Warrant Application Oath and Data Protection Act

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

Failure to notify the date, time and venue of a hearing could be construed as Perverting the Course of Justice, as the Complainant (criminal matters only) has prevented the Defendant from challenging the application and putting their case to the court. If the utility company will not tell you the necessary details, contact the Listings Office at your local magistrates' court and ask them to confirm if the utility company have applied for a hearing against you. You can do this over the telephone.

We made several calls to CONFIRM the application was going ahead and were told that it was a Private hearing and they could not provide the information. I also sent a Signed For letter and two e-mails requesting confirmation of the hearing. They also refused to answer calls and correspondence of whether the application had been granted. As background they had already withdrawn an application and we had received a letter from Centrica post the letter warning of the second warrant application acknowledging they were dealing with a complaint and asking for time.
On the date that Centrica returned to the court stating they were unable to contact to gain unforced entry there is an e-mail correspondence chain with their solicitors!!!

[gwenlillian]

Re: Warrant Application Oath and Data Protection Act

hi - this is appalling isn't it. I am fed up with the system. Seems like the 'little man' is being trodden down more and more, I've tried writing to MPs but don't get an answer, the FOS work as if they are afraid of these corporations, the Magistrates not helping the public, and so much time is spent chasing round and round - I do hope you can get some results with yours. Good luck.

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

Hi Andrew,

Please find attached an Information form. As regards the warrant application being a "private hearing", I have never head such a load of b*llocks from a court in my life. There is no such thing in a magistrates court as it would contravene the Human Rights Acts and other legislation. The only exception to the rule are warrant applications by the police where it is necessary for the application to be heard in camera so that those who are the subject of the warrant are not warned.

The rules governing procedures in a magistrates court are contained in the Criminal Procedures Rules 2011. You will need to go to www.legislation.gov.uk in order to download the file as it is too large to upload onto this thread.

[silvertongue]

Re: Warrant Application Oath and Data Protection Act

Hi there, I am in a very similar position with BG and am livid. The Rights of Entry Act they rely on dates from1954, a time when utilities were in public hands, and reasonable standards of decency were upheld, but it is clearly intended to be interpreted alongside relevant contemporary legislation, ie The Gas Act 1986. It's really worth taking a look at the act itself, it's easy to find online. Section2 paragraph 1 details the things a magistrate must be satisfied of. I'd love to know how many Magistrates know they need to be satisfied of anything. Point c of the above says, that the requirements of the relevant enactment have been complied with. Basically tihs means that all the requirements of the gas act 1986 have to be taken into account. The gas act says all sorts of things to cover various situations like that they have no right to fit a prepayment meter if the amount in question is genuinely in dispute, or that they have to inform you of your rights on a notice to tell you that they are begining legal proceedings. In my case I couldn't seem to make he court understand this when they had it in black and white in front of them. In my view the grant of a warrant of entry which is not in accordance with relevant legislation is a breach of HRA right to respect for family life and the home, and I am not prepared to accept it. I believe it is very important that the HRA rights of ordainary people are upheld. Without this HRA risks being seen as a way for minority groups to gain some advantage, and as such they risk becoming undermined. OK shutting up. Write to the court and ask them to supply a written statement of reasons for the decision to grant the warrant. You are entitled to that under HRA right to a fair hearing, look it up to find the right bit, and quote it to them. It worked for me, what they sent was the mother of all fudges, but at least it has given me something to pick holes in. Please don't rely on what I say without checking for yourself, and get legal advice if you are unsure.

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

[QUOTE=silvertongue;318047] The Rights of Entry Act they rely on dates from1954, a time when utilities were in public hands, and reasonable standards of decency were upheld, but it is clearly intended to be interpreted alongside relevant contemporary legislation, ie The Gas Act 1986. It's really worth taking a look at the act itself, it's easy to find online. QUOTE]

Thanks to all. Sorry for late reply. I'm working in Asia and this protracted dispute got off my radar until I received the latest bill from Centrica yesterday.

