How do I take legal action against Manx Gas?
The process of taking legal action against Manx Gas is a simple one so long as you follow the court process.
Step 1. Be Sure Youre Ready For This
Legal action should and is a last resort for most people but in many circumstances, its understandable given the lengths some people have gone to in attempting to deal with Manx Gas. If you have exhausted all other avenues such as the OFT and writing to them directly, move on to step two!
Step 1a. This is NOT Legal Advice.
Please understand that this is not legal advice and merely the ramblings of an independent entity that has tried to do its homework. Advocate advice is recommended if you don't want to do your own research but is costly and most will want to mediate or not consider it worth their time for a small claim. Proceed wisely!
Step 2. Send them a 'Letter Before Action'
A 'Letter Before Action' (or LBA) is your way of letting Manx Gas you mean business. A LBA can be as simple as letting them know your intent to take legal action if they do not provide whatever resolution you require from them, but should be sent 'Signed For' so you can evidence to the court that you have done this step.
If they ignore this, or you are unhappy with their resolution, proceed to Step Three!
Step 3. Register your claim with the courts
Unless you are seeking more than £10,000 in damages and compensation, a Small Claim can be made via a simple three page HC1 form with the court. You can download the form here or you can collect one from the Courts of Justice directly.
The form has five things to fill out and you can read our guide on how to here.
Note: You need to file the HC1 in TRIPLICATE so make 3 copies of the completed document before popping down to the courts!
When it's ready, you're ready to take it up to the courts public counter and file it.
Step 4. Pay The Court Fee
Depending on your claim amount, you have a small fee to pay which will be returned to you if you win your case.
Step 5. Wait.
The courts will now process your claim form. If all is good, you will be contacted to take your form to the coroners office.
Step 6. File with the Coroner. Then Wait.
Manx Gas have 14 days to file an acknowledgement they intend to defend or accept your claim (they won't do this of course...) and then 28 days to file a defence.
Step 7. Review their action.
If they fail to submit a defence within 28 days, you at this point can ask the courts to make Default Judgement against them which allows the court to execute your claim without the need for their defence. Proceed to Step 8!
If they do submit a defence, the courts will then allocate a date to review the case from both parties and pass judgement.
Step 8. File for Execution of Judgement (if required).
If Manx Gas fail to submit a defence, the courts will issue a Judgement by Default. If you have put a fixed amount on this, you should be issued a Default Judgement form which includes a blue stamp and you can take this down to your coronors again to serve on them.
If you didn't put a fixed amount on (which can be difficult to quantify things as damages), you now need to ask the courts to Execute this action. Fill in HC8A and take this back to the court. Note: This form is a little more detailed than the original and in this instance it is recommended discussing this with an advocate to ensure it is filed correctly.
Step 9. Win.
Congratulations. You have now defeated the Evil boss known as Manx Gas....
In all seriousness, it shouldn't have to come to this. Once served, they are now liable for the amount including your costs which should be paid immediately. If not, we recommend proceeding to Step 10, which we do anyway.
Step 10. Tell Everyone.
Again, it shouldn't have ever come to this, but if you get this far you should contact your MHK, the local press and anyone else you can think of to let them know exactly what you have had endure. You can find links to contact details for both MHKs and the press at the bottom of this site.
Finally, consider a donation to a charity that's trying to help people in these circumstances. If you're reading this, you are likely in a position better than some on the island this Christmas and a charitable donation is a nice touch to round off the Feel Good Factor in your victory!
Well done too. It's not an easy decision to take a stand, but the more of us that do, the less opportunity companies like this can exploit our collective acquiescence in future.