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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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British Gas-Enforcement dept visit


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Hi

This is my first post and I am still recovering from the shock of yesterday. Please can someone help us.

 

Here are the salient points:-

a)We bought a property in November 2007 for letting

b)Contacted B Gas and gave electricity and Gas reading in November 2007

c)B Gas cannot trace existing electricity suppliers and does nothing about the electricity

d)3 months later and hours of telephone calls. Still B Gas cannot trace current supplier

e)We let the flat to a young couple in February 2008. For six months she tries to get them to set up an electricity account without success. They claim that there is no meter point ref.

f)They come to have a look and still cannot establish who is the supplier.

g)Ten months later they are still dealing with it and they advise my tenant that they have passed it to their investigation dept.

h)Yesterday I get a phone call from a british gas representative. He was at the premises with my tenant and said that he was disconnecting the supply. He also stated that he believed there had been a theft of electricity and that I cannot stop him disconecting the meter. He further stated that if I hand over £640 he will put a prepayment meter in place or else we will have no electricity. He had no warrant.

i)I had no choice . I asked my tenant to hand him a cheque which I then refunded her by bank transfer the same day. If I was living there myself I would have ordered him out as he had no warrant. The welfare of my tenant however was paramount.

j)I was also told by the representative that somebody had tampered with the supply of electricity- obviously before we bought the property.

 

My question is why did they use such heavy-handed tactics when , after all, we had been in a dialogue with them for 10 months to open an account . I am thinking of suing them but not too sure on what grounds.

 

I would appreciate anyone's help

 

Thanks

Dan

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With regard to disconnecting the meter, if the Revenue Protection Officer believed that there was evidence of Abstraction of Electricity (ie tampering of some sort) he would be entitled to disconnect the meter under 1989 Electricity Act (schedule 6 I think, but not certain), on the grounds of public safety.

 

You should write to British Gas fully outlining the situation, that you have made several attempts to have the supply put into your/your tenants name over the last few months. The will be records of this - probably on the gas account, if they supply you with gas.

 

You will probably need to write to both the Revenue Protection Unit, and to cover yourself, The Chairman's office at the registered address (anything going here is dealt with as a high level complaint).

 

Do make sure that you communicate the history to them, as you can be held liable even if you did not actually effect the tampering yourself.

 

Below is an extract from The UKPRA Website:

 

Q) What should I do if I think that I have been wrongly accused of meter tampering?

 

A1) Both criminal and civil law apply to meter interference. Depending on the decision of the energy supplier, police and Crown Prosecution Service (CPS) the criminal aspects will be dealt with at a Magistrates’ Court, Crown Court or official caution at a police station. You have the right to trial by jury.

 

 

A2) Regardless of whether proceedings are brought in the criminal court, the registered customer is normally responsible for ensuring that the metering equipment is not interfered with by themselves or anyone else and in the event of any interference are liable for the costs and losses. It is possible therefore that you may be required to pay charges even if another member of the household, or a third party, has interfered with the meter during your period of responsibility.

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Thanks for your reply.

 

I had a call today from the person handling my complaint. She suggested that I write to the Revenue Protection Unit to get a breakdown of the £640 charges and see if they will consider a reduction.

 

My reaction was to tell her that I will only write to British Gas plc's address-for-service and not waste my time with the Revenue Protection unit. Reading your comments , I realise that not writing to the Revenue Protection Unit will leave no trace of the history of what happened and, as you said, could leave me open to prosecution.

 

So I will go ahead and write to them. I will also send a copy to their headquarters (Chairmans Office). My Solicitors will also be looking into this.

 

Thanks for your advice

 

Dan

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No problem, hopefully you will get everything straightened out.

 

I've only ever had limited dealing with the RPU team at BG. They did tend to go in "all guns blazing" so to speak, but in fairness they were always reasonable when the whole story became apparent.

 

Just out of curiosity, what type interference with the meter are they claiming has been carried out?

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Not too sure at the moment as to what kind of interference they are alleging.

 

It has something to do with what he called 'landlord's meter' having been installed. Also , B Gas customer services mentioned something about meters being installed without notifying anyone. Anyway I will soon find out.