In my case the Centrica warrant was for Electricity supply. Thanks bluebottle your link led me to look at the recent Electricity Supply Acts. If I have read Section 44A relating to "Billing Disputes" correctly then it is game over for Centrica and for Lavender Hill Magistrates Court.

They have totally failed to comply with the 1989 Act 44A which stipulates that such "Billing Disputes" should be referred to "The Director" who may refer the dispute to Binding Arbitration - which is exactly what we proposed as long back as 2009 and have reiterated in every single subsequent correspondence.

[I][(8)No [F4electricity supplier] may commence proceedings before any court in respect of any charge in connection with the provision by him of electricity supply services unless, not less than 28 days before doing so, the concerned was informed by him, in such form and manner as may be prescribed, of—
(a)his intention to commence proceedings;
(b)the customer’s rights by virtue of this section; and
(c)such other matters (if any) as may be prescribed.
/I]

I'd be interested in whether others interpret this as I do.

The actual letter presented at the doorstep was
Amount Due: Ł1,194.61
xxxx Ltd are authorised officers of British Gas and your electricity account has been
passed to us for collection.
We visited you at the above supply address today to discuss the outstanding debt of
Ł1,194.61, which remains unpaid. This amount now includes a Ł54.00 charge for this visit.
As we were unable to resolve this matter, we serve notice of our intention to make
application for a Warrant of Entry, under the Rights of Entry, Gas and Electricity
(Boards) Act 1954, Section 2 (Amended 1995), from the Magistrates Court, to enter the
premises, if necessary by force, and either fit a pay as you go meter or cut off your
electricity supply.
The costs associated with these actions could be an additional Ł202.00 and will be passed
onto you for payment - adding to the amount you owe.
Only payment in full of Ł1,194.61, within the next seven working days, can stop this action.

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

Write to the court and ask them to supply a written statement of reasons for the decision to grant the warrant. You are entitled to that under HRA right to a fair hearing, look it up to find the right bit, and quote it to them.

Thanks silvertongue I particularly enjoyed your eloquent dismissal of the now archaic 1954 Act. I am now about to send the 5th request to Lavender Hill Magistrates Court for the information you describe.

As above;

I have now written to Lavender Hill Magistrates Court by Royal Mail "Signed For" on two occasions asking 1. For a transcript of the hearing 2. Whether the written submission explaining that the Application was unlawful was provided to the magistrate and if so why was the Warrant granted and 3. asking for an explanation of why they refused to provide either confirmation of the hearing or the actual warrant grant despite requests in writing and multiple phone calls. Unbelievably both requests were ignored despite proof of receipt.

[silvertongue]

Re: Warrant Application Oath and Data Protection Act

Hi

I too have found that the court is very keen to avoid providing iformation if they can get away with it. I hand delivered one letter, and found that the woman on the counter argued against accepting it, and I had to stand my ground and insist!

Are you sending your letters to a named person at the court? I have foud it makes a big difference.

Find out the name of the Justices' Clerk, and if possible their boss, in my case this is the Regional Delivery Director. Write to the Justices Clerk by name and copy your letter to the boss. Get the person at the post office to put the adressee's name on the recorded delivery slip. If you don't get a reply you can then write again, enclosing a copy of the slip, and a print out of the electronic proof of delivery. This makes it more difficult to ignore.

Good luck, if your circumstances are anything like mine, you are fighting against what is a comfortable relationship between court staff and utiities reps who are in court every week. I was quite struck by the fact that they seemed to enjoy the same level of co-operation from court staff as probation officers and the duty solicitor, making me feel at a disadvantage, and on a par with the petty criminals whose cases were heard before mine, Lovely!

[silvertongue]

Re: Warrant Application Oath and Data Protection Act

Useful piece of info.

