British Gas Warrant of Entry

[Animal]

Nice Christmas present from British Gas. Today I received a letter stating they had obtained a warrant of entry to fit a prepay meter.

Earlier in the year they claimed I owed money. I disputed this. I told them I have a bank statement showing money going out on the same bank transfer I had used for 12 years. They claimed they 'accidentally' closed the bank account (!) and that the money had been refunded to me. I could not find any record of this, so I asked for proof. They stated they had none.

Despite this, they marked my credit file as in debt, preventing me from changing gas supplier and telephone supplier (tel not related, attempt to change just coincided with this dispute). After threatening me with warrant, I took the matter to the ombudsman claiming for defamation. Ombudsman now claims they did not receive my complaint!

Anyway, I received no further communication from BG until this morning when a letter arrived stating they had a warrant. I received no notification of any court hearing.

Is there any way to stop this warrant? BG state they will attend on 11th Jan, and have refused to stop the action. Ombudsman was unable to advise further other than saying I should ask BG to stop the action...

I've been told I can seek an injunction, but I was quoted thousands... :-(

[bluebottle]

Re: British Gas Warrant of Entry

Nice Christmas present from British Gas. Today I received a letter stating they had obtained a warrant of entry to fit a prepay meter.

Earlier in the year they claimed I owed money. I disputed this. I told them I have a bank statement showing money going out on the same bank transfer I had used for 12 years. They claimed they 'accidentally' closed the bank account (!) and that the money had been refunded to me. I could not find any record of this, so I asked for proof. They stated they had none.

Despite this, they marked my credit file as in debt, preventing me from changing gas supplier and telephone supplier (tel not related, attempt to change just coincided with this dispute). After threatening me with warrant, I took the matter to the ombudsman claiming for defamation. Ombudsman now claims they did not receive my complaint!

Anyway, I received no further communication from BG until this morning when a letter arrived stating they had a warrant. I received no notification of any court hearing.

Is there any way to stop this warrant? BG state they will attend on 11th Jan, and have refused to stop the action. Ombudsman was unable to advise further other than saying I should ask BG to stop the action...

I've been told I can seek an injunction, but I was quoted thousands... :-(

Who told you it costs thousands? A prohibitory injunction under Section 3, Protection from Harassment Act 1997 costs £175 at your local county court.

[Animal]

Re: British Gas Warrant of Entry

Who told you it costs thousands? A prohibitory injunction under Section 3, Protection from Harassment Act 1997 costs £175 at your local county court.

A local Solicitor. My understanding is that a temporary injunction is granted on the basis of my statement, and a further hearing is scheduled later for both parties to make their cases. I assume the solicitor was including both hearings, plus research time but he didn't elaborate. Thinking about it, 5-6,000 does seem a lot... I don't know much about injunctions :-(

[bluebottle]

Re: British Gas Warrant of Entry

If BG have lied to or mislead a court in order to obtain a warrant of entry, they have not only committed Perjury, they have also committed the offence of Perverting the Course of Justice. I would suggest you contact your local magistrates court and find out when BG obtained their warrant. You may be able to attend the court and swear a Statutory Declaration to the effect that the Information BG laid before the court to obtain the warrant was erroneous or perjured and you were not informed of the hearing and were not afforded the opportunity to challenge/defend the action. You will need to take along all the primary evidence (letters, bank statements - originals and copies) you have to back up your case. Whether this will result in the cancellation of the warrant, I cannot say. Perjury and Perverting the Course of Justice are both serious offences and, not surprisingly, carry custodial sentences. I doubt very much whether a county court can overturn a warrant issued by a criminal court. An injunction is used, mainly, to restrain a person or organisation from doing something or encouraging others to do something on their behalf. Speak to the magistrates court first, then, if they can cancel the warrant, apply to the county court for an injunction restraining BG from further engaging in a course of conduct which clearly appears to be harassment brought about by incompetence.

[Animal]

Re: British Gas Warrant of Entry

Thanks Bluebottle, I was feeling pretty down there for a while, but that sounds like a good plan. Hope the courts are open on Monday... :-)

[Animal]

Re: British Gas Warrant of Entry

I contacted the local Court and they said they couldn't find anything related to a Warrant of Entry on my property... If the Warrant was obtained in a different Court, would my local Court know about it?

I also emailed Phil Bentley (BG CEO) before Xmas and he supposedly put his specialist team on it. I received a follow up email stating they had put the matter on hold and they would get back to me last week. I have not had any further communication.

In their email they stated 'Our warrant cancellation process is internal so we will therefore not notify the court that we do not intend to execute the warrant.' Should I be suspicious of this?

I cannot apply for a set aside without some form of reference to the case and I'm concerned lest they turn up on the 11th. Any suggestions?

[bluebottle]

Re: British Gas Warrant of Entry

I would be very suspicious of anything BG say. In the case of Ferguson -v- British Gas Trading [2009], BG got stung to the tune of £10,000+ for harassing someone and since it is a ruling by the High Court, it is legally-binding on the lower courts.

There is no such thing as set-aside in a magistrates court. Set-aside is only available in the civil courts.

I would put pressure on BG to reveal which court they allegedly obtained the warrant from and then contact the court concerned. I am sure the court will be highly-delighted to learn about what sounds very much to me to be the obtaining of a warrant on perjured evidence. Strictly speaking, when a utility company obtains a warrant by misleading or lying to a court, it is not only Perjury, it is also Attempting to Pervert the Course of Justice or Perverting the Course of Justice. These are very serious offences. I would also report this matter to OFGEM without delay.

[alham]

Re: British Gas Warrant of Entry

Another point - if the claim that the warrant was obtained turns out to be misleading (which it may well be ) than this will be another huge block in action for harassment.