 

As you say, the RP are quite heavy-handed. The guy however did say to me that they would not prosecute me nor my tenant.To make sure that this does not happen , I have already send two letters this morning by recorded delivery ; one to the RP (using the official contact address for B Gas) and the other to the Registered Office of Centrica plc - chairman's office. The letter explain the whole story about the property and when we bought it, etc.

 

I still intend to do everything to recover the £640. I have asked my tenant to keep the paperwork that he passed to her but I have not seen it yet.

 

Thanks

Dan

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  • 7 months later...

#31 report.gif

post_new.gif 16-05-2009, 01:36 PM

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Member

Join Date: May 2009

Posts: 1

 

 

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Help - I'm having a similar problem..

 

Two guys turned up at my vacant property ( I had gone to show an estate agent round) they claimed they were from British Gas Revenue Protection ( they had no id on them) , were quite heavy handed in their approach and said they were disconnecting the supply as the meter had been ' tampered' with.

 

They disconnected the supply ( removed the fuse) and handed me a bill for £640 quid (British Gas Revenue protection letterhead)which was broken down into £250 Investigation Fee and £390 Meter Work Fee.

Of course I refused to pay as I had no idea about their genuinety. I said I would call their office and speak to someone there and was not going to pay these guys. (British Gas Revenue protection letterhead)

 

Later on that day they called me again heavy handedly asking for payment to be made by debit card etc - I refused. I have no knowledege of any meter tampering and do not even know which energy supplier the tenant had been using before he left ( the prop is now vacant).

 

The next day I visited the property , and was shocked to find that someone had gained access to the property and completely removed the meter.They have left the live electricity wires exposed!

 

I am very worried as to how someone gained access into my property without consent/ permission / warrant/ break in ...and who are these people ? Do they really work for British Gas? Do they have some kind of master key to enter a property like this and are they allowed to do so?

 

I have today reported the matter to the police who have given me an Incident Reference number.

 

What do I do now ? If my previous tenant had tampered with the supply/ meter how can British Gas charge me £640 for something I had no knowledge of?

 

Do I complain British Gas ? or Revenue Protection ? or both? I have no forwarding address for the previous tenant but some of his mail has still been coming to my property including a driving licence from DVLA.

 

Please advise ...

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Sorry to hear this happened to you. The £640 that they charged me included the cost of installing a pay-as-you-go meter. Basically they descended on my tenant and asked for the £640 or else they would disconnect and walk away.

 

As I paid the £640 by debit card , they installed the pay-as-you-go meter to replace the existing meter (so-called tempered with)

 

The whole thing is totally unacceptable but it is difficult to get justice. I think that in your case you are right to contact the police. There have been a lot of very nasty cases documented on this forum and it is a mystery that the authorities have not descended on British Gas themselves.

 

For your information , there is a Revenue Protection dept within British Gas. Unfortunately they are a law unto themselves and don't even answer to their own bosses (British Gas). ATD made some useful comments on my original thread.

 

They categorically refused to refund my fee of £640. Instead they said that I could keep B Gas as a supplier or else go somewhere else. They said that they were entitled to be paid for the work on the meter.

 

I still have a issue with them regarding another property in the building. That property is being supplied with electricity but as yet B Gas , who have accepted to supply the electricity 1 year ago, still cannot charge for the electricity because the meter is not recognised. I have pleaded with them to install a pay-as-you-go meter but still nothing has happened. No doubt I will get a surprise visit as in the case of the other flat.

 

Perhaps the only way to fight them is by joint action. I simply do not have the stamina for this on my own.

 

As regards the way they gained access to the property, you should contact the Revenue protection and ask them to tell you They can only do it with a warant (although I believe they can do it in your absence). If they did not have a warrant then it is definitely illegal.

 

The RP seem to work in the same way as bailiffs. The deliberately fail to comminicate in the hope that thay can then go in by surprise and use heavy tactics - and get more money.

 

Dan

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Hey needjustice, thanks very much for your informative response. I am really cheesed off by this whole episode as now I cant even really let the property or properly show prospective tenants/ agents around.

Not only will I probably end up £640 out of pocket but also will incur loss of rent.

 

They indeed do seem like a law unto themselves, the Police did say to me that utility companies have got the right to enter the premises, however the police officer was not too sure whether they are allowed without showing the warrant and without presence of landlord.

