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

[Animal]

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

I used another machine running Windows & IE :-)

[Amethyst]

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

See http://www.energy-uk.org.uk/publicat...questions.html

attached

[bluebottle]

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

Write to them asking when and where they propose to submit the warrant application. If they tell you, go along and oppose it. If you know they have got one, and it remains unexecuted, it is also possible to get an interim injunction blocking execution.

I agree that an interim injunction, blocking execution and any further attempts to obtain warrants, would be a sensible course of action. I do know that some judges take a very dim view of corporate bodies misusing the courts and the legal process.

I also agree that BG's conduct is now coming very near to, if not amounting to harassment.

[Animal]

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

Can the Magistrate issue an injunction? Would I have to prepare it in advance, like you are expected to do with a court order? Any references/examples as to the form an injunction should take?

[Animal]

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

I guess no one knows if a Magistrate can issue an injunction...? :-(

I'm trying to understand the implications of clause 8, section 15A of the Gas Act 1986- Billing Disputes.

(8)No [F4gas supplier] may commence proceedings before any court in respect of any charge in connection with the provision by him of gas supply services unless, not less than 28 days before doing so, the [F3customer] concerned was informed by him, in such form and manner as may be prescribed, of—
(a)his intention to commence proceedings;
(b)the customer’s rights by virtue of this section; and
(c)such other matters (if any) as may be prescribed.

Given that they are aware of a dispute, does this mean that they have to give 28 days notice of their application for a warrant of entry...?

[wales01man]

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

Have never heard of a magistrate issuing an injunction that would be to easy?

[Animal]

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

Application rejected. Magistrate suggested BG should supply information on why they claim I owe this money... Song 'that'll be the day' springs to mind...

Anyone want to lay a bet that I'll received another letter within the next 10 days notifying me of another application for a warrant...?

[enquirer]

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

Application rejected. Magistrate suggested BG should supply information on why they claim I owe this money...

That makes a change. Were you there?

Anyone want to lay a bet that I'll received another letter within the next 10 days notifying me of another application for a warrant...?

Quite possibly. They may keep submitting applications until they hit on a gullible magistrate. Keep a record of everything - you should now be building your case against them.

Bear in mind that even if they do eventually get a warrant, you will be able to force the court to disclose the 'evidence' that BG produced. If that was fabricated, then that would be very serious indeed.

[Animal]

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

That makes a change. Were you there?

Yes, I defended it myself.

Quite possibly. They may keep submitting applications until they hit on a gullible magistrate. Keep a record of everything - you should now be building your case against them.

Bear in mind that even if they do eventually get a warrant, you will be able to force the court to disclose the 'evidence' that BG produced. If that was fabricated, then that would be very serious indeed.

Unfortunately, I did not received any paper judgement and I've already repeatedly asked for a copy of the statement they've made to the court with no success. BG ignore any request.

BG rep simply states what he 'believes to be true' at the time (this is what he said in court).

Just been reviewing and BG's own document sent at the end of last year which states that my estimated usage for this year (2013) is £750 and I've already paid more than that for last year (2012) and they claim an additional £350 is still owing... Figure that one...!

The document they obtained by fax, supposedly my account, has transactions that are unrelated to any bills. I have no idea what they are. Even their own rep couldn't figure it out, even after spending quite some time on the phone to his office...

This warrant of entry law sucks. It needs to be changed.

[Animal]

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

This morning I received a letter informing me that my 'debt' has been passed to a debt collection agency and that they will be sending someone out in the next few days. They've already been told not to enter my property. There's a threat of another warrant of entry application...

[enquirer]

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

This morning I received a letter informing me that my 'debt' has been passed to a debt collection agency and that they will be sending someone out in the next few days.

If BG were that confident, they would have taken you to the County Court. The fact that they don't want to speaks volumes.

What they are trying to do is get the money through other means. In this case, a gullible magistrate who will give them a warrant which will allow them to force entry and put in a prepay meter. It's thoroughly dishonest, but then, that's BG all over.

Instead of taking the normal route, they are setting the goons on you. As they are only DCA's, they have no power. They will seek to get money out of you by intimidation, so don't hesitate to call the police when they turn up. Tell the the goons that you want to be sued in the County Court.

It might be an idea to write to the CEO (never telephone or email these people), inviting him to sue you in the County Court. Send it Recorded Delivery.

There's a threat of another warrant of entry application...

Wait and see what, if anything, materialises.

[Animal]

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

Is there any way to find out if BG are submitting another warrant application? Would the court know in advance?

[enquirer]

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

Is there any way to find out if BG are submitting another warrant application? Would the court know in advance?

If it's done through the court proper, then Yes. The problem is that it would still be of no benefit unless you check the listings regularly.

If they won't take you to court, it may be time to force the issue by taking them to court.