Unlawful/Unfair Disconnection?

[stuckinahole]

I just wondered if anyone knows if it is unlawful or goes against any codes of practice etc (anything I could use against British Gas basically) to disconnect a customer when there is a payment plan in place?

Also need to check, does an e-mail from one of their employees count?

When my partner and I were going through difficulty we advised British gas we were struggling and we had an e-mail reply to say we could pay x amount as and when we were able.
We did this.
We then received further threats and tried to contact them regarding this but they advised the e-mail doesnt count for anything!

Finally after being at a dead end with them ignoring or refusing to acknowledge that e-mail as an agreement/arrangement, they disconnected us. We had actually tried to speak to the guy in the lead up to the disconnecting and offered to pay but he refused to talk to us and would not discuss us paying it, even on the day we tried again!!

They installed a pre-payment meter without us agreeing...not sure if that matters, probably not.
They then set the meter up to collect an amount of £25 a week!! Far from what we could afford and I was under the impression according to things I have read that the amount should be agreed. I am sure even the booklet he gave us said "agreed amount"As a result we have not been able to use hardly any gas for the last few months as a top up of £5 lasts us not even a day due to the percentage they take from it (I understand they cannot legally take the whole amount, hence why they leave us a small amount of it eg 60p or something like that).

I need to know what to do. I dont know if I should just complain to Energywatch or take them to court or even if I have a leg to stand on?

Can anyone help. I am so annoyed. I have a number of debts and they all abuse the law or find loopholes in it to ruin everything. I am utterly miserable and having to wash in cold water every day and having no heating is really depressing and making me ill.

Any help much appreciated.

Yours in despair

Stuckinahole

[ATD]

I would suggest that it really hinges on what exactly was said in the email. Payments of X amount on an adhoc basis doesn't really sound like a formally agreed payment plan, but it would be down to the regulators to determine if they felt this constituted a valid payment arrangement.

If you were present when the Prepayment meter was fitted then the rep should have agreed an affordable rate to pay back any outstanding balance.

You need to contact your supplier to have this changed if it is not affordable, it may be worth getting the help of the C.A.B. in drawing up a financial statement and having them contact the supplier on your behalf.

[Sirensinger]

Hi stuckinahole, can't help much at the moment, but just wanted to say, that sounds awful! I know the horrible feeling of being cold and skint and feeling like you're fighting the whole world and it doesn;t give a damn. I've been in the situation sooooo often. I have learned loads on here about the law regarding bank charges etc, but am only just beginning to look into how to fight other situations. One thing you could do is look up everything you can about gas regulations, look at other consumer sites, and look in the bit on here with the legal documents in, you might find something. There's a copy somewhere of the Gas Act, try just doing a search for it. You have to wade thru loads of stuff, but I've found some very useful things by wading thru big legal documents. Then mention them in your letters, and if stuff goes to court make sure you have the excerpts in your bundle of documents. If I find anything I will post about it here.

Good luck

Sirensinger

[SharpmanTF1]

Taken from the gas act 1995 at this location

Gas Act 1995 (c. 45)

Recovery of gas charges etc.

7
(1)
Sub-paragraphs (3) and (4) below apply where—



(a)
a demand in writing is made by a gas supplier for the payment of any of the charges due to him from a consumer in respect of the supply of gas to the consumer’s premises, or to any premises previously owned or occupied by him; and



(b)
the consumer does not pay those charges within 28 days after the making of the demand.



(2)
Sub-paragraph (3) below also applies where—



(a)
a request in writing is made by a gas supplier for the provision of a deposit by way of reasonable security for the payment of the charges due to him from a consumer in respect of the supply of gas to the consumer’s premises; and



(b)
the consumer does not provide such a deposit, or agree to take his supply through a pre-payment meter, within 7 days after the making of the request.



(3)
If the supplier is a relevant supplier, he may, after giving not less than 7 days' notice of his intention—



(a)
cut off the supply to the consumer’s premises by disconnecting the service pipe at the meter or by such other means as he thinks fit; and



(b)
recover any expenses incurred in so doing from the consumer.



(4)
If—



(a)
the supplier is not a relevant supplier but another supplier (“the new supplier”) is such a supplier; and



(b)
the supplier has assigned to the new supplier his right to recover any of the charges due to him from the consumer,



sub-paragraph (3) above shall apply as if any reference to the supplier were a reference to the new supplier.

(5)
The powers conferred by sub-paragraphs (3) and (4) above shall not be exercisable as respects any charges or deposit the amount of which is genuinely in dispute.

It looks abit glum I know.

Sharpman.