm, cost and harassment EON has inflicted.
Are you suggesting that you recommend otherwise and if so do you have any experience of this that could help ?

I've no idea, but what is there to lose?

pelirocco

Court papers aren't terrifying , you just deal with them, and you wouldn't need to cancel a holiday to deal with it
What court papers were they? Going to court at least gives you the ability to explain your case , tbh it would have sorted it out

apologies , misread that you cancelled the holiday