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Advice Please - Tackling Warrant of Entry.

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Advice Please - Tackling Warrant of Entry.

Post by DRAGONBORN11 on Wed Jan 24, 2018 8:57 pm

Hi,

(I hope I've posted this correctly, apologies if not I'm a newbie)

I’m hoping some of you wise folk could give me a bit of advice. I’ll start with a little back story as this has been ongoing for a while and I’m at my wits end.

I’ve been arguing with Scottish Power since late 2014 about a sum of money I don’t believe I owe. Basically I believe and had proof that the electricity meter in my home was at fault however after providing copious amounts of evidence to Scottish Power and the Ombudsman it seems they closed ranks and I was told to accept their proposal, that they were right and I was wrong or else (possibly because they already owed me roughly £500 in credit at the time of my complaint?).

Eventually the “debt” was passed on to collectors, Face2Face Contact Ltd and although I told both them and Scottish Power I did not owe what they were claiming nobody would listen to my complaint as I refused the final proposal of the Ombudsman.

After having success in early 2017 with sending my water supplier an A4V and promissory note I decided to do the same to Face2Face Contact Ltd for my Scottish Power account in the hope they would finally leave me be. Face2Face responded by sending both the A4V and promissory note back stating they don’t accept this form of payment but failed to explain why. I again returned just the A4V as a goodwill gesture and reminded them of the Bill of Exchange Act 1882. Several calls and emails later allegedly Face2Face are still not accepting the A4V however have failed to return it, using the excuse it was posted first class (I have not received any such post but funnily enough have received every other letter they have sent me).

In late 2017 Face2Face applied for a Warrant of Entry to install a pre-payment meter in my home. This was obtained as unfortunately I could not be present at court on the day. They later attended my home to execute said warrant but left with their tails between their legs after I made them aware I had made payment through the Bill of Exchange Act 1882 and that their warrant was fraudulent (they threatened me with police but I believe my request for them to actually do so perturbed them slightly).

Fast forward to now, they are due in court to apply for their second warrant on 31st January and I have done some research of how to counteract this in the court. I found a post by Ceylon on the old GOODF forum with advice of how to tackle this in court (I have added a screenshot as I am unable to post a link due to being a new member).

In light of the above I would like some advice. Do I attempt Ceylon's method and use the appeal to state the following OR should I use these to defend myself during the hearing from the offset –

*Payment was made through the Bill of Exchange Act 1882, of which I have proof.
*Face2Face are applying for a warrant through the Rights of Entry (Gas and Electricity) Boards Act 1954 which I believe is on Health & Safety grounds, my home is entirely electric (no gas) and as it is privately rented has safety checks done by a private company paid for by my landlord therefore there are no Health & Safety issues.
*Face2Face stated they have done their vulnerability checks, which is a lie. Had they done so they would know my partner is Asthmatic. As per Ofgem guidelines (this is also on the Citizens Advice website) pre-payment meters cannot be fitted by force into a home that houses someone with breathing difficulties such as Asthma.

Thank you in advance and apologies for the long read!
Attachments
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Re: Advice Please - Tackling Warrant of Entry.

Post by Tiggy on Wed Jan 24, 2018 10:15 pm

You've been taken to Court for non payment of electricity, so Section 6 of the Utilities Act 2000 applies, which says  (I've highlighted the important part for you):

Non-payment of suppliers’ charges

2(1)Where a customer has not, within the requisite period, paid all charges due from him to an electricity supplier in respect of the supply of electricity to any premises or the provision of an electricity meter, the supplier may—
(a)install a pre-payment meter on the premises; or
(b)disconnect the premises,and the supplier may recover any expenses incurred in so doing from the customer.

(2)The power of a supplier under sub-paragraph (1)(a) or (b) may not be exercised—

(a)as respects any amount which is genuinely in dispute (disregarding for this purpose a dispute under section 39 or regulations made under it); and


(b)unless not less than seven working days’ notice has been given to the occupier of the premises (or the owner of the premises if they are unoccupied) of his intention to exercise it.