 

I have figured that they probably bought a locksmith along hence there is no ' breaking and entering' . This is scary , so basically any mickey mouse utility firm can unlock your home doors and intrude as and when they want, not only utilities but also the thugs they seem to employ to ' protect revenue' Its quite disturbing.

 

I have spent most of this afternoon going through old paperwork, am going to send tenancy agreement and tenants passport copies etc to B Gas and this Revenue Dept, that way at least I'll have a record of the fact that I am taking steps to rectify and that I knew nothing about it.

 

So in the interim if I get another meter fitted by someone else will I be able to get electricity and rent the flat out whilst this is being sorted?

 

Look forwarc to your advice.

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Getting a meter fitted by someone else may not be simple. You could enquire and see what they say. There could even be a cost which is higher than the £640.

 

In my case I had no choice. Either I pay the £640 or leave the tenant with no electricity for an indefinite period.

 

I think the priority is to get the electricity back into the property. I know you must be feeling absolutely gutted now, but you must look at things in a clear and lucid way. This episode should not result in you holding a property that is not rentable.

 

It took me many weeks to recover from that experience. My anger towards B Gas would not go away. I considered legal proceedings (even an injunction to stop them doing the same thing to the other property). However, legal action tend to be very expensive and risky.

 

I did stress to British Gas (and also to their RP dept) all along that I paid under duress. All my letters were marked "without prejudice". Therefore I can always get back to them when I have enough amunition. At lease both my properties are rented at the moment.

 

You should keep a dialogue with them just in case it turns out that only they can reconnect the electricity.

 

Dan

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I know ! am feeling really gutted, am going to write to BG with all the supposting evidence and details of the tenant, I am distressed that I should be held responsible for this cost purely because I am the landlord. If my tenant was a theif and stole from people would i be responsible for that too!?!

 

My builder reckons that if a new meter is fitted the electricity can be reconnected straightaway whilst the ongoing saga with BG continues.

 

Many thanks for your help, will keep you posted. Glad to hear that you sorted your issue out though you bore the cost in the end.

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  • 7 months later...
  • 6 months later...

I am now facing this same problem! The tenant has just absconded, she owed rent and has left the place in a bit of a mess. My management company have emailed me to say:

'The biggest problem, however, is the electric meter or rather the lack of. Having checked with British Gas they have informed us they removed the meter as they had found it had been by-passed (looped). British Gas informed us they will not fit a new meter unless the LANDLORD pays £640. The tenant was responsible for payment and also looping the meter. We have argued this point for half an hour on the phone with British Gas, but they will not budge. If you would like to speak to British Gas yourself their telephone number is 0800 048 0202 and ask for the Revenue Protection Team. Perhaps you will have more luck.'

 

If anyone can advise or give me an update on their efforts I'd be very grateful.

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I am now facing this same problem! The tenant has just absconded, she owed rent and has left the place in a bit of a mess. My management company have emailed me to say:

'The biggest problem, however, is the electric meter or rather the lack of. Having checked with British Gas they have informed us they removed the meter as they had found it had been by-passed (looped). British Gas informed us they will not fit a new meter unless the LANDLORD pays £640. The tenant was responsible for payment and also looping the meter. We have argued this point for half an hour on the phone with British Gas, but they will not budge. If you would like to speak to British Gas yourself their telephone number is 0800 048 0202 and ask for the Revenue Protection Team. Perhaps you will have more luck.'

 

If anyone can advise or give me an update on their efforts I'd be very grateful.

 

When I started the thread some two years ago, I was very shaken by the events and very angry. The matter was resolved by paying the £640.

 

You have to treat British Gas and Revenue Protection as two separate organisations (though they are not). This is because once RP goes in British Gas cannot do much.

 

In retrospect, I have to say that the £640 is not unreasonable. You have very little choice; no other supplier will consider you and if they did they will almost certainly charge much more to bring in a contractor.

 

The big surprise was that they actually installed a normal meter (not pay-as-you-go). But that was not all. I have another flat in the same building with the same dodgy meter problem from previous occupiers. With that other flat, the whole meter change was done by appointment. However British Gas made a gesture of only charging electricity from the day the new meter was installed. So in the end I had a very long free period, much to the benefit of the tenant who was also an innocent party.