[Animal]

Re: British Gas Warrant of Entry

Thanks Guys

The problem is that BG will not disclose any information. I gave them a deadline of 28 Dec to supply me with the documentation they used to obtain the warrant, but nothing has been forthcoming. The 'specialist team' claimed they would 'get back in touch with further information' during the 'w/c 31 December 2012', but nothing has been forthcoming...

I have prepared a SAR, but that is likely to take 40 days, possibly more according to other posts I have seen...

[alham]

Re: British Gas Warrant of Entry

well, in that case you need to go on the offensive. A letter pointing out that " lack of information regarding warrant and obfuscation when dealing with your case and complaints, and in spite of all your attempts to resolve this matter, their continual behaviour constitutes a clear case of harassment and intimidation contrary to [can.t remember the relevant Act, other members are experts on this]. Give them 7 days to respond otherwise you will be contacting your local police station alleging criminal behaviour." Also remind them that they are responsible for incorrect information submitted to credit agencies resulting in inability to change telephone contract etc... thus potential giving rise to additional claim for damages.

[gwenlillian]

Re: British Gas Warrant of Entry

any news?

[Animal]

Re: British Gas Warrant of Entry

Yes. Nobody turned up on the 11th. I heard today via email that they stand by what they said in a letter last July.

They have not supplied any information whatsoever. I asked for the documentation they submitted to the court to obtain the warrant with a deadline of 16:00 on 28 Dec 2012, with no response. I issued a SAR on 1 Jan 2013.

I'm trying to decide whether to seek an injunction and issue a claim before the SAR info comes through. Also considering seeking publicity, but I'm a fairly private person and not sure I want that...

[CleverClogs]

Re: British Gas Warrant of Entry

Also considering seeking publicity, but I'm a fairly private person and not sure I want that...

That's what those buggers are hoping.

If you ask nicely, I'm sure BBC Watchdog would refer to you by a pseudonym and have your words voiced by an actor.

[alham]

Re: British Gas Warrant of Entry

Yes. Nobody turned up on the 11th. I heard today via email that they stand by what they said in a letter last July.

They have not supplied any information whatsoever. I asked for the documentation they submitted to the court to obtain the warrant with a deadline of 16:00 on 28 Dec 2012, with no response. I issued a SAR on 1 Jan 2013.

I'm trying to decide whether to seek an injunction and issue a claim before the SAR info comes through. Also considering seeking publicity, but I'm a fairly private person and not sure I want that...

Write an email to CEO of BG, and remind him that it was he who instructed "a specialist team" to resolve your complaint,

[Animal]

Re: British Gas Warrant of Entry

Saw this on other forum:

A conversation with British Gas this afternoon:

Me: Hello, it's about all the different bills you keep sending me.
BG: How can I help?
Me: I moved into an empty flat about three months ago, called you, gave you the reading when I moved in and asked you to set up an account so that I can pay online.
BG: We set up the account for you sir.
Me: Yes, sort of, but it will not allow me to register and activate.
BG: I can look into that for you sir.
Me: In the meantime you keep sending me bills alleging that I owe you over £140.
BG: Yes sir, you need to pay for the gas you use.
Me: The gas that I use? How are you calculating the gas that I use then?
BG: It's an estimated bill sir.
Me: So, you'r not actually billing me for the gas that I use then?
BG: We are sir, it's an estimated bill.
Me: So, as I say, not the gas that I actually use but the gas that you think I have used?
BG: That's correct sir.
Me: Well, how about I estimate the gas that I use and then pay you accordingly?
BG: I'm sorry sir?
Me: How about I make up an arbitrary figure of the gas that I have used and then pay you based on my own estimate?
BG: I'm not sure I follow you sir.
Me: Okay, try this one then. Today I received a bill saying that I owe you £16.23 (and the reason for my call) - what's all that about then?
BG: That will be for the gas that you used before you moved into the property sir, and is based on the usage figure you provided.
Me: The gas that I used before I moved into the property, before I started using your gas and before I had a contract with you?
BG: Yes sir.
Me: Explain to me how that works then.
BG: Well sir, the gas that you used before you moved into the property was our gas and therefore it needs to be paid for.
Me: Right, only I didn't use your gas.
BG: Somebody did sir.
Me: And you want me to pay for it?
BG: Yes sir.
Me: Well, would you be so kind as to tell me who it was that used your gas and then you can chase them instead?
BG: You used it sir.
Me: No, I didn't use it.
BG: Well, somebody used it sir.
Me: That's as maybe but it wasn't me.
BG: Well, you will need to take that up with them sir.
Me: So, let me get this right. Somebody used your gas, it wasn't me, and it needs to be paid for because if it isn't paid for that constitutes theft from your company?
BG: That's about right sir.
Me: So, someone stole your gas and you want me to pay for it?
BG: Yes sir.
Me: I'm not paying for it, and if I did then that would make me and BG complicit in the theft of your gas as it clearly is theft if it was used by someone who had no intention of paying for it.
BG: I'm not sure I understand sir.
Me: Okay, try this. Go and pursue the person who used your gas without paying for it and quit bothering me.
BG: We can't do that sir.
Me: Whyever not?
BG: Because we don't know who that person is.
Me: Well then, have you reported this theft to the police?
BG: Pardon?
Me: Someone used your gas without paying for it, right?
BG: Yes sir.
Me: Well, that constitutes theft. I think you should report it to the police.
BG: I'm not sure I follow you sir.
Me: Let me put it another way. Someone took my bicycle the other day, without my consent and without the intention to return it. By your standard that constitutes theft. I want you to buy me a new bicycle.
BG: But we didn't take your bicycle sir.
Me: And I didn't use your ****ing gas. If you want the money then take me to court ... if you feel you will win.
BG: Pardon sir?
Me: Goodbye.

End of call.

:-)
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