Electricity Act 1989 Section 44A - Billing Disputes

[Andrew Cox]

Can anybody confirm the status of this section in relation to "Rights of Entry (Gas and Electricity Boards) Act 1954".

Specifically

1. Is the Act in place (legislation.gov.uk shows provisional and (1) uses the word MAY - The Secretary of State may by regulations make provision for billing disputes to be referred to the Director for determination in accordance with the regulations.
2. Does the provision below apply to consumers

I am particularly interested in whether a supplier should comply with (8) [below] in conjunction with the notice provisions in the 1954 Act

(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 [F5customer] 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.

[silvertongue]

Re: Electricity Act 1989 Section 44A - Billing Disputes

Hi there, The Rights of Entry Act states that the JP may issue a warrant provided they are satisfied of certain things. One of those is "that the requirements of the relevant enactment have been complied with" Relevant enactments are the gas and electricity acts. I interpreted that to mean that a warrant can only be issued if the supplier has complied with the law, as written in the acts.

My dispute with BG is a billing dispute, and I cited the fact that I had not been given 28 days notice, and had not been informed of my rights amongst my grounds for striking out the warrant in my written statement to the court. My problem was that the statement was never shown to the magistrate, so I will never know what the response of the court would have been. I am still arguing with the court's back office about this, but their only suggestion is that I can ask for judicial review.
Judicial review will not be cost effective, but I keep asking awkward questions, and sending comments on their responses to be held on record. I don't want BG taking the view that a magistrate issued a warrant, so they must have been justified in applying for it. My situation is a current case with the ombudsman, and I may consider action against bg in respect of 3 years harassment if the ombudsmans decision supports my view of the matter.
I have been wondering if I can do a SAR to the court if they don't send all the information I have asked for, as they are being quite selective at the moment. Does anyone out there know if I can do that?

[Hurricane Puffrose]

Re: Electricity Act 1989 Section 44A - Billing Disputes

BUMPED.

[Andrew Cox]

Re: Electricity Act 1989 Section 44A - Billing Disputes

There are numerous questions in here in reality.

The Warrant Application process, from what is widely reported on the internet is being treated by the Courts as a rubber stamping process. Some courts have issued guidelines suggesting that Magistrates need to heed more closely to the Law at it really is. Other courts seem to still think they have a duty to reduce costs for all parties in administering these processes - in the interests of the taxpayer.

"

WARRANTS OF ENTRY AND APPLICATIONS TO DISCONNECT UTILITY SUPPLY

by TheJusticeofthePeace @ 23. Mar. 2010. – 18:51:54



Amongst the "extra" matters dealt with in Magistrates` Courts I have recently commented on statutary declarations. Another common function for all JPs is deciding whether or not to grant Warrants of Entry for utility companies either to disconnect supply gas or electricity [usually at vacant or business premises] or to replace a regular meter with a pre-payment meter. It has been and might still be the norm for these applications to be "rubber stamped" without too much investigation.

However with many colleagues in various courts all over the country I have been consulting a "good practice guide" which encourages courts to take a more inquisitorial approach to these applications in spite of the time taken when there is a crowded list.

A magistrate from a neighbouring court told me recently that when he was sitting outside his own court he was surprised at the novel questioning of the applicants by the chairman. It had never happened when he was sitting at his own court. In the session one application was to disconnect the landlord`s supply in a block of flats the tenants having no say in the matter. In practice it would probably have meant no lighting to the common parts eg entrance hall and stairways. In view of the possible danger to infirm or elderly occupants falling down stairs that bench refused the application and suggested no further application be made until there was a firm refusal from the absentee landlord to pay the outstanding bill of c£300. He also described an application to fit a pre-payment meter [always a higher tariff] to an occupier he discovered was two weeks late in an arrears payment previously agreed. This history was discovered he reported by the chairman`s questioning the bailiff in quite some detail.

He told me that he had never previously sat on a bench which had refused an application to disconnect and fit a pre-payment meter. Information from that episode he said would be conveyed to his "home" court.
"

To Be Continued

[Andrew Cox]

Re: Electricity Act 1989 Section 44A - Billing Disputes

In addition to the above very wise and temperate appraisal of what appears to be a fairly prevalent abuse of the warrant process by utility companies, I suggest that some gernuinely legally qualified and experienced forum contributor provides guidance on whether the now ancient Act is being fairly interpreted by Magistrates in conjunction with;

1. "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." (quote silvertongue from another thread.)

