Warrant Application Oath and Data Protection Act

[Andrew Cox]

We recently had a warrant granted and entry was effected to install a prepayment meter. The background is long and convoluted and the application and grant of the warrant is almost certainly at best wrong on at least five counts. We need guidance to two important pieces of information before deciding which party to commence complaints/proceedings against. 1. The warrant was applied and granted despite a non compliance to a request for specified records under the DPA. Letters (two to each) were sent and recorded as received by both Laidlaw and Metcalfe without any response. Are we correctly informed that a Warrant should not be applied for or granted pending a DPA request and a statutory period post provision of the information. Secondly we have asked for the "Court Record". This has not been complied with and they have attempted to fob off with that Centrica submitted under oath. Accordingly we would like to see the form of warrant application and the format and terms of the oath. Please help guide us to the information, Unable to find it despite extensive Internet searches. Thanks in anticipation.

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

Under the Civil Procedures Rules 1998, Centrica would be obliged to disclose all evidence it intended to reply upon. I presume that Laidlaw and Metcalfe are a firm of solicitors. If they are, a telephone call to the Solicitors Regulation Authority might be in order as this may amount to a breach of the Solicitors Code of Conduct.

[miliitant]

Re: Warrant Application Oath and Data Protection Act

may i ask

if an entry warrant is being applied for by a utility company

why is the data subject not given a court date to attend if necessary by the utility company to object to the application for entry by the utility company

cpr must apply, even in a majistrates court, so why no hearing with all parties given the opportunity to attend

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

Under the Civil Procedures Rules 1998, Centrica would be obliged to disclose all evidence it intended to reply upon. I presume that Laidlaw and Metcalfe are a firm of solicitors. If they are, a telephone call to the Solicitors Regulation Authority might be in order as this may amount to a breach of the Solicitors Code of Conduct.

We are aware that Centrica should provide the evidence and in this case it will crucially establish what was omitted. But quite unbelievably we are not getting a response from Centrica and The Court also has still failed to provide the "Court Record" for the hearing. Laidlaw is the CEO of Centrica and Metcalfe is the Head of Operations British Gas Trading and is the person ultimately responsible for applying for and effecting Warrants.

We also copied the company's solicitors on the correspondence and have this week again reminded them their client is in breach of The DPA. We have put the solicitors on complaint notice too. We strongly suspect the delay is because people are destroying evidence and trying to concoct a defense - which will be a waste of time because we have very complete records and telephone notes for every exchange. As it stands we do not wish to engage our solicitors until we have all the evidence otherwise the cost would be disproportionate to the sum involved - and by the way we had offered to pay the disputed sum in to the Court or in to ESCROW pending a negotiated or arbitrated solution to the contract dispute. The fundamental question we need answering is - is a utility company legally correct in applying for a Warrant pending an unfulfilled DPA Information request.

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

may i ask

if an entry warrant is being applied for by a utility company

why is the data subject not given a court date to attend if necessary by the utility company to object to the application for entry by the utility company

cpr must apply, even in a majistrates court, so why no hearing with all parties given the opportunity to attend

Criminal Procedures Rules 2011 apply in a magistrates court. A lot of utilities companies do not give notice because they do not want to be challenged as to the accuracy and truthfulness of their application. I have only every once witnessed a customer turn up at a warrant application by a utility company. The representative from the utility company involved crapped themselves when the customer spoke up and hastily withdrew the application, but not before the customer had told the court exactly what the utility company had been doing. The utility company representative received a very stern warning from the court about the company's underhand tactics and attempts to mislead the court.

The best way of dealing with utility companies who use underhand tactics to obtain warrants is to force them to provide you with the time, date and venue of the application. Failing this, in fact, better still, ring the Listings Office at the court and obtain the necessary information from them and then turn up at the hearing.

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

We recently had a warrant granted and entry was effected to install a prepayment meter. The background is long and convoluted and the application and grant of the warrant is almost certainly at best wrong on at least five counts. We need guidance to two important pieces of information before deciding which party to commence complaints/proceedings against. 1. The warrant was applied and granted despite a non compliance to a request for specified records under the DPA. Letters (two to each) were sent and recorded as received by both Laidlaw and Metcalfe without any response. Are we correctly informed that a Warrant should not be applied for or granted pending a DPA request and a statutory period post provision of the information. Secondly we have asked for the "Court Record". This has not been complied with and they have attempted to fob off with that Centrica submitted under oath. Accordingly we would like to see the form of warrant application and the format and terms of the oath. Please help guide us to the information, Unable to find it despite extensive Internet searches. Thanks in anticipation.

An application for a warrant in a magistrates court is made on a form called an Information.

