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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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About eight months ago one of the major energy companies

Customer Question

About eight months ago one of the major energy companies mistakenly 'took over' the supply of gas to my home. Not an uncommon occurrence, I have since been informed and is known in the trade as 'an erroneous transfer'.
For eight long, weary months I have taken every step open to me to have the situation put right, without success. Finally, about two months ago, the company who were the original suppliers (and who have been supplying me without mishap for more than 10 years) declared the situation 'locked' (whatever that means!) and advised me to contact the Energy Ombudsman and make an official complaint.
In view of the lack of alternative avenues, I did as recommended.
I have recently been informed (by the Ombudsman) that the energy company responsible for the said 'take-over' have admitted their mistake and indicated they will not be looking to me to pay the cost of gas consumed from the date of the erroneous transfer.
The Ombudsman, however, has recommended that I should pay the other (my original) supplier, less £100 for the inconvenience this has caused.
Leaving aside for one moment the moral aspects of this situation, and looking objectively at the legal aspect, my question is: does the company who has NOT supplied me with goods and services, have a claim in law, should it decided to pursue the (unqualified) recommendation of the Ombudsman?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When you say have a claim in law, I assume you mean for the energy supplied? I assume it was just a mistake and not fraud?
Customer: replied 2 years ago.

Alex, hello. Perhaps I should have worded it "does the company who has not supplied goods or services (meaning the supply of gas) have a claim of right to the cost of the material".

I understand that companies are obliged to accept the advice of the Ombudsman, so if the company decide to bill me, is it actionable?

Would a court consider I am legally liable?

Expert:  Ash replied 2 years ago.

Just so that I am clear, it was transferred wrongly from A to B. A now want to charge you for supply by B, is that correct?

Customer: replied 2 years ago.

As previously stated; the company who HAS supplied the fuel (gas) has stated because it was their error, they are not going to charge for it.

I want to know, authoritatively, IF the company who has NOT supplied the gas decide to pursue me for payment, do they have a legitimate claim?

Expert:  Ash replied 2 years ago.
Yes I understand now. I assume that during this 'wrong' period you didnt actually have a contract for supply with A, did you?
Expert:  Ash replied 2 years ago.
Are you able to respond so I can answer this for you? Thanks!