Re: British Gas Warrant of Entry

[Jess]

I have a slightly different problem

Solicitors acting for BG are getting a Warrant of Entry despite my having made an appointment for their agent to come and inspect the meter

I called them back within the time they had given me to respond but they have already made application (they have yet to get it

I have emailed pointing this out, have confirmation of the appointment and will fax the same letter and details, in addition to sending a letter recorded delivery

I will happily give them access on the day arranged but they will not withdraw the application, so far

What should I try next?

I am ill and this is doing me in!

[enquirer]

Re: British Gas Warrant of Entry

Is there anything else to this? Has this threat simply come out of the blue? What prior correspondence is there? Has there been any mention of fitting a prepayment meter?

[Jess]

Re: British Gas Warrant of Entry

Is there anything else to this? Has this threat simply come out of the blue? What prior correspondence is there? Has there been any mention of fitting a prepayment meter?

Thanks for answering.

To me, it came out of the blue

There was one previous letter asking for an appointment which, due to illness I had not got round to.

Then a second letter came threatening they would apply for a warrant if I did not contact them within ten working days of the date on the letter.

I was again unwell but rang for an appointment on the fourth or fifth day after the date.

I arranged an appointment, but during the conversation was told that they were in the process of applying for the warrant. I queried this but got no real reply.

I rang several times the same day and tried to bring the appointment forward, for as soon as possible, but was told to contact their contractor, who never picked up the phone.

Two days later confirmation of the appointment arrived, and in a separate letter the information that they were applying..on such and such a date (roughly a week before the arranged appointment)

There is no debt and never has been. They (the Gas), in fact owe me money.

The visit is for a meter safety check.

I have asked them to withdraw the request for a warrant by email, fax and recorded delivery.

My biggest worry is that I will be too ill to attend the court, I am more than willing to have the visit, though I do not know what state I will be in for it

Again, Thanks

[bluebottle]

Re: British Gas Warrant of Entry

Energy suppliers can apply for a Warrant of Entry if it is for a meter safety check and they have been unable to gain entry in order to carry out the check. They have to conduct these checks, periodically, to ensure the meter is not leaking.

If they refused to arrange an appointment, despite the fact you offered to arrange one, that could be seen as unreasonable behaviour on their part, as you have had good reason not to arrange an appointment on a previous occasion, due to ill-health. If they come seeking costs, I would be inclined to tell them you will be bringing their unreasonable behaviour to the attention of the courts.

My sister and I are attorneys for my elderly mother who has Vascular Dementia and received a threatening letter from BGT when they could not get in to check the meter.

[enquirer]

Re: British Gas Warrant of Entry

As Bluebottle says, they are obliged to do safety checks. If they cannot gain access, then they are legally entitled to apply for a Warrant of Entry. So far, so good - after all, gas meters should be checked for safety and accuracy.

Unfortunately, the system is abused.

Be aware too, that they may demand money for obtaining a warrant.

Do not deal with these people over the phone or by email. If you must, then follow up with a letter in which you repeat the content of the conversation. Send Recorded Delivery if important. You need to lay a paper trail for future use in court.

Given their behaviour, you might decide to change your energy supplier as a matter of some urgency while you still can.

[Jess]

Re: British Gas Warrant of Entry

Thanks

They agreed to the appointment I suggested

But had already applied for the warrant before the time period they had offered me to contact them had expired. That was/is the problem

They have not yet been granted a warrant, but insist on still applying for one

I am sorry to hear about your mother

And thanks for taking the time to offer me help too

And I made clear the state of my health to them

To be honest, it appears to me they have no place in their system for the needs of vulnerable people

[Jess]

Re: British Gas Warrant of Entry

I have faxed and sent recorded delivery my request (along with a brief version of what happened)

I enclosed copies of documents, as I did with the email

Since I have the court date, perhaps I should forward this material to the court too?

Again, thanks

[enquirer]

Re: British Gas Warrant of Entry

Since I have the court date, perhaps I should forward this material to the court too?

Better to turn up on the day and oppose their application.

Take copies of everything that shows their application to be unreasonable and unnecessary (the fact that they have asked for, and you have arranged, an appointment, is a perfect example). You might suggest that this amounts to Abuse of Process.

Is the application hearing before or after the appointment? If before - then they cannot claim that they have been refused access. If after, then it is redundant.

On the day:

Make sure that the usher knows that you are there and that you intend to oppose. Watch carefully - you don't want to miss your slot, so it might be simpler to go into the public gallery. This will also give you a feel for it.

You may be approached by their representative outside the courtroom. Simply state that you intend to oppose and that you can prove them to be in the wrong. Do not allow them to intimidate you, or to extract information (similarly, if court staff demand details of your defence, refuse).

