A bit of a complex debt problem / Warrent threat with a Utility Company .

[askaq]

Also , although you have NOT confirmed if you have delt with anyone who may actually turn up at the Court to challenge such related concerns in ref to what we have discussed or that I have posted..

You may seem to have suggested that it maybe something to consider trying .
and IT MAY take someone to risk chancing doing this to actually see what may happen.

Although I think I have seen another similar post on the forum that referred to some one doing so on more than one occasions..such as maybe once a year for upto 8 years to get warrents cancelled against them.

If this is so.. maybe it is possible, but the system may then allow the UT companies to apply or try again to request a warrent. At the same time, MOST people will NOT challenge it... so for the majority that the UT Company will apply for, they will be able to act on them..

BUT if that is the case... then one still may wonder why this is so... if upon challenging such a things that the Courts may cancel the warrent ... BUT this is never made aware to the public that they maybe able to do this.

or even if it it is actually really lawful to do so.


[QUOTEBy all means turn up at court and speak to the person from the power company who has the job of getting them signed. The power companies apply for warrants because of debts and are granted them][/QUOTE]

As I suspected all this looks like Common Law rubbish to me:

8. Will the Justice Of The Peace and Clerk be sitting on their Oath, which swears to support the Coronation Oath to uphold “the laws and usages of the realm”?

Do not get taken in by it.

I sign these things all the time. They are legal. They are for debts. There is little more to say. These arguments never work.

[ostell]

So, as already suggested turn up in court on the day and object to the issue of the warrant

[askaq]

Sorry Echat, I initially thought your 1st posts see below, was from Island Girl.
I may try the CAB further if I do manage to get any further advice from forums or trying to phone a few solicitors who may
offer some advice.

I have tried to email a few who claim to offer some initial free advice, but I am sorry to say , some seem to have gone out of business
as the emails returned or did not get thru ...

Being new I am not sure if this forum does actually have any professional advisers good enough to actually answer such questions as I have asked about.

In ref to you suggesting that I "need to post a concise / brief summary of the situation."

Do you mean on this forum thread or if I were to go to court ot contact other legal advisers ?

I did initially try to Highlight the main points in my 1st post wrote in BOLD...that I hoped to get a response to.
but I am not a good writer to be able to reduce it down to shorter descriptions...
and I wwas not sure I may have needed to write to ry and explain or claify further about the situation.

Can you explain a bit more about how a Council community worker maybe able to advise me ?

Some of my situation occurred either by fate or bad luck or some issues are a combination of changes in
various systems.. or my decisions not to along with certain things , such as disaagreeing to taking a medical
to be accepted for ESA sickness benefits. Some of these are basd my own moral grounds.

I am not how coucil could help me in terms of trying to find out where I stand with the Utility issues that I have..
either such as if MY brother illelgally informed the "UT Co" to put the full debt on me and threaten me to obtain a warrent.

or if I am in my rights to dispute the warrent threat or to stop it. or prevent having to be given pre pay meters .

so I consider mainly two main issues that I am rying to find out my rights.


echat11
VIP Member

To be honest, you need to post a concise / brief summary of the situation. Ask relevant questions.

Your local Council will have a community worker who might be able to assist with this situation.

Yesterday, 17:17:PM


This might help if the younger brother (you say he has problems he is dealing with) is a 'vulnerable persons' -

https://www.citizensadvice.org.uk/co...payment-meter/

He can be added to the Priority Services Register -

https://www.ofgem.gov.uk/information...vices-register

[echat11]

In ref to you suggesting that I "need to post a concise / brief summary of the situation'.
Do you mean on this forum thread or if I were to go to court ot contact other legal advisers ?

Both, sometimes a paragraph says more then 4/5 pages.

Can you explain a bit more about how a Council community worker maybe able to advise me ?

See what help the Council can offer, explain what's happened, explain that you are on ESA.
They should offer some assistance. They do have out reach workers. There are also
disability helplines.

[askaq]

We, was hoping to try to obtain an answer to my questions if possible before anyone would have to consider having to go to court to challenge the warrent.if that is possible ! as we would not like to have to do so if there is an alternative,

such for eg.. IF It was that the Executor older brother had informed the UT company and they acted on his word..
when the Executor is also owing part of the debt even if its just 1 to 10 % of it...

We dont think that they should have been able to send the letter and warrent threat just to the younger brother..

and from trying to research... I am led to believe they have to aim at the right persons or people or they maybe liable if they attempt to break the door down or break the door locks to enter the property.

