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"We are applying for a warrant to change your meter"

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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Tue Oct 31, 2017 8:37 pm

OK here we go:

assassin wrote "Let them claim the meter has been tampered with and then ask them what caused them to think this and what evidence they have to substantiate their claim, and provide it. Remember that legal maxim non assumpsit."

https://dictionary.thelaw.com/non-assumpsit/

extract: NON ASSUMPSIT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

The general issue in the action of assumpsit; being a plea by which the defendant avers that “he did not undertake” or promise as alleged.

https://onlashuk.wordpress.com/2012/08/22/the-non-assumpsit-question/

extract:

"From: http://legal-dictionary.thefreedictionary.com/Non+assumpsit
NON ASSUMPSIT, pleading.  <<< We do not plead with or to our servants … and perhaps this is what needs to be declared for certain court situations

   The general issue in trespass on the case, in the species of assumpsit. Its form is, “And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he did not undertake or promise in manner and form as the said A B, hath above complained. And of this he puts himself upon the country.”

   Under this plea almost every matter may be given in evidence, on the ground, it is said, that as the action is founded on the contract, and the injury is the non, performance of it, evidence which disaffirms the obligation of the contract, at the time when the action was commenced, goes to the gist of the action.

Notice the second definition of this wherein it says, “the action is founded on the contract, and the injury is the non, performance of it, evidence which disaffirms the obligation of the contract, at the time when the action was commenced.”  This is more or less saying that non-assumpsit can become the foundation of an action against the one that is to provide certain specific performance and did not, thereby entering into breach of contract/trust."

In getting gas to prove what they claim they cannot? if not they have founded (not performed) on or under contract (not necassarily the signed contract/agreement) so a section 39 (to do with non performance of supplier) dispute would be just that, they cannot.

When the gas say there has been a breach of contract - tampering with the meter - let them prove it. If they can't the " injury is the non, performance of it" - the non proving.

Am I anywhere near. Please I invite all comments . Tiggy, assassin, Candor, waffle, even celyon if he is reading.
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Re: "We are applying for a warrant to change your meter"

Post by Guest on Tue Oct 31, 2017 9:02 pm

Hi guys

Wow! i'm learning so much on this thread....

Tiggy - thanks for giving me cause to re-read this thread, i learned a few important things that i missed first time round.

First thing i learned was that i should have stuck with the proof of payment angle that was originally suggested near the start of this thread. Fortunately it's not too late to add some suggestions in that area.

Secondly it reminded me that the whole premise of this 'remedy' is that T.H.E.Y. can't apply a valid warrant of entry, without your consent, for anything other than reasons of public safety. Everything i've seen in this thread confirms that, which

thirdly, tells me that it is important to pursue both angles (proof of pay and gas safety cert.) simultaneously for best results.

i learned that Regulation 4 - 'An agreement as specified in the Regulations is not required when....'
actually means that T.H.E.Y. need your consent, as evidenced by your signature, to fit a pre-payment meter.

i also learned that Tiggy was quite right (and quite possibly inspired imo) to bring up sec 39, and i'm hoping she will point out any specific subsections of particular interest in this instance.......please....?

Cheers!

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Re: "We are applying for a warrant to change your meter"

Post by assassin on Wed Nov 01, 2017 2:20 am

Its very simple, if they claim a meter has been tampered with they will have to have reasonable suspicion of this claim with verification to prove "reasonable suspicion" to a court and it is a safety issue and is covered by section 1, if they make claim then they have to substantiate claim.

They play another game also, that is a "win by default" scenario where they go to a fake court en masse with a huge list of names and make claim against them all, if nobody turns up and defends the claim they win by default and got away with their false safety allegations as nobody, or very few turned up to defend them and their claims stand.

In law a judgement becomes truth, the truth becomes law.

With so many people appearing at court they used to dismiss a claim against those turning up and fail to make claim against them because that meant a full hearing which they could lose and end up with costs awarded against them, it is all about money, and they would only proceed against those who didn't turn up as they knew they get a default judgement. Its a numbers game for them.

