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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I claim compensation in the Small Claims Court for loss

Resolved Question:

Can I claim compensation in the Small Claims Court for loss of earnings and stress due to Npower incorrectly holding on to £618.43 (which has just been repaid to me on 17/02/2014 by payment into my bank account and with no explanation) when I left them a year ago on 07/03/2013. Despite their on line system showing on 15/06/2013 that I had a credit on my closed account of £618.43, I phoned them on 10 separate days wasting over an hour waiting on the phone each time and got a different excuse every time and they failed to enter me on their complaints process until 20/08/2014 and even then did not repay until I contacted the energy ombudsman. I am a commission-only salesman, and each wasted hour-long phone call to Npower cost me about £100 because the company that I work for gives me one appointment in the morning and one in the afternoon, so I had to miss an appointment for each phone call and want to claim £1000. The energy ombudsman says that the maximum that they are permitted to require the energy companies to pay is a £100 ex gratia payment and they are not here to punish the energy companies. If this is the case, no wonder this energy company tries to hold on to people's refunds as most people probably give up. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Sadly not - you would be entitled to claim interest at 8% pa for the sums held.

Alex Watts :

But you could not sue for stress.

Alex Watts :

You could bring a claim but you would need to show that you went to the GP because of this and that it was as a DIRECT result of Npower actions.

Alex Watts :

You couldn't just say, you were stressed there would have to be evidence.

Alex Watts :

As for loss of earnings, only if you told Npower in advance that you were taking time off work would any claim succeed.

Alex Watts :

I am sorry if this is not necessarily the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

As it would be a small claim you could try and issue proceedings and see if they offer you anything as costs are limited, but if it went to trial based on the information provided I do not think you would succeed.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you