Warrant of Entry Carried Out

[AGooner]

Hi All,

I have had a warrant of entry carried out on me and now have a pre-payment meter, for which I tryed my damnedest to avoid. I called the number on the letter from BG and offered not only to pay a lump sum up front and agree a payment plan, but I give an no option but to pay in full to avoid having a pre-payment meter. I realised that this is their policy and their way of forcing all their customers who fall into arrears onto the more lucrative (for them) pre-payment meters.

Having been registered on-line I decided that I would log-in and pay a lump sum into my account in the hope that this would be seen as my willingness to repay the arrears. This did not work and they forced me to have fitted a pre-payment meter. My query is whether my payment makes the warrant invalid as the amount is no longer that on the warrant application.

There are a few more factors to consider and will elaborate in due course. I would like to know where I stand with this situation.

Thanks
AGooner

[Wombats]

Re: Warrant of Entry Carried Out

If there are 'a few more factors to consider as well' it would probably be a good idea to have those first so we have a full picture of the situation.

[AGooner]

Re: Warrant of Entry Carried Out

Hi Wombats

It is very long and drawn out but I looked on various sites on-line and found that if I explained that I was on benefits and have medical conditions that they would my proposal but just got lied to repeatedly by members of the Exec. Team who took the same stance of pay in full which I was unable to do. I made a payment of over 25% of the arrears on-line that had no effect. Since the payment is accepted does the still remain enforceable? Please ask me for specifics or if there is way for me to show you all the correspondence securely please let me know.

[enquirer]

Re: Warrant of Entry Carried Out

My query is whether my payment makes the warrant invalid as the amount is no longer that on the warrant application.

To render execution unlawful, you would have had to have settled the entire account beforehand.

[Wombats]

Re: Warrant of Entry Carried Out

To render execution unlawful, you would have had to have settled the entire account beforehand.

Absolutely - the only the OP would possibly have an argument against this (and even then it's doubtful) is if the debt had been reduced to under £50 - this being the minimum debt for which a Warrant of Control can be issued.

[enquirer]

Re: Warrant of Entry Carried Out

This is a Warrant of Entry under s2 Rights of Entry (Gas and Electricity Boards) Act 1954. If the account is entirely settled beforehand, the reason for the existence of the warrant has evaporated, thus rendering its use unlawful.

[Wombats]

Re: Warrant of Entry Carried Out

Sadly the OP had not settled the debt in full.

AGooner - you mentioned other factors in post 1 on which you wanted to elaborate in due course. Now you've had an answer on the information available to us at present, perhaps it would be a good idea to throw the 'other factors' into the melting pot to see whether or not we feel they make a difference, or whether there is other action you could now take.

[AGooner]

Re: Warrant of Entry Carried Out

Thanks Guys for the clarification and explains the intent to demanding full payment.

Before my payment was made on-line I had provided a current meter reading which increased the amount of the arrears and not that on the warrant demand. Reading was provided 2 days before the warrant was executed. I have just received a bill with that correction. I have an electronic receipt for the on-line payment which is not shown on the bill. They were aware of this payment when they served the warrant. Soon after that I tried to logging in to the account but responded with a message saying 'the account had been closed for 6 months'. Therefore, I asked them to return the on-line payment as it made on a closed account. But, they refused took it as part outstanding debt. Something smells here.

Also with respect to all lies and falsehoods I've been told by them:
I had negotiated with the Man, who carried out the warrant, the amount of weekly repayment of debt through the pre-payment meter but the response I got from the person I dealt with at the Exec office was nearly 3 times what was agreed and that they had taken my on-line payment off that put on the meter. Throughout all previous conversations with BG I was told to negotiate/talk to Operative who was issuing the warrant as he was the only person that could make a decision (more lies). They did backtrack on the repayment rate after I responded to their attempt to renegotiate the rate. I spoke to the Man with the warrant who denied having any authority to negotiate, again more evasion and untruths.

As I said long and drawn out.

[Wombats]

Re: Warrant of Entry Carried Out

The main thing now is to ensure you are comfortable with the level of repayment they'll take when you 'top up' your meter. If you believe it is going to put you in financial hardship you should go somewhere like CAB, National Debtline, Payplan, StepChange, CAP, etc... to sort out affordable repayments.

If you have other debts as well, it would be a good time to tackle everything and get yourself back on the straight and narrow. :beagle:

[AGooner]

Re: Warrant of Entry Carried Out

Thanks Wombat, will have to put it down to experience.

Regards
AGooner

[enquirer]

Re: Warrant of Entry Carried Out

At the first available opportunity, change your energy supplier.