If they say that they are dropping the application, do not believe them and leave. Follow it through into the courtroom.

[Jess]

Re: British Gas Warrant of Entry

Again, thank you

I shall do just that if I am well enough

The hearing is before the appointment

So I shall give them, in writing one last chance to withdraw the application on the grounds that it is an abuse of process

I shall ask for written confirmation that they have done so

I shall insist that since it is an unnecessary hearing, I will be suggesting that they and they alone are liable for any costs

I shall also check with the court that the case has been struck out

Yet again

Thank you

(How does one click an official, registerable thank you on the site)

[enquirer]

Re: British Gas Warrant of Entry

The only way to be sure is to be there on the day - they lie and they can still go ahead on the day. Do not trust them, ever.

Thanks are via the button at the bottom of posts - thumbs-up icon and 'Thanks for this Post'. Adding to a posters reputation is via the little sherriffs badge icon, just above that.

[Jess]

Re: British Gas Warrant of Entry

I apologise for writing this belatedly but the whole experience made me very ill and I needed time to recover a bit.

First of all, thanks for the advice.

I did turn up on the day (morning) and spoke to the Usher

They pointed out (quite helpfully) that before I challenged the award I would have to discuss it with the applicant.

This I did. They tried all sorts of tricks and promises to reassure me that it would not matter if they got the warrant, they would only execute it if I missed the appointment.

I stood firm in requesting they withdraw the application and made it clear that if they did not I would challenge it in the court.

As advised, I had a 'paper trail' documenting my efforts to allow them entry and arrange an appointment.

At the final moment, as the case was being called, they said the application would be withdrawn. I drew this to the attention of the Usher, and made sure it was confirmed.

The usher suggested I wait in the public gallery and saw it withdrawn.

It was, so thanks again.

Part of the problem seems to have been created when British Gas sub-contracted the meter reading service.

There appear two levels of sub-contractor, both of whom invoice British Gasm so even if they do not need to use the warrant, they get paid for obtaining it. Hence they have every incentive to play out the whole charade.

I would urge anyone in a similar situation to follow the advice on this thread.

Be patient, keep a record of everything that happens, and above all, if need be, turn up at the court to make the challenge.

I got the impression that the court officials had some idea what was going on, but they have to remain neutral.

But again, be firm, and if it does reach court, indicate at an early stage (in writing) that you will be asking for costs.

My thanks to enquirer and hope that this will lead to others getting a similarly successful outcome.

I will also try and keep an eye out and see if I can help others, the way I was helped

Thanks, to you all

[Jess]

Re: British Gas Warrant of Entry

My thanks to you too, I should have included them in the reply above

[enquirer]

Re: British Gas Warrant of Entry

They pointed out that before I challenged the award I would have to discuss it with the applicant.

This is a lie - you don't have to do anything of the sort.

This I did. They tried all sorts of tricks and promises to reassure me that it would not matter if they got the warrant, they would only execute it if I missed the appointment [....] At the final moment, as the case was being called, they said the application would be withdrawn. I drew this to the attention of the Usher, and made sure it was confirmed.

TV Licensing use an identical modus operandi - many of their cases are withdrawn at the court door once it becomes obvious that they will be defended.

Part of the problem seems to have been created when British Gas sub-contracted the meter reading service. There appear two levels of sub-contractor, both of whom invoice British Gas so even if they do not need to use the warrant, they get paid for obtaining it. Hence they have every incentive to play out the whole charade.

That would in part explain the sudden obsession with warrants.

[bluebottle]

Re: British Gas Warrant of Entry

DVLA do something similar, only they try to get hold of details of the defence, or intimidate defendants into pleading guilty. Strictly speaking, this is tantamount to Perverting the Course of Justice.

[Jess]

Re: British Gas Warrant of Entry

I have to agree with both of you.

But should point out that the Usher was helpful and I was happy to comply with their wishes. If anything, I think they were a bit apprehensive that I would harangue them (of which I had no intention)

If only to demonstrate that I, rather than the agent, was willing to reach any compromise that led to the withdrawal of the application.

Interesting about TVL playing this game.

I ignore them completely since I have never had a TV or any other, similar equipment and got tired of telling them this. Maybe I should start telling them again.

But a further point, if I may

Can I, legally name the (franchised) solicitors who caused this mess on here?

I would not go so far as the agent, though I also have their 'phone number

It would appear from your comments that this thread may get a little busy in the near future. It would be interesting, I am sure, to see if it is just one firm trying this tactic, or if they are all 'at it'

I should have clarified, by the way, despite my earlier comments, all they are after is a meter reading!