 

The Revenue Protection normally have intimidating tactics; they just descend on you and want the £640 there and then or else they take away the dodgy meter and leave you with nothing. However, as I dealt directly with the Revenue Protection guy who was visiting, through his mobile phone, things went smoothly. In fact he was very helpful when it turned out that the engineer (from Siemens) needed access to the adjoining shops to temporarily disconnect their supply also so that the work could be carried out.

 

I did not feel the need to seek recovery form the people I bought the flats from. They probably did not know about it. In the end it cost a lot of time and £640 for each flat. From the business point of view, there was no break in the tenancy and rental income and therefore no real financial loss.

 

I have to say that the lady from British Gas Escalation team who was assigned my case was superb.

 

According to the regulations, responsibility lies with the owner of the property. In my case both Revenue Protection and British Gas said at the outset that they believed I was innocent but unfortunately responsible for the meter change costs.

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Hells...I suggest that you contact Audrey Gallagher at Customer Focus. She is very much aware of this practise and from what I understand she believes British Gas have ceased charging the L/lord a reconnection fee where the meter has been tampered with and their tennant has departed. I am aware of a similar instance recently where I was asked to assist and after the L/lord pointed out these facts to British Gas they dropped all the charges.

I would also add that the meter is the responsibilty of the bill payer and not the owner of the property. This is why all L/lords must get their tennant to put the utility bills in their own name.

Please let me know how you get on.

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  • 1 month later...

I used to work within that department and I was forced to leave as I never believed in some of their disconnection and, FALSE allegations were put forward by another employee of that department. I say this I have covered law in my education days, and I did voice my concerns with management. BUT, BG Revenue Protection employ thick and thicker people to be managers.

 

I can help if people have had or are having problems with British Gas Revenue Protection, more so, if you are a business customer of British Gas and the revenue protection turn up, please let me know.

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Update re previous posts: I contacted Consumer Focus as advised by Juicebuster and I followed CF's advise to pay in order to restore power immediately to the property ,and to then send a letter of complaint stating that I paid under duress and that I expected to be refunded. CF also raised the issue at a meeting with BG. I subsequently received a call from BG agreeing that the Revenue Propection Team had unfairly charged me as I hadn't profited in any way from the tenant's action and BG refunded the fee. Thanks for your responses and advice.

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  • 1 month later...

Please Help.

 

Purchased a chip shop in Nov last year, Put it on market to sell as it was only for an investment. Have been running it for under a year. Last week had a visit from a guy from the enforcement dept, he told me he was here to see the meter was ok so I let him in and showed him where meter was. He told me the meter was very old and needed replacing so I said not a prob. He came back the folowing week with two othr men, changed meter and left a letter with the staff saying that he beleived the meter had been tampered with and that he would investigate this within seven days.

After reading these reviews im very very worried that they may cut me off and my business will close or issue me with a massive fine. The old owner gave me some of his bills and he was mearly paying £120 a month compared to my £380/400 a month.

Two weeks prior to his visit we had two meter reads, then the day after he put a new meter in we had another visit for a meter read?

Please can you offer any advice or help.

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  • 1 year later...
I used to work within that department and I was forced to leave as I never believed in some of their disconnection and, FALSE allegations were put forward by another employee of that department. I say this I have covered law in my education days, and I did voice my concerns with management. BUT, BG Revenue Protection employ thick and thicker people to be managers.

 

I can help if people have had or are having problems with British Gas Revenue Protection, more so, if you are a business customer of British Gas and the revenue protection turn up, please let me know.

 

Dear Jay7,

I had RP officer in my takeaway recently who believed there was a tampering with gas meter. He disconnected the meter and took it for testing. I had rented the shop to one of my staff few months ago and I have legal tenancy.My Big mistake was I left it with him to inform the utility suppliers of change in bills name and he has not done it.

 

My tenant has disappeared since business closed and there is no gas connection in premises. Also, I am worried that I would receive a huge bill for what he is done as my name is still on account.

Can you advice me if there is anything I can do? Does having a solicitor helps to deal with RPU or they have no power against RP?

 

Many thanks

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