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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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we had eon energy provider to service our boiler on a yearly

Customer Question

we had eon energy provider to service our boiler on a yearly contract however they serviced boiler in september 2012 then the next time was january 2014 so we said you have not honoured your contract so we cancelled eon from everything including boiler service and energy, then a couple of weeks ago i came home to find my wife shaking and crying holding her debit card i asked her what wrong and she said theres someone on the phone demanding money i took the phone and asked who it was and he replied home service association who we had never heard of, he said we did not cancel our boiler service plan and owe them money i explained we took our service contract out with eon and cancelled it with them and never known about you but he was very rude i explained my wife is a pensioner and suffers from MS and was very upset about you demanding money to which he replied just doing my job,i put the phone down and later when my wife was a bit calmer rang back and asked to speak to there customer service dept which i was put to the same rude person i said i do not wish to talk to you and it was you who tried to get money of my wife who is a pensioner suffering with ms he said to my astonishment YES AND IF IT WAS NOT FOR YOU SHE WOULD HAVE PAID i told him i do not wish to speak to him anymore and to put me on to another operator he said theres none available and cut me off.I took this further and have had a letter from the company admitting he was in the wrong so they must have listened to the recorded conversation and as a goodwill gesture wave the money we owed them but we never owed them anything as we cancelled with eon who we took out the contract with. My wife is off work with depression and worried because its a local firm we will get reprisals from the person as its a local firm she has been off since the phone call about 3 weeks ago what i want to know would it be worth our time t o claim compensation in the courts.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much would you be seeking to claim please?
JACUSTOMER-3nre4h2q- :

I don't know that would be on your advise

Alex Watts :

I think you would be able to claim less than £10,000

Alex Watts :

You should to write and set out your losses and ask for a payment within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-3nre4h2q- :

would it be better to let a solicitor do it for me?

Alex Watts :

No, you wont be able to claim that cost back

Alex Watts :

Does that clarify the position?

JACUSTOMER-3nre4h2q- :

ok thank you for your help.

Alex Watts :

No problem

Alex Watts :

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Alex Watts :

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Alex Watts :

If you need more help please click reply

Alex Watts :

Have a good weekend

Alex Watts :

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