British Gas Warrant of Entry

[bluebottle]

Re: British Gas Warrant of Entry

A lot of these purported Warrants of Entry have smudged signatures so the name of the Justice of the Peace/District Judge/Deputy District Judge who allegedly signed it cannot be seen and the warrant's authenticity verified. Also, be aware that there are counterfeit court stamps in circulation - I have seen one on a bogus Bankruptcy Order - and, therefore, do not take the court stamp as genuine.

[bluebottle]

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

I concur with you, Enquirer. A "Without Notice" application would probably be the best course of action in Beagle's case. I am also wondering whether a seven-day Unless notice should accompany the injunction along the lines of -

The Defendant is put to strict proof as to the Claimant's alleged indebtedness to the Defendant and unless the Defendant produces evidence that proves to the satisfaction of the Claimant and the court the Claimant's alleged indebtedness to the Defendant within seven days of the service of this notice, the Claimant shall apply to the court for an order requiring that the Defendant never contacts the Claimant again with regard to the alleged indebtedness except through a legal representative appointed by the Claimant.

Whether this will have BGT running home to change their underpants is another matter.

[CreativeType]

Re: British Gas Warrant of Entry

Hello,

As someone who has been there, I would urge caution before going to the expense of legal action against British Gas.

In my case, BG spent two years bombarding me with 100+ demands for payment even though I had never been a customer. These demands also came with a threat of forced entry.

Since they would not cease or investigate my dispute, I was advised to sue them under the Protection from Harassment Act. They successfully defended on the grounds that it was reasonable for them to make multiple demands because they genuinely believed I owed them money. I was ordered to pay BG over £14,000 in costs. Immediately after the case, British Gas confirmed that I didn't actually owe them anything and indeed data subsequently forced out of British Gas showed that they had already accepted before the trial that I didn't owe anything.

I am left believing that BG have a "win at all costs" attitude and given their financial resources, this makes it very dangerous for individuals to seek the protection of a court in such cases. I would therefore urge the original poster to be very careful before attracting the risk of legal costs, no matter how "sure" the case seems. Rather than court, it seems bad publicity makes BG react faster. Certainly of the scores of similar cases (where BG chase money that is not owed) matters seem only to be resolved when the press get involved.

Hope that helps!

[Amethyst]

Re: British Gas Warrant of Entry

That is pretty disgusting behaviour. Do you have a judgment we can look at ? To have a £14k costs order is quite big league.

[CreativeType]

Re: British Gas Warrant of Entry

...I don't want to hijack the original posters thread and thought that my experiences might be relevant. I have blogged about my experiences at http://britishgasnightmare.blogspot.co.uk if you would like to get a bit more background about my particular case.

[bluebottle]

Re: British Gas Warrant of Entry

Hello,

As someone who has been there, I would urge caution before going to the expense of legal action against British Gas.

In my case, BG spent two years bombarding me with 100+ demands for payment even though I had never been a customer. These demands also came with a threat of forced entry.

Since they would not cease or investigate my dispute, I was advised to sue them under the Protection from Harassment Act. They successfully defended on the grounds that it was reasonable for them to make multiple demands because they genuinely believed I owed them money. I was ordered to pay BG over £14,000 in costs. Immediately after the case, British Gas confirmed that I didn't actually owe them anything and indeed data subsequently forced out of British Gas showed that they had already accepted before the trial that I didn't owe anything.

I am left believing that BG have a "win at all costs" attitude and given their financial resources, this makes it very dangerous for individuals to seek the protection of a court in such cases. I would therefore urge the original poster to be very careful before attracting the risk of legal costs, no matter how "sure" the case seems. Rather than court, it seems bad publicity makes BG react faster. Certainly of the scores of similar cases (where BG chase money that is not owed) matters seem only to be resolved when the press get involved.

Hope that helps!

Do you have these confessions from BG in tangible form, e.g. as letters or emails? Also, do you have the names of the legal bods they used? This needs to be reported to the court asap. Also, the legal bods, as officers of the court, are expected to act with integrity and not mislead the court. It sounds very much that they did and this is serious professional misconduct for which they can be struck-off/disbarred.

I would say you would have grounds to have the judgement struck out as perverse on the grounds the defence, BG, mislead the court and, indeed, wasted the court's time by not disclosing evidence they were required to disclose under CPR.