I emailed the information commissioner's office to ask if I could request outstanding information from the court under an SAR, as I wasn't sure If the normal rules applied to the court.

Answer . 'Yes' apparently it's the same as for everyone else.

[Andrew Cox]

Re: Warrant Application Oath and Data Protection Act

I had missed that - you are quite correct.

http://www.justice.gov.uk/informatio...access-request

& from the IOC website

What is a valid subject access request?

For a subject access request to be valid, it should be made in writing. You should also note the following points when considering validity:
• A request sent by email or fax is as valid as one sent in hard copy.
• If a request does not mention the Act specifically or even say that it is a subject access request, it is nevertheless valid and should be treated as such if it is clear that the individual is asking for their own personal data.
• A request is valid even if the individual has not sent it directly to the person who normally deals with such requests – so it is important to ensure that you and your colleagues can recognise a subject access request and treat it appropriately.

[Lawful Albion Rebel]

Re: Warrant Application Oath and Data Protection Act

I have a long standing dispute with Southern Electric.
I have been paying them by Standing Order regularly and on time for years. This was fine until one day they decided they were no longer going to apply the payment to the two fuels, within their own internal accounting system. Something they had done previously and agreed to do in writing.
This has resulted in the bizarre situation that they claim I am in arrears on the Gas account, but am in credit to the tune of hundreds of pounds on the electricity account.

They have three times applied to magistrates for a Rights of Entry warrant on this daft basis, to force-fit a prepayment meter. ON each occasion I attended, opposed and won. The last time I attended I was even awarded my costs.
However, in June they applied again but did not inform me. The application contained multiple obvious errors of fact and may well have been obtained therefore, by fraud. The first my family and I knew of the mater was when their agent began loudly banging on the door announcing they ad arrived to fit a pre payment meter under their new 'warrant.'

I filmed the entire event. The agent admits on camera that he prints the warrants himself. After they had invaded my home, force fitted their prepayment meter and left, the very next day I attended my local solicitor before whom I swore a Statutory Declaration that I had not been informed and that the warrant should be set aside and the applicants compelled to restore matters ot the way they found them.

Today I attended the magistrates court intending to present my evidence, cross-examine the agent and hopefully have things put right.
Unfortunately it didnt go quite that way.

There was awaiting me a team of three lawyers from the utility co, one of whom informed me the clerk wished to speak to me in the court before the hearing. I went in and was asked what argument I had that might suggest they had the power to do as I asked and overturn the warrant. I cited the errors & the Fraud Act 2006 & the Human Rights Act (that I had been denied my right to a fair hearing) and that I would present my evidence in support in due course.
The clerk simply said I had not shown that I had sufficient cause and so I would not be allowed to plead before the magistrates!
A more blatant obstruction of Justice & denial of Lawful Remedy and I cant imagine.
I then asked for a copy of the recording or transcript of the hearing to which he replied "what hearing?"

I want to appeal the original warrant granting, full as it is with factual errors, the failure to notify me and the possible fraud perpetrated in acquiring it.

I have no faith in the magistrates court itself and so would be grateful for suggestions as to a course of action.
Appeal to the Crown Court has been suggested, although I was under the impression that this is reserved for criminal matters.

Another suggestion has been to bring a Private Criminal Prosecution against the utility company for fraud, directed at the CEO as he is vicariously liable.
And a similar criminal prosecution for Misconduct In A Public Office against the magistrate granting the warrant, and the clerks who perpetrated the Obstruction of Justice and Denial of Lawful Remedy

I'd be most interested to hear anyone else's suggestions.

[bluebottle]

Re: Warrant Application Oath and Data Protection Act

Hi Lawful Albion Rebel,

Did the warrant have a court stamp and a wet-signed signature on it? I can tell you that the police write their own search warrants, but have to have them signed and sealed by a magistrates court or Justice of the Peace.

I have to say that in order to bring what appears to be errant lawyers and court officials to book, you will need specialist legal advice.