(3)In this paragraph the “requisite period” means the period of 28 days after the making by the supplier of a demand in writing for payment of the charges due.



So basically, you have to ensure you make sure you forward your Section 39 (a&b)of Electricity Act 1989 dispute to both the supplier and the Court. However, as it 's been to the Ombudsman the Court may say they've already gone through Section 39 procedure

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Re: Advice Please - Tackling Warrant of Entry.

Post by LionsShare on Thu Jan 25, 2018 10:00 am

Hi DRAGONBORN11,

follow this link:

http://goodf.forumotion.com/t1367p75-we-are-applying-for-a-warrant-to-change-your-meter#10928

top of page 4 expresses a section 39 dispute. read the whole of the thread if you want more info on why a section39 should be raised.
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Re: Advice Please - Tackling Warrant of Entry.

Post by DRAGONBORN11 on Thu Jan 25, 2018 1:20 pm

Thank you both for the info. I'll have another good look into what you have suggested (It takes me some time to get around the legal jargon) and get back to you once I have a better comprehension of the situation.
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Re: Advice Please - Tackling Warrant of Entry.

Post by DRAGONBORN11 on Fri Jan 26, 2018 7:41 pm

Hello again Tiggy & LionsShare,

I've had a good read through and am on the understanding I should submit a section 39 as I am in dispute with them that the bill has been payed.

My only concern is that with the court date next Wednesday I will not have time to ensure this reaches them via post and is acknowledged in time. Should I therefore present this at the court on the day as I am 100% sure I will be in attendance this time, I won't allow them to win again without a good "legal" fight.

Thanks both, I really do appreciate it Very Happy
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Re: Advice Please - Tackling Warrant of Entry.

Post by LionsShare on Fri Jan 26, 2018 10:11 pm

Hi dragonborn11

It might be worth sending anyway just in case. For me things have not got this bad, so I have been thinking how to approach this & this is what I will do.

When in court cross examine the plaintiff & ask that question - how do YOU know the meter has been tampered with?

Depending on what they say (I doubt they will have any evidence) if they don't give any - say - this now gives rise to a section39 dispute & here is a section39 dispute Legal Notice sent to.... last week.

Hand them a copy, outline your argument(s) they failed to perform (giving what was asked for) - you may be able to gleen more arguments from that thread I pointed out to you - this has now given rise to the section39 dispute & as per ? ACT & this stops YOU being allowed to put in prepay meters or to that affect.

Becareful how you word what you say. It might be worth writing all down 1st & rehearse.

Good luck.
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Re: Advice Please - Tackling Warrant of Entry.

Post by Ausk on Sat Jan 27, 2018 8:32 am

Face2Face are still not accepting the A4V however have failed to return it, using the excuse it was posted first class (I have not received any such post but funnily enough have received every other letter they have sent me).

If they cannot prove they posted it back to you then they must have kept it. If they kept it, they have accepted and so have been paid.

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Re: Advice Please - Tackling Warrant of Entry.

Post by LionsShare on Sat Jan 27, 2018 7:23 pm

@Ausk wrote:Face2Face are still not accepting the A4V however have failed to return it, using the excuse it was posted first class (I have not received any such post but funnily enough have received every other letter they have sent me).

If they cannot prove they posted it back to you then they must have kept it. If they kept it, they have accepted and so have been paid.
could also add: if they don't accept bills of exchange, how would they like him to pay? If they say they accept cash then tell them they have perjured  themselves by refusing his prior bills of exchange  - as cash is prom notes, which are bills of exchange....
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Re: Advice Please - Tackling Warrant of Entry.

Post by DRAGONBORN11 on Sun Jan 28, 2018 1:39 pm

That was exactly my way of thinking, Ausk. I can prove my delivery of payment and correspondence as I always have my mail signed for.

Thanks for that, LionsShare. I'm on the same understanding too.

