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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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I have a question about small claims court (Scotland). I

Resolved Question:

I have a question about small claims court (Scotland).
I have been trying unsuccessfully for a year to get a bill from my energy company. They haven't answered any written communication (emails and signed-for letters).
I wanted to close my account right at the beginning so I can go to another company, but every time I call this supplier they say they don't have my property on their system.
The energy ombudsman said that the energy company should bill me within a month, but when I asked what the amount on the bill would be, I got no response which means I have been unable to accept the ombudsman's report.
Is it OK to take them to small claims court and ask for:
1) Expenses for time wasted writing 10+ letters and emails (none answered), and many phonecalls
2) Expenses for court
3) The energy company should close my account immediately without any money due.
Can I ask for "account to be closed with no money owed" in small claims court? Or do I need to put a £ value on it?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You can sue for your expenses incurred as a result of their breach of contract but the court won't have the power to have your account closed with no payment due. You would have to be sued by them and then defend the action but I have my doubts as to the success of such a defence.
It sounds like you haven't managed to get to the right person within the energy company to sort this out and the ombudsman hasn't been of much help.
Tell me which energy company it is and I will try to get you the email address of their director or chief executive. In my experience an email to that person will help you resolve these issues.
Customer: replied 2 years ago.

Thanks for your help :).

It is Scottish Power. We moved into a new-build about a year ago and still haven't had anything from them, which is really worrying because we have no idea what this house costs to heat!

Any email/postal address would be great if you have one. So far they have ignored all of my written communication.

By the way - if we accept the Ombudsman's decision (even though it's very vague and we still have no idea what the numbers are)... Can we still take the company to small claims court for expenses? Or will it put us in a weak position if we accept the ombudsman's offer?

Expert:  JGM replied 2 years ago.
Accepting the direction of the ombudsman that they send a bill within a month won't prevent you suing but I'm not sure that's the right remedy for you until you have an account from them, and then I assume you will switch.
The chief corporate officer of Scottish Power can be contacted at***@******.***
That will in my experience be the best way to get this resolved and ask for some kind of compensation for inconvenience if you seek to do so.
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