With the newer legislation they know they can apply for a warrant to change the meter and paperwork guidelines were issued for the issuing of warrants, they automatically included a warrant of entry attached to the warrant to change a meter, and most courts isue them this way now.

Apply a little logic here, why do you think the gas and electricity prices constantly change and the Government encourage you to switch? every time you switch suppliers you enter a new contract with them and they contain the newer terms and conditions.
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Re: "We are applying for a warrant to change your meter"

Post by Guest on Wed Nov 01, 2017 2:53 am

Hi assassin

i'm with you right up to the point where you mention 'newer legislation' - are you referring to legislation other than already posted and discussed here? If so would you mind specifying?

Another bit of logic to consider is that these companies STILL send out 'bills' with endorsable vouchers attached. They do this ONLY because they are obliged to do so, not for reasons of tradition, and that tells me that we still have the right to settle by endorsement.

Would you agree - or can you think of another reason they still include the credit slip?

Cheers!

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Re: "We are applying for a warrant to change your meter"

Post by toolapcblack on Wed Nov 01, 2017 6:27 pm

another day another bill/credit slip!
So have correspondence from Sainsburys(no reply from BG yet to the dispute letter) And again they have sent me an incorrect one a Bank Giro Credit Slip!!!! So Just got off the blower to them telling the zombies that i am not running no business and need a JOINT GIRO CREDIT SLIP as a non-commercial customer...wakey wakey rise and shine!

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Re: "We are applying for a warrant to change your meter"

Post by assassin on Thu Nov 02, 2017 3:44 am

Hi iamani, yes I will.

Legislation was subtley changed to allow utilities to enter your property and fit a pre pay meter to clear arrears from your account, I cannot remember when it was changed, but Tiggy has the legislation and can probably help with this.

From memory it was due to a High Court Precedent being set which didn't allow them to enter your property to change a meter for a pre pay meter, they could only obtain a warrant of entry on safety grounds, and this was only to examine equipment they owned or rented which was the pipework to the meter and the meter itself. As this legislation was being used by people like us they changed the legislation to allow them entry to change a meter.
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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Thu Nov 02, 2017 8:33 am

here are some resons why you can stop install of pre pay meters:

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/get-help-paying-your-bills/stop-your-energy-supplier-installing-a-prepayment-meter/

funny they don't mention having paid by endorsement!
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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Thu Nov 02, 2017 8:39 am

Suppliers should demonstrate when applying for the warrant that they have carried out appropriate checks for vulnerability. H&S risk assessment statement.

https://www.ofgem.gov.uk/publications-and-updates/ofgem-statement-prepayment-meters-installed-under-warrant
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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Thu Nov 02, 2017 8:42 am

"Ofgem said it would investigate after the figures - for England, Scotland and Wales - were released." Yeah right!

http://www.bbc.co.uk/news/uk-32876422

Its about time the full "SP" on the Joint Giro System was brought out into the open for ALL to see. The above would be stopped dead!
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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Thu Nov 02, 2017 8:50 am

hi toolapcblack,

this video in this post may be some salvation for you next week?

http://goodf.forumotion.com/t1430-how-to-talk-in-court#10915
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Re: "We are applying for a warrant to change your meter"

Post by Kestrel on Thu Nov 02, 2017 9:55 am

Without going through the entire thread has the link below been added here?

If not then take a look it may be some help.

HOW TO PLAY THE GAS AND ELECTRIC GAME WHEN/IF IT GOES TO COURT
With regards them gaining a warrant of entry for removal of a meter etc.
http://www.getoutofdebtfree.org/forum/viewtopic.php?f=60&t=61273

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Re: "We are applying for a warrant to change your meter"

Post by LionsShare on Thu Nov 02, 2017 11:14 am

Brilliant just what is needed, had not actually seen this before although have spent many hours looking for this type info
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Re: "We are applying for a warrant to change your meter"

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