The regulatory bodies for legal professionals are -

Solicitors Regulation Authority
Bar Standards Board
Chartered Institute of Legal Executives
Institute of Paralegals

In order to deal with the court officials, you will need to consult with a legal professional specialising in Administrative or Public Law.

[enquirer]

Re: Warrant Application Oath and Data Protection Act

I would be inclined to go down the civil route - the burden of proof is only 50:50, and an adverse judgement there will hurt them more than a criminal one ever would.

You can prove that they have made a catastrophic series of blunders and that not only do you not only owe them money, it is in fact they who owe you. You have been publicly humiliated, suffered loss, inconvenience, and distress.

This will of course require substantial damages.

[Lawful Albion Rebel]

Re: Warrant Application Oath and Data Protection Act

Hello chaps and thanks for your input.

There have been further developments.

Having been denied lawful remedy in the "Maggots Circus" I formally requested of them a Case Stated, ie a written account of the decisions of the court to
a) grant the warrant in the first place, full as it was with factual errors, blatant for anyone with even half an eye open to see.
And b) the non-hearing at which a deputy clerk to the justices arbitrarily decided I could not present my evidence before the court, to have the original warrant set aside.

The senior legal adviser for the county eventually replied telling me that he didnt think that this was appropriate and so would not be providing what I requested(!).
He went on to write that my only recourse would be to apply for Judicial Review.
I did some research and discovered on the Ministry of Justice website (I cant help but think of Orwell's 1984 whenever I hear that title!)
the following:
http://www.justice.gov.uk/downloads/...ial-review.pdf

In Part 7 it is written that:

"7.5 The claim form must also be accompanied by

•

any written evidence in support of the claim or application to extend time;
•
a copy of any order that you are seeking to have quashed;
•
where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision."
(emphasis added)



I replied to the senior legal adviser citing this and reiterating my request that I required an approved copy of the decisions in order to make my application for Judicial Review.

I eventually received a reply today, some 13 days later, in which he writes,

"You have been supplied with all the material which is available in this matter and as I said previously I am unable to assist you any further. So far as your meeting with [Asst Justice's Clerk] Mr XXXXXX is concerned in an earlier email I wrote "Thank you for your message in relation to this. My understanding is that in this matter you were previously advised that this court has no inherent jurisdiction to rescind decisions made to grant a warrant of entry in these circumstances but that you were invited to come to the courthouse in XXXXXXX to present any information which may have led to a contrary conclusion. In the absence of such authority showing a power to proceed then there was no application which you could properly put before a magistrate to grant the relief you sought. in respect of the decision to grant the warrant of entry no reasons have been recorded apart from an endorsement of the information presented and a copy of the warrant. I understand that you have copies of both those documents."

The sheer bravado in completely riding roughshod over the rights of a litigant in person simply trying to put right an injustice, is breathtaking.

It may be of interest to know, that in March of this year, having reached the end of my tether with SSE, I filed a claim against them in County Court for 36 counts of harassment within the meaning of the Protection from Harassment Act 1997.
It was after this action was under way that they applied AGAIN for another Rights of Entry warrant.
This is the one of which they failed to notify me.

If one were of a suspicious nature, one might conclude that staring down the barrel of a fairly open and shut case of harassment, spanning some 4 years, they concocted this piece of skulduggery in a lower court, to try to ameliorate their actions in the hope that they might be able to claim it wasn’t harassment at all, but justified 'recovery' action.

If one were suspicious.

[Lawful Albion Rebel]

Re: Warrant Application Oath and Data Protection Act

In answer to your question, no, there was no court stamp or seal, and the signature, at least on the version I eventually acquired, was, like the rest of the document, a copy.

[enquirer]

Re: Warrant Application Oath and Data Protection Act

If one were suspicious

And rightly so.

This sort of behaviour is now the norm - corrupt companies and armies of spiteful jobsworths.