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The Guardian - UK
The Guardian - UK
Business
Anna Tims

Why customers tend to lose when they sue companies

Gas flame on a hob
Hot topic: consumers’ frustration with inadequate customer services. Photograph: Business s/REX Shutterstock

I’ve been having horrendous problems with my energy supplier since July 2014. I have complained to the Energy Ombudsman twice (successfully) and am about to go for a third time. This has involved an enormous amount of time and effort on my part. What is the position with regard to presenting a company with an itemised bill for the time and effort expended in trying to resolve such problems? Could one take them to court for non-payment of a bill? JW, London

Tempting, but sadly courts tend not to look favourably on requests for damages in consumer cases, says Nitin Khandhia, director in the civil litigation and dispute resolution department at BTMK solicitors: “Most consumer contracts include terms which limit the liability of the supplier for financial losses other than those prescribed by law. You’re far more likely to be successful by inviting the company to consider a goodwill payment and if what is awarded is not acceptable ask the Ombudsman to review it. However, such awards are rarely more than a few hundred pounds.”

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.

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