British Gas Warrant of Entry

[beagle007]

British Gas are sending letters for monies that I do not owe.Has been a long dispute.Despite matter being fully disputed BG have continued harrassing me directly and indirectly through a series of DCA's and now saying will obtain warrant of entry.Do I have to receive notice and details of court hearing for warrant?does anyone know the details? What counter order plus costs should I request?

[teaboy2]

Re: British Gas Warrant of Entry

How much are they claiming you owe? Do you have proof you do not owe it? Or what leads you to believe you do not owe it?

For the record, i do not doubt you when you say you do not owe, so i just asking the above questions to get the facts of the situation really. As british Gas have form for this - Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) - British Gas lost by the way

[enquirer]

Re: British Gas Warrant of Entry

British Gas have a thing about forcing prepay meters on customers (see Legal Beagles passim).

Write a full chronology and include all your workings. Highlight their obvious reluctance to sue for the money that they allege that you owe, and point out that they are vicariously liable for any unlawful actions committed by the DCA. Head it 'Formal Complaint' and then send Recorded Delivery to the CEO.

This may work, or it may not. If it doesn't, then you have begun to create the paper trail that you will later need in court.

[beagle007]

Re: British Gas Warrant of Entry

Thanks for the replies but I need to know what the warrant of entry procedure is step by step.Its all very well be right and having the law on your side but the problem is that BG are ignoring law consumer focus, ombudsman even their own complaints proceedures etc so am concerned that they will ignore warrant procedure and deny me opportunity to challenge warrant at court-The harrassment in this case is worse than Ferguson who had the financial resources to take BG to court and even then BG appealed.

[enquirer]

Re: British Gas Warrant of Entry

Its all very well be right and having the law on your side but the problem is that BG are ignoring law consumer focus, ombudsman even their own complaints proceedures etc so am concerned that they will ignore warrant procedure and deny me opportunity to challenge warrant at court.

This is quite normal for British Gas.

All of the following is of interest, but note in particular the posts from 15 May 2013 05.37 by 'Dave Jones' and others.
http://thejusticeofthepeace.blog.co....upply-8231890/

In theory, you should be told of a warrant application, but in reality this is most unlikely. The chances are that the first you will know of it is when they turn up with the police and some heavies to force entry. This is why it is important to begin laying a paper trail that will enable you to later demonstrate that they may have acted unlawfully.

If you are told of the hearing, then as long as your paperwork is adequate, you should be able to defeat the application.

[beagle007]

Re: British Gas Warrant of Entry

"If you are told of the hearing, then as long as your paperwork is adequate, you should be able to defeat the application." If they have not followed due process or do not have a lawful warrant of entry how can they break into your home? Further how do I obtain a copy of BG statutory declaration and any BG supporting evidence to challenge any warrant application?

[enquirer]

Re: British Gas Warrant of Entry

If they have not followed due process or do not have a lawful warrant of entry how can they break into your home?

Even though a warrant may be obtained fraudulently, in theory at least, it's valid (signed by a magistrate in good faith, etcetera). Once executed, you show it to be wrongful and then seek redress.

There is an argument to the effect that if you know at the time that it has been secured unlawfully, then you can resist, but I am not aware of such being attempted. I suspect that it would be a difficult case to make.

As they are evidently reluctant to sue (too much evidence and too many questions, one suspects), an injunction to prevent further harassment should certainly be given serious consideration (see Ferguson, as suggested earlier by teaboy2). This may forestall a warrant application and would certainly bring them to the attention of the court. Should they choose to continue, they will be badly wrong footed.

Further how do I obtain a copy of BG statutory declaration and any BG supporting evidence to challenge any warrant application?

Contact the court and ask for procedural advice.

s2.2(a) Rights of Entry (Gas and Electricty Boards) Act 1954 (as amended), requires that they notify you at least 24 hours in advance of the hearing. This is the so-called 'Human Rights' letter. Don't be surprised if it doesn't turn up.