[beagle007]

Re: British Gas Warrant of Entry

Thanks for the reply -before your action against BG (presumably County Court?) did you attend any Magistrates hearings to challenge any warrants of entrys?did you have any energy ombudsmans sevices decisions in your favour? did you contact any media sources other other organisations including BG CEO? I am reluctant to become embroiled in a David and Goliath situation with BG unless I have to. Could not you have used the Ferguson case to defend and appeal?

[CreativeType]

Re: British Gas Warrant of Entry

Thanks for the reply -before your action against BG (presumably County Court?) did you attend any Magistrates hearings to challenge any warrants of entrys??

Yes- the action was in the County Court. British Gas only threatened to force entry to my home with "police" and "dog handlers". They didn't actually go that far so there wasn't a magistrates hearing.

did you have any energy ombudsmans sevices decisions in your favour?

The Energy Ombudsman was hopeless. They said they couldn't help until there was deadlock, but British Gas refused to provide a deadlock letter. Then they said they couldn't help because of the harassment action and I would have to wait until that was over. When it was, they said they couldn't help because the root of the matter was more than 8 months old. When I challenged that, they said they couldn't help because there had been a court case where all matters had been solved. This was not true as only the harassment element was judged.

I would have really liked the Ombudsman to look into why BG failed to carry out any investigation into my dispute until I issued legal action (more than a year in) and also why British Gas did not carry out even the most basic of checks to see whether I could actually be in debt to them before starting their threats and demands.

...did you contact any media sources?

I was advised by my solicitor at the time not to get the media involved as the judge might not look kindly on that. But I regret not doing this. I think it would have been more effective.

Could not you have used the Ferguson case to defend and appeal?

The Fergusion case was mentioned, but BG persuaded the judge that it wasn't relevant because it was not a ruling as such - it was just an application for a strike out which was denied. BG then settled that case out of court so there isn't a precedent. The Roberts vs Bank Of Scotland case was also mentioned.

Do you have these confessions from BG in tangible form, e.g. as letters or emails?

Yes. The information I have about British Gas' true position is tangible in that it has just been provided by them in response to a subject access request under the data protection act.

CT
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http://britishgasnightmare.blogspot.co.uk/

[beagle007]

Re: British Gas Warrant of Entry

Cant you involve the Media at this stage? What is stopping you appealing the County Court decision?

[CreativeType]

Re: British Gas Warrant of Entry

Hello,

Permission to appeal was refused. Although I couldn't afford the risk of an appeal anyway given the high cost of the first action.

I'm now compiling the data I am getting (in dribs and drabs) from British Gas to decide what to do next. I am interested in BlueBottle's point of view with regard to reporting the matter back to the court. But I have had my faith in British justice somewhat dented by this experience.

I'll make a separate post to get opinions when I have got everything together.

Back to your issues - have you heard anything since? It has been more than a month now since your original post.

CT
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http://britishgasnightmare.blogspot.co.uk/

[bluebottle]

Re: British Gas Warrant of Entry

Hello,

Permission to appeal was refused. Although I couldn't afford the risk of an appeal anyway given the high cost of the first action.

I'm now compiling the data I am getting (in dribs and drabs) from British Gas to decide what to do next. I am interested in BlueBottle's point of view with regard to reporting the matter back to the court. But I have had my faith in British justice somewhat dented by this experience.

I'll make a separate post to get opinions when I have got everything together.

Back to your issues - have you heard anything since? It has been more than a month now since your original post.

CT
------------------------------------------------------------------------------
http://britishgasnightmare.blogspot.co.uk/

If you have evidence that the court was mislead, you should report this to the court without delay and ask the matter to be brought to the attention of the judge who heard the case through his or her clerk. The judge can refer the case file to the Crown Prosecution Service (CPS). Also, you may have grounds to have the judgement struck-out on the grounds that the ruling was perverse due to BG knowlingly withholding pertinent evidence and facts from the court which, had they been made available to the court at the time, the court would not have made the ruling it has. It also goes against natural justice and is a decision no reasonable person in possession of all pertinent facts would have made either.

Also, if you have the name(s) of any legal professionals involved, the matter should referred to their respective regulating body/bodies. The regulatory bodies for the legal professional are -

Bar Standards Board (BSB) (Barristers)
Chartered Institute of Legal Executives (CILEX) (Legal Executives)
Institute of Paralegals (IoP) (Paralegals)
Solicitors Regulation Authority (SRA) (Solicitors)

Misleading a court is serious professional misconduct and can lead to a legal professional being disbarred or struck-off. It can also result in prosecution.

Hope this helps.