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

Thanks Bluebottle. After 95 days - therefore 55 days after the statutory requirement we received the Subject Data Access Request package from Centrica. The package weighed 1.2 Kg of which over 1.1Kg was letters we had sent to them and copies of invoices going well past the period required. We listed three individuals and 5 very specific requests including the warrant application. The package contained none - literally none - of the specific information requested. It did contain the final "Warrant Run" to the Magistrates Court on the date of Warrant Enforcement where they have stated that they tried to contact to effect an unforced entry. Yet another untruth!!! We have sufficient evidence now to issue proceedings both corporately and criminally against individuals. All I can say is that I think these kind of disputes will become less frequently now that there seems to be a political consensus that the Utility companies need much tighter control. I personally will lobby to ensure that any new legislation will restrict or remove many of the legacy rights they have had the unfair privilege of keeping post privatization. My fundamental issue with Centrica is that it uses the powers under the various utility acts to enforce what it mistakenly claims to be the right to enforce contract changes unilaterally. They must be made to operate within the normal legal contract framework.

[gwenlillian]

Re: Warrant Application Oath and Data Protection Act

Hi - this is similar to my current argument with British Gas, who obtained a warrant of entry whilst in dispute with me on their billing etc. I had two days notice of entry and they went ahead. The magistrates court appear to be taking in bulk applications from these companies and not bothering to check whether they have contacted their customers first. I was appalled that the mag. court told me that they had never heard of anyone attempting to have such a warrant set aside and that there is no procedure for this. They could not tell me what papers BG used without the dates or reference nos. and BG refused to give that info. to me, they also had no copy of the warrant with them on the day they fitted their prepay meter. (which incidentally is set up incorrectly and taking 80% of funds applied). I am still pursuing this company.

[labman]

Re: Warrant Application Oath and Data Protection Act

It is so difficult to know where to start with these things as, although clearly incorrect, they are becoming rife and spreading like an epidemic - the only person suffering is the consumer. It sounds much the same as Council Tax if bulk LO's are being processed all at once. The problem is, it seems however hard we challenge,and however much evidence we have, we STILL seem to be ignored. That's not a reason not to continue fighting, but it is a sad indictment on the legal process.

[seduraed]

Re: Warrant Application Oath and Data Protection Act

When the time comes and the MP's start browm nosing us for votes there may be an opportinity there. Has anyone here tried either "today" or you and yours on Radio 4 . These two programmes seem to be able to ceo's and senior politician to appear and also seem to get results.

[gwenlillian]

Re: Warrant Application Oath and Data Protection Act

Hi there - the man who was in court for British Gas re their warrant against me, showed me a copy of their warrant the day after fitting the meter (as I requested) he would not allow me to copy it so I just took the date and ref. no. from it. It was a simple typed sheet of paper, didn't look particularly official and I could have typed it myself. I will provide this information to the court when requesting their copies and it will form part of my complaint to Ofgem. It certainly appears that these companies are using tactics against consumers with little investigation by the magistrates themselves. It seems that there should be a rule introduced that Utility Cos. provide a signed acknowledgement sheet or somesuch from the consumer before they can proceed. In my case they said that someone had visited me when they had not.

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

An application for a warrant in a magistrates court is made on a form called an Information.

Can anyone provide me with a copy of what an "Information" looks like and a copy of the regulations/guidelines for filing one. I have now written to Lavender Hill Magistrates Court by Royal Mail "Signed For" on two occasions asking 1. For a transcript of the hearing 2. Whether the written submission explaining that the Application was unlawful was provided to the magistrate and if so why was the Warrant granted and 3. asking for an explanation of why they refused to provide either confirmation of the hearing or the actual warrant grant despite requests in writing and multiple phone calls. Unbelievably both requests were ignored despite proof of receipt. Centrica have still not fulfilled the DSAR!!!

[gwenlillian]

Re: Warrant Application Oath and Data Protection Act

Hi - I also wrote to my local magistrates asking for copies but they also ignored me. It is amazing isn't it. As you have done a DSAR and they are over you could take that to the ICO now. I will be doing a SAR on British Gas as soon as I can spare the £10. I thought that some of the CPR rules applied to magistrates anyway so they should have to comply. Transcripts of court hearing cost about £250 as far as I can tell - and there seem to be specialist companies that get these for you but is a whopping cost for a litigant in person - that's for county courts I know but haven't found any info re magistrates transcripts. Good luck.

[Animal]

Re: Warrant Application Oath and Data Protection Act

The best way of dealing with utility companies who use underhand tactics to obtain warrants is to force them to provide you with the time, date and venue of the application. Failing this, in fact, better still, ring the Listings Office at the court and obtain the necessary information from them and then turn up at the hearing.

I'm curious how you would do that when you don't know anything about it? In my case, I was threatened, but no court information or anything....

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

Failure to notify the date, time and venue of a hearing could be construed as Perverting the Course of Justice, as the Complainant (criminal matters only) has prevented the Defendant from challenging the application and putting their case to the court. If the utility company will not tell you the necessary details, contact the Listings Office at your local magistrates' court and ask them to confirm if the utility company have applied for a hearing against you. You can do this over the telephone.