A Stornoway guest house operator has won his legal case against the Energy Ombudsman over its service after he complained about overcharging by Scottish Gas.
Derek McPherson successfully argued the ombudsman mishandled his complaint and continued to investigate his case despite his request for them to cease after he opted to let isles MP Angus Macneil pursue his claim against the utility giant.
Mr McPherson, who represented himself in court this week, was awarded £750 compensation plus expenses.
Delivering his judgment at Stornoway Sheriff Court on Thursday, Sheriff David Sutherland concluded the Ombudsman “breached the implied terms” of their contract.
The sheriff pointed out the Ombudsman had previous admitted to Mr Macpherson that there was a “shortfall” in their service.
Mr McPherson said he was delighted with his “victory” – but disappointed that he did not get the full £3,350 sued for.
During a hearing, Eleanore Beard – an internal policy solicitor for the organisation – maintained he gave “conflicting information” which they construed as a wish to continue.
The background to the row relates to Mr McPherson’s campaign to stop alleged discrimination against islanders who receive gas piped from the Stornoway gasworks to their homes.
The fuel is shipped in by sea tanker and stored on a site on the edge of town before being piped to houses within Stornoway.
Mr McPherson, who runs the Fearnlea Guesthouse on Matheson Road, initially hoped the watchdog would help – but launched his legal action after dissatisfaction with their service.
The B&B landlord previously said he ended up paying 30% extra, claiming Scottish Gas – who has no involvement with the legal action – had been charging a more expensive “Stornoway” tariff to its 1,100 customers in the town.
Energy regulator Ofgem later took up the issue to ensure island customers are allowed to move onto the cheapest tariff, including its “white label” operation with Sainsbury’s Energy.
Scottish Gas denied claims up to a thousand households may have been overcharged, saying 350 customers in Stornoway switched to a different deal.
An Energy Ombudsman spokesman said: “At the Energy Ombudsman we provide impartial and independent decisions relating to unresolved consumer complaints.
“We are professional and robust in our complaint investigation handling, whilst at the same time recognising that this can be a stressful time for consumers.
“We believe our response and conduct in this case was fair and reasonable. We do, however, respect the Sheriff’s decision.”