[beagle007]

Re: British Gas Warrant of Entry

Hi, I dont think it matters if the county court refused you permission to appeal you can appeal to a higher court. I believe that you would have 3 months from the date of the decision to challenge it at the admin court from what you say you have good grounds the decision must be unlawful in any event. You could also try the Bar Pro Bono Unit for assistance. Have you contacted any Media organisations yet? I am still waiting for my "Human Rights Letter from BG" so I can challenge the matter at the magistrates court and also inform the Press and any interested parties of the date.....

[beagle007]

Re: British Gas Warrant of Entry

Have received a letter for warrant of entry application hearing date. It is in a few weeks.BG letter addressed to “occupier” and they have now produced a further new account and further new account number without any consent or any agreement. The only grounds stated for their application are “As we have not received payment or heard from you we are applying to the courts for a warrant.” Both are demonstrably false.” Further the letter says “We’ll apply for a legal warrant of entry under the Rights of Entry (Gas and Electricity Boards) Act 1954 section 2.” I have noted that the “Act” determines that “sworn information in writing” must be produced before the court by the applicant BG.I have contacted the magistrates court and requested full details and particulars of the warrant application-informed that none are available-BG only produce statements of facts and similar on day of application?? And warrant applications are heard first thing-will have to attend before court opens to ensure that I can challenge application.My understanding is that I have a right to a fair hearing and to have a copy of all evidences against me (Article 6?) I have been disturbed reading other forums where the warrant of entry applications are just rubber stamped and utility company railroaded through by the court at the exclusion of the respondent (customer).I would like to be fully prepared as possible for the hearing and would appreciate any feedback from anyone who has any experiences of a warrant of entry application hearings and procedure.

[bluebottle]

Re: British Gas Warrant of Entry

Have received a letter for warrant of entry application hearing date. It is in a few weeks.BG letter addressed to “occupier” and they have now produced a further new account and further new account number without any consent or any agreement. The only grounds stated for their application are “As we have not received payment or heard from you we are applying to the courts for a warrant.” Both are demonstrably false.” Further the letter says “We’ll apply for a legal warrant of entry under the Rights of Entry (Gas and Electricity Boards) Act 1954 section 2.” I have noted that the “Act” determines that “sworn information in writing” must be produced before the court by the applicant BG.I have contacted the magistrates court and requested full details and particulars of the warrant application-informed that none are available-BG only produce statements of facts and similar on day of application?? And warrant applications are heard first thing-will have to attend before court opens to ensure that I can challenge application.My understanding is that I have a right to a fair hearing and to have a copy of all evidences against me (Article 6?) I have been disturbed reading other forums where the warrant of entry applications are just rubber stamped and utility company railroaded through by the court at the exclusion of the respondent (customer).I would like to be fully prepared as possible for the hearing and would appreciate any feedback from anyone who has any experiences of a warrant of entry application hearings and procedure.

There is, unfortunately, widespread abuse of this type of warrant. There is also evidence to suggest a number of such warrants are forged.

The usual indications of this are -

a. a smudged signature on the warrant;
b. the name of the Justice of the Peace that signed it being absent;
c. the utility company staff having a sudden bout of convenient amnesia about the JP who signed the warrant;
d. the court alleged to have granted the warrant has no record of the warrant being granted and/or no application or Information on file.

Do not take a court stamp as an indication that the warrant is genuine.

As regards Article 6 of ECHR, yes, you are correct. It is unlawful for a court to act in a manner that is incompatible with your Convention rights. What you describe in your post above would fall within the definition of an act or acts incompatible with Article 6 of ECHR.

You should ask to examine any evidence the utility company intend to rely on or if you have evidence they are telling porkies, have copies of it ready to show to the court. Ring the court and ask if an Information has been laid before the court by the utility company.

[beagle007]

Re: British Gas Warrant of Entry

have rang the magistrates court again told by admin office BG have booked "court time" for applications court-where multiple warrants will be issued. Told again that no information has been laid and BG will only do this just before application hearing-It would appear in order to obtain an exact copy of what BG information has been laid and sworn before the court I will have to present and at best only have minutes to digest information obtain legal advice and prepare my case-Surely this is contary to Article 6 and iIwould have grounds for an adjournment in any event?Asked admin office what court procedure allows BG to present appplication and lay information at last minute with no disclosure to respondent-claimed that they could not give out legal advice-even though I pointed out I was asking for proceedural advice?Asked about procedure for claiming costs against BG if they withdraw application on day-told costs nothing to do with court I would have to take matter up with BG-In short the whole process appears to be smoke and mirrors with BG holding all the levers including the court lever-any experiences or feedback appreciated