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Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

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  • #16
    Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

    The Magistrate's 'Good Practice' guide would be useful - does anyone have access to it?

    Never even saw that gem of advice Nobs.....eyes are open but brain is saying..'Uh..nah..too early lol'

    Comment


    • #17
      Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

      Originally posted by charitynjw View Post
      Hi Animal,

      Some useful info on this thread - http://www.legalbeagles.info/forums/...lling-Disputes

      A bit more here - http://www.mumsnet.com/Talk/mumsnet_...or-taking-part

      And here - http://thejusticeofthepeace.blog.co....upply-8231890/

      The Magistrate's 'Good Practice' guide would be useful - does anyone have access to it?
      Thanks for those - I had seen the thread on here and the justiceofthepeace blog. None give me much hope... :-(

      I came across this and wondered if I am unsuccessful in arguing that the warrant is unwarranted (sic) that I could at least argue that only one set of warrant charges can be made... Any thoughts?
      I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

      Comment


      • #18
        Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

        Originally posted by Animal View Post
        Can't see the relevance, but...
        You appeared unsure as to exactly who you are up against in court.

        If BG were applying for a warrant in order to fit a meter in order to cover their recovery costs, that might well be legitimate, even if to do so is a bit over the top. If however they are applying on behalf of a DCA, or a DCA is somehow applying on their own behalf, using BG as a vehicle, that would be very strange indeed.

        Who has said the recovery money is owed, and to whom is it said to be owed?

        They have applied three times for a warrant.
        The first I was not notified. They withdrew after I contacted the CEO.
        The second they withdrew on the day, after I attended with documentation showing I had paid.
        The third is the one which is about to be heard.
        Subject to clearing up the questions above, your best avenue of attack now appears to be to attend the hearing and point out:

        (1) That on the first attempt, they failed to accord with the proper procedures and their own CEO had to intervene. This attacks their credibility.

        (2) That on the second attempt, their case collapsed when you demonstrated that nothing was owing. As they knew this at the time the application was made, this not only attacks their credibility, it also suggests that they are less than honest.

        (3) That they are trying again, after a series of blunders that has left their credibility in tatters, now suggests outright harassment. The court should no longer entertain applications from them with regard to this matter.

        Comment


        • #19
          Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

          Originally posted by enquirer View Post
          Who has said the recovery money is owed, and to whom is it said to be owed?
          The evelope says BG, the letter heading is BG. They say 'You have an outstanding bill of £357 for gas which includes the additional charges mentioned in our previous letters'. Then goes on to say they are applying for a Warrant.

          I have been through the previous letters and all sums mentioned don't add up to this amount. The last Gas Bill (dated 10 August 2013) states £411 is owed, despite no gas being used.
          I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

          Comment


          • #20
            Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

            Warrant was withdrawn immediately. BG employee visited my home same day to check the meter - I think he was looking for an excuse to proceed, but no gas has been used since Feb. He then claimed there was an unpaid bill from March, which I denied. Considering the last warrant application was June, and this alleged unpaid bill wasn't on that...

            Current status is that BG man is looking into the case... I wonder if they're going to try and obtain a warrant without letting me know about the hearing...?
            I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

            Comment


            • #21
              Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

              Originally posted by Animal View Post
              Warrant was withdrawn immediately.
              Any reason given? Do you have this in writing?

              He then claimed there was an unpaid bill from March, which I denied ...
              It might be worth recording their goon if one comes again, particularly if his manager later denies it ...

              ... the last warrant application was June, and this alleged unpaid bill wasn't on that ...
              Considering The last Gas Bill (dated 10 August 2013) states £411 is owed, despite no gas being used ...
              No standing charge to account for the additional sum?

              I wonder if they're going to try and obtain a warrant without letting me know about the hearing...?
              Where this company is concerned, nothing would come as a surprise.

              Draw up a clear, concise, chronology of events. Where necessary, briefly explain entries. Highlight any contradictions, errors or anomalies, particularly where their figures don't add up. Write everything on the assumption that a judge who knows nothing will be reading it later on.

              Raise it all as a formal complaint with BG (send direct to the CEO), and copy your MP in on it. Start laying the groundwork for a complaint to the Ombudsman.

              Comment


              • #22
                Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                We've just received a letter stating that they are applying for a warrant of entry again... No other correspondence...
                I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                Comment


                • #23
                  Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                  Originally posted by Animal View Post
                  We've just received a letter stating that they are applying for a warrant of entry again... No other correspondence...
                  Write to them asking when and where they propose to submit the warrant application. If they tell you, go along and oppose it. If you know they have got one, and it remains unexecuted, it is also possible to get an interim injunction blocking execution.

                  Comment


                  • #24
                    Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                    Yes, the letter gives a date. After the previous one, the BG rep visited my home the same day to check the meter. Said he was 'going to look into it'... That was 8 days ago...
                    I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                    Comment


                    • #25
                      Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                      Why don't you change supplier?

                      Comment


                      • #26
                        Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                        Originally posted by CleverClogs View Post
                        Why don't you change supplier?
                        They may not be able to. (LINK)

                        Comment


                        • #27
                          Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                          BG have marked my credit file as owing money... I tried to change last year, but this credit marker prevented me...
                          I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                          Comment


                          • #28
                            Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                            See http://www.energy-uk.org.uk/publicat...questions.html
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                              That link (energy-uk) doesn't display in firefox on Ubuntu...

                              I did explain to the new provider that there wasn't anything owed, but they still claimed that they couldn't switch due to the alleged debt.
                              I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

                              Comment


                              • #30
                                Re: Can Gas Supplier obtain a Warrant of Entry for Debt Collection Charges?

                                Originally posted by Animal View Post
                                That link (energy-uk) doesn't display in firefox on Ubuntu...
                                Have you tried 'searching' Energy-UK?
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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