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Enforcer_Staffs

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Everything posted by Enforcer_Staffs

  1. I totally agree on the statement they should be a true reflection but they justify this by field visits to the sites and know that dependant on the supplier the charges for domestic vary from £25 -£35. And on Commercial can go up to £150 + Vat. Most if the bill is being settled will not charge there 2 i can think of won't but most will.
  2. The only real way is write to them and apease to the their better nature failing that small claims court. The problem is the contract is with and the utility company as you was only person named. This is a mistake made by a lot of flat mates and when things break down your lumbered with the debt. I will always insist all parties are named on the account supplers will say that they will pursue one person as cheaper but the contract is with all parties with the suppliers and not as they would let you believe a third party dispute you need to sort out. Good news on the refund front
  3. When a warrant is applied for the wording is Mr Joe Bloggs / The Occupier thus making it relevant to who ever is in the property. The process required to get a warrant is a long one which is as follows 1. The supplier send reminder and some where it will refere to sending to a DCA 2. The DCA will write to the site address Mr Joe Bloggs / The Occupier. advising you of the debt and a caller will visit. 3. The caller will visit the supply address not the billing address and attempt to make contact. If this fails the DCA will send a Human Rights letter giving Mr Joe Bloggs / The Occupier 14 days notice of an application being made before the court. If this as been followed then a warrant will be issued as it can be proved they have made every effort to validate the occupant.
  4. But there is also onus upon the occupier to prove made all relivant efforts to facilitate the change and yes i have rung a supplier to find not the designated supplier and been told who is. Also Mpas number is inside yellow pages at the front trust me on the warrant situation i am legally trained and unfortunatley the Gas Act/ Electricity Act and the gas & Electricity boards act are all loaded in the suppliers favour. As long as the supplier as made an effort to contact the last know occupant the onus after 28 days of taking over the tenancy is upon the occupant, rental propererties should be informed of the supplier in the tenancy pack and new homes used to be supplied in sellers pack. At some point we have to responsibility for our own actions i know if after 28 days i don't know who my supplier is i be very worried and making a lot of calls.
  5. Not at all the warrant is for access to the meter not the tenant. They only have to prove they attempted to contact the site by a failed visit or mailing to the site. A occupier can find out who supplies them by going to energylinx or phoning any energy supplier who will access ECOS and let you know your designated supplier
  6. A right of entry warrant is valid for the premises and ascertains to the meter if the name is incorrect its the last registered occupant. The new occupant would need to supply evidence that they provided to information to the supplier that they were a new tenant. If this at collection stage a copy of your tenancy agreement would need to be supplied as documented proof
  7. I'm looking at the post and see different advise the legal stance is the new tenant has a legal obligation to inform the dedicated supplier for the site that they have moved in within 28 days of the tenancy commencement if this has failed then the supplier has added legal right for charging. As for the letting agent letting the supplier know this is quite common but the supplier has no legal obligation to take the details in fact the contrary is usual to ignore them as under english law a 3rd cannot enter into contract for the 1st or 2nd party unless has written authorisation to do so from the parties. Also its contrary to the Data protection act . It is always advisable to let your supplier know you have moved out and back it up in writing.
  8. I may be able too render some advise from the fence here Atlantic will submit your debt to a magistrate court not a county court and all they have to prove is that the bills are not up to date and have offered you payment plans and can ask for a warrant to be issued to fit a pre payment meter. The Magistrates have no power to state a recovery amount se to the account the usual maximum is around £15.00 if in receipt of benefits would be set at a recovery rate of up to about £3.50 as long as you can provide proof your on a income support based benefit. Your only way to stop the warrant is to prove that you have a valid dispute on the account to prove this pleaseread on. You would need to prove you was making the average payments to your account ongoing and that your payment have never stopped. Also that you have done everything within your power to supply accurate reads to allow you to be billed correctly. (It is not the responsibility to read your meter monthly or quarterly they are only required by law to ensure a meter is read every 2 years). If you stopped payments during any period then it may be deemed that you fell in to debt on your own cause. you can attend court and put your point across but please do not be under the illusion they will fall on your side the law is loaded on the suppliers side and can be very upsetting. Always remember to supply evidence as they work on cool hard facts. Feel free to ask any questions always willing to help
  9. Your terms and condition of supply clearly state they may charge for passing your account from collection. Many people think a court letter will come those days have gone you get your red reminder and it it will state they may pass your your debt to a DCA if not paid in 14 days. Trust me they do pass it on once your account has been passed a letter from the DCA is usually sent then automatically your will be charged the default charge. If you withold paying this can be passed to the court as a reason for a forced entry under the Gas & Electricity act 1954 (rights of entry) this is a lawful charge agreed with OFGEM .
  10. Your debt may be passed to a DCA who have a whole catalogue of ways to trace you simplest would be do a reference check against your Credit record at your supply address and if you have apply for any credit since this will also show togethjer with your new address. My advise is pay the debt as tracing will cost as much as the debt you can run but don't make any applications for credit, have a bank account as it will show.
  11. May i point out if you had logged the account in your name 18 months ago Npower would be billing you direct. Npower have the power to disconnect as long as they can convince a magistrate they have visied the site tried to make contact direct. If i was still receiving debt letters i would be on to npower as a matter of course as all letters are addressed to the the named/The Occupier. Richburns will have gained powers under the Gas & Eec Act 1954 (right of entry) from the court. Lesson here is ensure your supply is in your name as the utility supplier as the legal right to classify you as a deemed customer.
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