The Act places certain obligations on the magistrate hearing the application. Unfortunately, most magistrates know little or nothing about it and tend to rubber stamp warrant applications (an almost identical situation to that prevailing with TV Licensing), so you will need to bone up on the legislation (it's quite short, concentrate on s.2).

Note that an unresolved billing dispute (see also s.15A Gas Act 1986), is not a legitimate reason upon which to apply for an entry warrant. If they say that you owe money, and you disagree, the County Court is the place to deal with the matter.

It is possible that using the warrant process to circumvent the courts could be held to be Abuse of process.

[beagle007]

Re: British Gas Warrant of Entry

Thanks for the reply you mention "Human Rights" letter is this Article 6 ? If so cannot the decision of the magistrate to grant the warrant without the respondent being afforded the opportunity of challenge be deemed unlawful and challenged by way of judicial review? Has anyone ever done this? Further prior to the warrant issuing can an emergency injunction be obtained against British Gas (and their agents) to prevent any further harrassment? has anyone done this?

[enquirer]

Re: British Gas Warrant of Entry

Thanks for the reply you mention "Human Rights" letter is this Article 6 ? If so cannot the decision of the magistrate to grant the warrant without the respondent being afforded the opportunity of challenge be deemed unlawful and challenged by way of judicial review? Has anyone ever done this?

Yes - Article 6 Right to a Fair Trial.

As obtaining a Judicial Review is a lengthy and expensive process, I very much doubt that this has been done with regards to British Gas. I suspect that it would be more practical and more cost effective to simply sue afterwards.

Further prior to the warrant issuing can an emergency injunction be obtained against British Gas (and their agents) to prevent any further harrassment? Has anyone done this?

You could certainly try for an injunction to prevent further Harassment, and/or for one to stay execution of the warrant. I believe the first may have been done, but doubt that the second has been attempted (the main reason being, I suspect, that the victim mysteriously receives no notice).

There is also an obscure tort - Malicious procurement of a Search Warrant. I wonder whether it could be argued that a similar tort exists with regard to malicious procurement of a warrant of entry.

[beagle007]

Re: British Gas Warrant of Entry

thanks for the reply regards JR could not the matter be considered as an urgent application?I am interested in the obscure tort of malicious procurement of a Search Warrant or similar but again this would be rectrospective-If it is the case that British Gas are as a matter of routine maliciously procuring Warrants of Entry in breach of at least the Human Rights Act (allegedly mysteriously,mistakenly or otherwise) why hasn't someone challenged this?Further what on earth are the ombudsman services ,ofgem and the likes doing about this??? Does anyone know any good MEDIA contacts or similar that can be contacted to both shame and stop BG from this unlawful conduct?

[bluebottle]

Re: British Gas Warrant of Entry

There have been cases involving BG where courts know nothing about warrants alleged to have been issued by them and warrants that are strongly suspected of being false instruments. If anyone is found to have made or used or is found in possession of a false instrument, that is a serious matter and carries criminal sanctions, including imprisonment.

As to injunctions, the most appropriate for dealing with harassment is a Part 8 injunction under Section 3, Protection from Harassment Act 1997. These can be granted by a District or Deputy District Judge in the county court, but final disposal of the case has to be under the jurisdiction of a civil Circuit Judge.

Such injunctions are applied for using court form PF39CH. The court fees are £150 - £175, but court fees have recently increased so do please check with your local county court as to current fees. If you are on a limited income, check to see if you are entitled to partial or total remission of court fees. When applying to the court for the grant of a Part 8 injunction (They are granted under Part 8 of Civil Procedures Rules 1998.), please go prepared to appear before a judge as the court staff will do their best to find an available judge to hear the application. On the day of applying and no later than three (3) working days from that day, you must also lodge a claim with the court for redress. The hearing for this claim will be heard by a Circuit Judge who will also make the injunction permanent at a later date. This can be as early as 14 days from the date of the injunction being granted.