2. Electricity Act 1989 Section 44A - Billing Disputes

And

3. Where Debt Collectors have been engaged;

"OFT guidance for all businesses engaged in the recovery of consumer credit debts"

In my case I can see no less than 6 serious breaches prior to the WARRANT APPLICATION". And one of those may substantiate if ruled in my favour a charge of "Conspiracy to Pervert the Course of Justice"

But ultimately unless the cost and damages awarded against the Utility Companies of these challenges against the Utility Companies is greater than the very cost advantageous rubber stamping process these companies have been granted - ----then they will carry on regardless of the human damage with their bullying tactics. They are playing roulette against us with the red and black fixed!!!

[silvertongue]

Re: Electricity Act 1989 Section 44A - Billing Disputes

Couldn't agree more with the above.

I saw no evidence that the magistraes at my hearing were aware of the requirements of the law.

Having never been in court before, I naively expected fairness, but was shocked to the core to find myself a puppet in a Punch and Judy show! The worst thing is there seems to be no realistic method of appeal.

I believe the casual way in which these warrants are issued breaches HRA protection of the right to respect for family life and the home. I have had to consider as a worst case scenario that I could nip out for a pint of milk in the morning leaving my teenage daughter vulnerable to stepping out of the shower and come face to face with a stranger, who the Justice system has given permission to break in to our home. All this because I dared to take issue with British Gas, and hold out for an effective response, which they persistently failed to provide.

I can see no realistic method of redress, other than to consider action against BG for harassment, similar to Lisa Ferguson's successful case.

[silvertongue]

Re: Electricity Act 1989 Section 44A - Billing Disputes

Re Above

In my opinion, as it currently operates, the whole process amounts to little more than state sponsored thuggery, where the Scales of Justice are wielded as a blunt impliment!

[Lawful Albion Rebel]

Re: Electricity Act 1989 Section 44A - Billing Disputes

I have successfully opposed the granting of two warrant of entry applications made by Southern Electric on the grounds that they could not show that the amounts they claimed were properly calculated or that they had not already been paid. ON the second occasion I was even awarded costs.
I have since issued in County against them for 30+ counts of Harassment.

After the county action was begun, they applied yet again for another warrant of entry, only this time they did not inform me.
The first my family and I knew of the matter was their agent loudly and gleefully hammering on our door first thing one morning, announcing he had a warrant of entry to fit a prepayment meter.
I grabbed my video camera and filmed the whole sorry event, including the arrival of several police officers.
The agent refused to show me the warrant other than waving it at me from a distance and refused to provide a copy. It was only on the insistence of the police that they copied it themsleves and provided me a copy.

When I challenged the validity of the warrant the agent blithely announced that he had PRINTED IT HIMSELF and that although it bore neither the name of the Judge nor the stamp of the court, it was "perfectly valid". Id be most interested in your view on this.

I made plain to the agent, before witnesses and on camera, that I had not been given notice of their intent to apply for a warrant, and asked that execution of the warrant be stayed pending my contacting the court to arrange a new hearing which I could attend and oppose the application.
He refused.

After the meter had been fitted, under protest and duress on my part, the following day I went to my local solicitor and swore a Statutory Declaration to the effect that I had been denied justice by not being informed of the application, and that it should therefore be set aside and the applicants be required to return matters to the way they were, at their own cost. I then sent this, recorded delivery post to the magistrates court.

I'm concerned that the issuing magistrate may not have properly scrutinised the application or the background of matters between me and SSE. If he had, it would have been easy to see that I had successfully opposed their warrant applications on two prior occasions IN THAT VERY COURT, and at the very least it might be reasonable to expect at least a cursory investigation as to why I had (quite uncharacteristically) failed to appear to oppose on this occasion.

Does anyone know:
1. Where a Good Practice Guide for Magistrates regarding warrants of entry may be found (if it exists)
2. Whether a "warrant" printed by the applicant and bearing neither the seal of the court nor the name of the JP, may be considered valid.
3. Where (if any) may be found the criteria which all warrants must fulfil in order to be lawful?