Help! Does anyone have experience of pursuing an LPG supplier (e.g. Calor Gas) through the courts?

Midgebit

Hi there
I'm hoping someone here can help. We've just heard from CDRL that our complaint again Calor Gas has been rejected. They are charging us for a full tank of LPG following their gas leak caused by a faulty sensor that they replaced in July 2022 and acknowledged was an overdue repair. Their defence is that they claim our use following this fill was excessive. It was excessive - due to the leak! Calor Gas have delayed responding for 6 months and have so far still not released the GDPR files as I've requested - much of the evidence should be have been documented by the on-site engineer as unfortuantely this was verbal communication to us at the time and we do not have it in writing. I will not pay the £800 - they are lying. We have had to drastically reduce our gas use this winter (heating, water, cooking) as a result and feel they are delaying I only have a few days to reply to CDRL and need advice urgently! MTIA

macman

Why do you 'only have a few days to reply'? if you owe them £800 and they are about to sue you, you don't need to do anything. You wait to be served and then you defend your case in court, probably many months down the line. or you counter-claim once they have served.

mmmmikey

Why did CDRL reject the claim? Regardless of the rights and wrongs of the situation is it possible the courts would also find in Calor's favour for the same reason?

Midgebit

macman said:

Why do you 'only have a few days to reply'? if you owe them £800 and they are about to sue you, you don't need to do anything. You wait to be served and then you defend your case in court, probably many months down the line. or you counter-claim once they have served.

CDRL have given me 7 days to respond - reject or accept. I'd rather not have to wait without heat or use of oven for many more months if I have no chance in court. 

Midgebit

mmmmikey said:

Why did CDRL reject the claim? Regardless of the rights and wrongs of the situation is it possible the courts would also find in Calor's favour for the same reason?

CDRL rejected the claim because the burden of proof lies on me to prove the Respondent's at fault. Calor Gas didn't submit any counter-evidence or comment at all on the case. The proof can only lie within the GDPR files which they have not supplied to me despite my numerous requests. They only asked what specific files I wanted. I've asked for all of them.