A slight update - I received a recent bill from Scottish Power via Face2Face stating that my approximate daily spend on electricity is £7.04 (the graph shows the highest average for the UK is only £3.51), yearly this equates to over £2500! For two adults in a two bedroom flat. Surely this is extortion given that I provided proof of a possible issue with my meter and Scottish Power have failed on their part to investigate this?

Anyway I found a helpful link regarding meter accuracy disputes on the gov website which I am taking into consideration, someone has to fight the corruption, nobody in their right mind can assume I actually use that much energy without a thorough investigation. Perhaps I jumped the gun slightly with my A4V but I was really low at the time and in my naivety thought it might help get them off my case so that I could at least breathe easier. I'll keep you all updated regardless. You're all brilliant and I'm so glad to have found like minded individuals who won't submit to the higher ranks!

Snippet from the aforementioned link - As a final option when all other routes to settle the problem/dispute have failed, on request, the supplier will make arrangements for the accuracy of the meter to be verified by an independent meter examiner appointed by RD under Schedule 7 of the Electricity Act 1989.
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Re: Advice Please - Tackling Warrant of Entry.

Post by DRAGONBORN11 on Tue Feb 13, 2018 11:12 am

Just logging an update for you folks -

Well I went to court (Magistrates, might I add) with my Fiancee and a folder full of paperwork outlining the cock ups of Scottish Power. Having received the latest bill which suggests I'm spending £7+ a day on electricity I really wasn't happy to let this go and decided I'd continue to dispute the amount (I'll assume the A4V I sent has gone into the abyss as there was and still has been no mention of that).

In a fraction of a second of showing my letter from Face2Face at the reception area I was informed a lady was waiting for me outside of X court room for a "chat". I had to introduce myself to said woman who was sat sipping coffee. She took us to one side where we informed her of the ongoing issue, and that the account is still in dispute. She called Scottish Power and was told to still go ahead with the application as I had made no payment (rightly so, I have no idea of where my cash is going and refuse to spend it on a bill I still refute. Who uses 10000+ units of electricity in 27 days?!). I may add I caught sight of the paperwork she had which stated someone had visited my address from Face2Face on 4 occasions, they in fact made only one visit with the letter pushed through the door to prove it.

The lady left us to deal with someone else who had come to prevent an application and the next we knew the court usher was calling out for "those refuting their utility bill" (nice of the Face2Face employee to inform us she was entering court).

We entered the court room where the lady from Face2Face swore on the bible, all the legal tosh, etc, etc. I explained to the Magistrate that the account was still in dispute AND also pointed out that Face2Face failed to do their vulnerability check, had they done so they would know my Fiancee has asthma which as per Ofgem and Citizens Advice is enough to prevent the installation of a pre-payment meter. He acknowledged this but still said as a bill was owing he had to sign it regardless (all the while getting his "legal" advice off a rather mouthy clerk). I stated I would accept this ruling but that he was to sign and print his name on the warrant so that I had a liable party, no sooner had these words left my mouth the clerk sprang into full motion with the "He shall sign it as he always does, blah blah". The Magistrate then went about his business signing the 47 warrants Face2Face had taken that day during which I asked to be excused, I wasn't standing there to witness this perjury. The clerk did make note of my Fiancee's asthma and sternly told the lady from Face2Face that this should be taken into serious consideration. The Magistrate wished me well and stated he hoped I "got to the bottom of this". EXIT ROOM.

I was happy to admit defeat in the court as my next step was to go back to reception and ask to launch an appeal. I was swiftly told I could not launch an appeal due to the nature of the application and it was now on to the next stage... whatever that may be in their eyes.

I have since been doing numerous checks all over my home and do believe there is a fault with the electric system, I am not sure if this is the meter itself or the wiring so am tackling this at the moment and hope to be in touch with Citizens Advice soon. In the mean time Face2Face are due to attend next Tuesday with their warrant which I will again be refusing on the grounds the account is in dispute and they failed their vulnerability checks. Citizens Advice and Ofgem state a pre-payment meter cannot be installed on either ground (I have this printed for the occasion).
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