Id also ask.. WHY its NOT possible if need be for them to be able to phone or write to the courts to challenge the case.

The person concerned has VERY little money to afford transport costs and is not well or presently very good to walk to travel.

ALSo if the facts posted are correct and the UT company are requestiong (and Courts are issueing) warrents .
and it is illegal..or some may say fraud on behalf of the UT company on just on behalf a debt issue..

Then they MAY ask WHY should they have to go to Court..!

Hence why we are trying to investigate before the deadline... which could be within the next few weeks.

So, as already suggested turn up in court on the day and object to the issue of the warrant

[askaq]

I appreciate your reply echat.

I note what you say... I will try to create a shorter consise version.. but If I was later in future communication with
other advisers I suspect I would still have to explain in much more detail to try to make them understand ..if it is seen
as more complex.

The person ivolved was on ESA but had their benefits stopped for not agreeing to attend a ATOS / or Maximus type DWP medical.
and since has not been willing go along with that as he disagree with them trying to enforce such things...

So I doubt if the Council would have much sympathy ..

but they could be worth a try !

Thank you

In ref to you suggesting that I "need to post a concise / brief summary of the situation'.
Do you mean on this forum thread or if I were to go to court ot contact other legal advisers ?

Both, sometimes a paragraph says more then 4/5 pages.

Can you explain a bit more about how a Council community worker maybe able to advise me ?

See what help the Council can offer, explain what's happened, explain that you are on ESA.
They should offer some assistance. They do have out reach workers. There are also
disability helplines.

[askaq]

I May have got lucky... As I managed to eventually find and call a Solicitor who Very fortionatly answered the call direct rather than me having to give my details and see if they offered me a call back or later reply.

They were able to offer me some advice in relation to the part of questions to do with the Probate / executor... in ref to issue betweenthe two brothers.

and their opinion was, that IF the person (Younger brother ) living in the property has or is still using the Utilities that the debt should be on him, and NOT the Older brother who is the exector (who lives elsewhere).

and if for some reason , the younger brother still disputed this and it had to go to court... that ideally they would want an agreement between them to sort it out, BUT if they did NOT... then the Courts or Judge could.I think they said remove any executor, and , grant a 3rd Party as an executor to sort the issues out according to the debt or the will. or that was the basis of what they thought.

HOW this may effect the Younger brother, from then on, maybe even in terms of him living at the property , I dont know.

such as could the younger brother be asked by a 3rd party executor to move out of the house or if he could still remain their ..for what ever time or until some sort of arrangements were agreed upon or made.

The older brother had seeked some legal advice and had said he was to believe that if it went to court that he was led to believe that he could probably win the case... (Unless for some valid reason the younger brother could further dispute it)

BUT in ref to a possible 3rd party executor being put in charge..I think That was something that I dont think any of the two concerned were aware of...

So at least that has offered some further guidelines to consider or to now be aware of.

What I dont know is how the younger brothers past problems maybe viewed if they did think he has other valid past issues in which may go in his favor, such as if he had to to court to try to resolve what he thought was some past work related issues as to where he obtained some work related injuries caused by others and lost his employment thru it... Also one adviser had suggested that the Police may have to get involved...
and this has made the issue somewhat very hard to comprehend for him.

Plus also he was later put on benefits as unfit for work thru it, but some time later did NOT want to give full details as to his injuries , when he asked to attend a DWP medical. He also may now have some mental issues and has this can be found to be a very tricky area when to it comes to admitting to such things, not only in how the DWP medical assessors may view it, but also if it was to get put on his record,,and later somehow or
other futures employers were to made aware of it...

The THING is the system has NOW been made like for some peoples situations, where as previously people
could much easier get the benefits that they needed to help recover without having to have such medicals or
inform whoever about ones more indepth health situations.

as until he got proper legal advice on his previous works issues.. HE does not want certain things going on his medical record as he believe that could later end up effecting any future employment and he does not trust the DWPs medical accessors or having to have them his details on their system...

As that could be a complex long case to deal with, that could end up being quite a long terms issue.

Then in ref to the other issue with the Utility company, the Solicitor said she not give best advice in that area as she did not specilise in it. But she thought if the younger brother informed them to try to explain his situation, that MAY consider offering him further time..or at least not take action with the warrent... BUT she was not certain on a worse case situation if they did insist of persuing it.