Be in no doubt that Part 8 injunctions pack quite a punch. Breaching such an injunction carries criminal sanctions - a fine of up to £20,000 or up to six months imprisonment or both, in the case of summary conviction, an unlimited fine or up to five years' imprisonment or both in the case of conviction on indictment. Where the defendant is a company, the company can be fined and its directors, secretary, officers, managers and employees and anyone acting on their behalf or under their instructions can also be fined, sent to prison or both.

Part 8 injunctions should not be entered into lightly and, in your case, an Unless Order to accompany the injunction and claim should be considered. Where debt collection agencies have been served with such proceedings, they often cannot settle fast enough.

[enquirer]

Re: British Gas Warrant of Entry

... regards JR could not the matter be considered as an urgent application?

No - JR is more a retrospective thing. An injunction is the way to go for now.

If it is the case that British Gas are as a matter of routine maliciously procuring Warrants of Entry in breach of at least the Human Rights Act (allegedly mysteriously,mistakenly or otherwise) why hasn't someone challenged this?

A variety of reasons - the law in this area is obscure and confusing; firms act quickly and without scruple; magistrates frequently know nothing about this area of law and often believe that companies like British Gas are authoritative.

Further what on earth are the ombudsman services ,ofgem and the likes doing about this?

Few understand just how vicious these firms can be. Awareness needs to be raised - that's why high profile defeats in court - and subsequent publicity - are so important.

Does anyone know any good MEDIA contacts or similar that can be contacted to both shame and stop BG from this unlawful conduct?

Watchdog is always a possibility.

[beagle007]

Re: British Gas Warrant of Entry

thanks for the replies What is the most cost effective way to obtain an injunction against BG -request BG,s Warrant of Entry application be struck out at magistrates court and request harrassment order against BG under the provisions of the PHA-or civil route? Would not any magistrates order against BG be better as enforcable by police? Any ideas on costs or costs obtaining insurance before any events?

[bluebottle]

Re: British Gas Warrant of Entry

There is no such thing as a Strike-Out in the English Criminal Justice system.

I feel the most effective way to stop BGT is to obtain a Part 8 injunction under Section 3, Protection from Harassment Act 1997 through the county court.

I am attaching a PDF copy of a PDF39CH so you can see what it looks like and I also have a MSWord version ready to complete. I am willing to help you complete this form as I have completed one of these before.

[enquirer]

Re: British Gas Warrant of Entry

It depends on how quickly things move.

I would be inclined, as Bluebottle suggests, to go for an injunction under Prevention of Harassment. If successful, that should put things on hold. Do this through the County Court (the court will advise on forms and fees). An application Without Notice would be best (you will have to justify this), as they will probably try and railroad a warrant through if they realise that you intend to fight.

If you get the warning of the warrant application hearing before this, attend court and contest it. Follow it through to the courtroom, even if they say outside that they are dropping it. Make sure that the usher knows that you are there and plan to contest. If Court staff demand to know the details of your defence, refuse.

They may, as Bluebottle also points out, simply turn up on the doorstep waving what they claim to be a Warrant. If so, examine it carefully. A warrant needs no special form - it can literally be written on a scrap of paper - but it must be signed by a magistrate in ink.

Look at the address in particular - if it is hopelessly wrong, the warrant is worthless. Warrants are good for 28 days after issue, or until the purpose for which they are granted disappears, whichever is the sooner, so check the date, too.

If you can show that British Gas lied in order to obtain the Warrant, I believe a case could be made out that the warrant was invalid ab initio (from the very beginning), and that everything that followed thereafter was unlawful.

Costs insurance is unusual for small cases. You could try, but I suspect that it would be ridiculous, even if anyone was willing to take it on.

Watchdog have already examined the issue of energy companies misusing Warrants, so you would be on fertile ground there. See the YouTube clip here: http://www.dailymail.co.uk/news/arti...nces-flat.html