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Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

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  • Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

    Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

    It was my understanding that they could only obtain a warrant for actual gas usage, not debt collection charges...

    Any references to law/precedents would be appreciated...
    I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

  • #2
    Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

    Hi Animal,

    Do I take it that the 'gas used' part of the bill has been paid (or will be paid)?

    Btw, was the invoice produced via an actual read, or an estimated one?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

      Originally posted by charitynjw View Post
      Do I take it that the 'gas used' part of the bill has been paid (or will be paid)?
      Yes, it has been paid.
      Originally posted by charitynjw View Post
      Btw, was the invoice produced via an actual read, or an estimated one?
      Actual Read.
      I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

      Comment


      • #4
        Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

        & you have proof of payment?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

          Originally posted by charitynjw View Post
          & you have proof of payment?
          Yes.
          I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

          Comment


          • #6
            Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

            53 views and nobody knows...?
            I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

            Comment


            • #7
              Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

              If it were me, Animal, I would look to privity of contract.

              (Unless there is some statutory provision or similar, like bailiffs & CT)
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                Originally posted by charitynjw View Post
                If it were me, Animal, I would look to privity of contract.

                (Unless there is some statutory provision or similar, like bailiffs & CT)
                I had to google that...! :-)

                I don't understand how that applies. There are only two parties, me and BG.

                I assume you are saying they can get a Warrant for debt collection charges...?
                I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                Comment


                • #9
                  Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                  Under usual contract law, if there is a contract between two parties, a third party cannot interfere in that contract.
                  As usual, however, there are special exceptions to that rule.
                  You have a contract with the provider; they have a separate contract with the DCA.
                  The DCA will be acting as agents, I reckon, unless of course they have purchased the debt, in which case you should have received a Notice of Assignment (Law of Property Act 1925)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                    All the letters are from BG, not a DCA. I believe the guy at court was a BG employee.
                    I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                    Comment


                    • #11
                      Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                      Originally posted by Animal View Post
                      All the letters are from BG, not a DCA. I believe the guy at court was a BG employee.
                      What court hearing? Details please.

                      Comment


                      • #12
                        Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                        Originally posted by enquirer View Post
                        What court hearing? Details please.
                        Can't see the relevance, but...
                        They have applied three times for a warrant.
                        The first I was not notified. They withdrew after I contacted the CEO.
                        The second they withdrew on the day, after I attended with documentation showing I had paid.
                        The third is the one which is about to be heard.

                        This thread seems to be wandering off to nowhere... :-(
                        I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                        Comment


                        • #13
                          Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                          Originally posted by Animal View Post
                          Can't see the relevance, but...
                          They have applied three times for a warrant.
                          The first I was not notified. They withdrew after I contacted the CEO.
                          The second they withdrew on the day, after I attended with documentation showing I had paid.
                          The third is the one which is about to be heard.

                          This thread seems to be wandering off to nowhere... :-(
                          Hi Animal,

                          Some useful info on this thread - http://www.legalbeagles.info/forums/...lling-Disputes

                          A bit more here - http://www.mumsnet.com/Talk/mumsnet_...or-taking-part

                          And here - http://thejusticeofthepeace.blog.co....upply-8231890/

                          The Magistrate's 'Good Practice' guide would be useful - does anyone have access to it?
                          Last edited by charitynjw; 26th September 2013, 05:08:AM.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                            All I know is...BG can get a court order to fit a PAYG meter and rock up with a locksmith if entry is refused. The debt is added to the meter and a % of any credit put on the card is taken off against the debt.

                            Comment


                            • #15
                              Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                              Originally posted by Inca View Post
                              All I know is...BG can get a court order to fit a PAYG meter and rock up with a locksmith if entry is refused. The debt is added to the meter and a % of any credit put on the card is taken off against the debt.
                              Yes, it would appear that obtaining a warrant has become pretty much a rubber-stamping exercise.
                              Hence the comment re this 'Good Practice Guide' - it might provide a route to fight the burghers!
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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