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A Stornoway guest house operator has lost a defamation case against Centrica, the parent company of Scottish Gas.

Derek McPherson sought to sue the energy company for £5000 for allegedly making a “false and dishonest” public statement against him.

The case was dismissed when it called in front of Sheriff David Sutherland in Stornoway Sheriff Court yesterday (Mon).

Mr McPherson is to pay £150 towards the gas company legal expenses.

The background to the case stems to claims Scottish Gas imposed a more expensive “Stornoway” tariff to its 1,100 customers in the town.

Prices were 30% more dearer than the next available scheme resulting in Stornoway households being overcharged up to £1 million a year in gas bills, he suggested.

But Scottish Gas denied the claims, saying over 350 customers in Stornoway switched to a different deal.

After Mr McPherson took up the cause, energy regulator Ofgem stepped in to ensure island customers are allowed to move onto the cheapest tariff, including its “white label” operation with Sainsbury’s Energy.

Derek McPherson said he was repeatedly prevented from accessing a cheaper tariff in six or more phone calls he made about moving to Sainsbury Energy, a tariff also provided by Centrica.

When the overcharging claims became public, a “deceitful and wilfully mendacious” press statement from Centrica “purposely impugned” his character, he told Stornoway Sheriff Court this week.

He maintained the utility giant downplayed the situation by “omitting crucial information” giving the “false” impression he acted “out of proportion” and thus people would have judged him to be someone “lacking in reason.”

Centrica gave him “illegal” advice and “had a policy” of deliberately withholding cheaper prices from Stornoway customers, he added.

Philip Knight, counsel for Centrica, told the court the energy company admitted giving Mr McPherson “wrong” information.

Only made a “fleeting comment” referring to Mr McPherson appeared in a contentious press release which he said was directed at rebutting Western Isles MP Angus MacNeil’s claims overcharging.

The statement was “not intended to give every detail of every conservation” over the row.

Neither was it issued with “malice” nor does it “lower the opinion of people towards the claimant,” said Mr Knight.

Earlier this summer, Mr McPerson won a legal case against Energy Ombudsman over its flawed service after he complained about overcharging by Scottish Gas.

The court agreed the ombudsman mishandled his complaint and breached the implied terms of their contract.

 

 

Guest house operator loses defamation case against gas giant

6 September 2018