Utility Hell. Draft a claim.

Steps to File the Claim:

1. Complete the Claim Form: You can file this claim using the online Money Claim system at Money Claim Online or through your local county court.
2. Pay the Court Fee: The fee is based on the total amount claimed. Value of your claim
   Fees
   Up to £300
   £35
   More than £300 but no more than £500
   £50
   More than £500 but no more than £1,000
   £70
   More than £1,000 but no more than £1,500
   £80
   More than £1,500 but no more than £3,000
   £115
   More than £3,000 but no more than £5,000
   £205
   More than £5,000 but no more than £10,000
   £455
3. Serve the Claim: The court will serve the claim on Utility Hell

Here is a draft claim

To draft a small claims court claim, we can include your time and effort to resolve the issue with British Gas under the category of “reasonable costs.” While the Civil Procedure Rules (CPR) allow for certain costs to be claimed, your hourly rate for time spent pursuing the matter will likely need to be reasonable and justifiable.

Here’s a breakdown:

1. Hourly Rate: The CPR suggests that a litigant in person (someone representing themselves) can claim up to £19 per hour for the time spent on the case.
2. Additional Costs: Include court fees and any other expenses, such as postage or document printing, that were directly incurred due to the dispute.

I’ll now draft the small claims court particulars of claim for you:

IN THE COUNTY COURT
Claim Number: (Leave blank for the court to complete)
Claimant: Ivor Had enough.
Defendant: Utility Hell Limited

Particulars of Claim

1. The Claimant resides at Im fed up Avenue and has been a customer of the Defendant, a provider of energy services.
2. The Defendant has erroneously billed the Claimant for energy supplied to a different property, namely the flat upstairs at [Address of the Flat Upstairs].
3. Despite repeated attempts by the Claimant to rectify the error, including providing evidence that the bill is not attributable to the Claimant’s property, the Defendant has continued to demand payment of £300.
4. The Defendant has now escalated the matter to debt collectors, causing the Claimant undue stress and inconvenience.
5. The Defendant’s handling of the Claimant’s personal data, including linking the Claimant’s account to an unrelated property, constitutes a breach of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Defendant has failed to process the Claimant’s data lawfully, fairly, and transparently, resulting in misuse of the Claimant’s personal information.The Defendant’s actions have been unreasonable, and the Claimant seeks compensation for the time spent, expenses incurred, and distress caused by the Defendant’s breach of duty and data protection laws.
6. And the Claimant claims:
7. a) £570 for time spent resolving the dispute (£19 per hour for 30 hours);
8. b) £300 for undue stress, inconvenience, and reputational damage caused by the Defendant’s actions;
9. c) £500 for the Defendant’s breach of UK GDPR and the Data Protection Act 2018;
10. d) Court fees and additional costs incurred in pursuing this claim; and
11. e) Any further relief the court deems just and equitable.
12. Statement of Truth I believe that the facts stated in these particulars of claim are true.
13. Signed: _________________________Date: _________________________

Statement of Truth
I believe that the facts stated in these particulars of claim are true.

Signed: _________________________
Date: _________________________

Get in touch if you require any additional information or support. Its time to fight back!

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