Utility Warehouse just broke into my house

[shining Light]

Blomquist, I don't know if you have already done this but I would suggest doing the following.

 

Send a letter by "recorded delivery" addressed to the "complaints dept" and lay out your complaint.

 

List the date you moved in etc (include copy of tenancy agreement even if you have already sent it) and tell them you were completely unaware of any problem prior to the enforcement of the warrant and that as a new tenant you are happy to pay your bill but not any charges relating to the previous tenant including the warrant action.

 

Tell them you expect a reply within 14 days (put down the date) or you will take the matter further.

 

This way your complaint should hopefully get to the right person rather than speaking to a different CSA every time you call in.

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Blomquist]

Hi Zazen, no I didn't pay for consumption as they wouldn't give me the option. The rep I spoke to earlier in the week told me that people ask for her extension number all the time, so I asume she is full time staff.

[Blomquist]

Still waiting for a manager call back... All I want to do is pay my bill. A shame that they don't deem this as a high priority.

[pelham9]

the warrant of entry is charged against an address and not a customer with an outstanding debt ie whoever is at address.

.

 

 

Until UW know that you ere tackling the legality of the warrant they will continue to worry with remarks like that. Why have you not visited the magistrate court and sorted this? Until you do so they can rely on the warrrant to continue to deny you.

 

If you are chary of going tto the court to talk this over with the magistrate clerk why not see a solicitor using one of the free sessions that they offer?

[shining Light]

Why have you not visited the magistrate court and sorted this?

Good question? If you don't want to do that then why not do as I suggested before?

 

Send a letter by "recorded delivery" addressed to the "complaints dept" and lay out your complaint.

 

List the date you moved in etc (include copy of tenancy agreement even if you have already sent it) and tell them you were completely unaware of any problem prior to the enforcement of the warrant and that as a new tenant you are happy to pay your bill but not any charges relating to the previous tenant including the warrant action.

 

Tell them you expect a reply within 14 days (put down the date) or you will take the matter further.

 

This way your complaint should hopefully get to the right person rather than speaking to a different CSA every time you call in.

 

I have used this method over the years with various companies and always managed to get some sort of solution to my problem.

[pelham9]

Shining light.

 

Absolutely

 

He must do something other than try to talk on the telephone to various faceless customer services people.

 

A formal letter of complaint with its implied threat of referral to the Ombudsman may well produce in time what the the OP requires. That letter must contiain the fact that he will go to the court to investigate the application and warrant as he believes that the only way that UW could have obtained the warrant was by deceiving themselves and the court.

 

At the moment UW's position relies completely on their claim that the warrant was obtained lawfully - that the OP was informed of the applicatiion and that it was obtained on correct information being given to the court.

 

The OP has shown no sign to us and not to UW that he is set to challenge the warrant. It is a very serious matter to misrepresent the facts to a court and I am quite cetain that UW will do the OP's bidding if he takes the obvious route.

 

Blomquist.

 

A lot of posters including me have put a lot of effort in advising you. It must be clear to you that this whole matter revolves around the validity of the warrant. As I see it there are only three reasons why you do not go to the court.

 

a) You are intimidated by the idea. I am not a lawyer and I have been to magistrates court to speak to the court clerk on three occasions about warrant applications. On each occasion applicatgions were sent back to the utility and I was thanked for my trouble. It was all very civilised.

 

b)you feel that the court will not own up to and rectifyy a 'mistake'. That is a very jaundiced view of Briish Justice. The courts can only consider the facts as set before them and they have not made an error if those facts are true. The courts are eager to dispense justice and if it is obvious that their 'mistake' was due to incorrect facts sworn by UW then there will be a remedy.

 

c) The 'breakin' was not a total surprise and that you knew that something of the sort was in the offing and you buried your head in the sand and did nothing.

[45002]

I'm amazed this thread still going on,just read all the posts from page one

 

Two things spring to mind

 

A simple phone call to a utilities company at the start of the tenancy ?

 

We simple have not been told the Full story !

[dagenhamdave1]

I'm no lawyer but... I thought that even if they did have a warrant, it would have to have had a name on it. If you are the current occupier and your name wasn't on the warrant, it would make it void. Therefore they would have entered your house illegally... is that right ?

In any case, companies that think they can get away with half arsed legal loop holes are going to get a shock as there seems to be a new breed of lawyer coming through. I have seen ads for firms dealing with claims against utility suppliers and they have a real good track record. Soon the big companies will have no choice but to sort their crap out otherwise they will have trouble heading their way.

[pelham9]

THe OP meeds to go to the court to find out what name was on the application and what reason was given for a warrant of entry to change the meters. The occupier (the OP) had no debt.

 

Th courts are usually very efficient at informing the defendant of the hearing but if the letter they sent was to the wrong name then this letter could quite easily have been readdressed to the previous occupier. The stakes are so high that I would expect any utility to say that someone was sent round to deliver a letter informing of the hearing. You just cannot trust them especially where staff reputations and hence jobs are at stake.

[shining Light]

The stakes are so high that I would expect any utility to say that someone was sent round to deliver a letter informing of the hearing. You just cannot trust them especially where staff reputations and hence jobs are at stake.

I don't think any Utility company is going to deliberately mislead the court simply to enforce a Warrant, like you said, there is too much at stake. The procedures are in place to protect both the consumer and the company issuing the warrant.

 

In most cases, if something is done incorrectly it will usually come to light. If the 3rd party company acting on behalf of the utility company falsified the documentation relating to the action taken by them, they would lose all credibility and a lot of clients/money.

[loopinlouie]

Was this resolved?

[Enforcer_Staffs]

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.

[Enforcer_Staffs]

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

[Surfer01]

How would the new tenant know the id of the current supplier? How would the MOP know they have an incorrect name? Right of entry is invalid if there is a new tenant and warrant is for old tenant.

[Enforcer_Staffs]

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

[Surfer01]

Have you tried phoning any supplier to ask who the supplier is for a MPAN? I doubt it as you will then know that they will not giv eout that information as they may be infringing the Data Protection Act. They cannot disconnect a meter as they need to prove bad debt relating to the current occupier. The bad debt could be for a previous occupier. Catch 22!

[Enforcer_Staffs]

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.

[Enforcer_Staffs]

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.

[Surfer01]

You may be legally trained but you seem to lack knowledge on the MRA.

[45002]

Why on earth is this thread been drag up again.

 

Simple common sense if your moving in or out of a rented flat,or buying/selling,is for the tenant/buyer to contact a utility supplier and not leave it up to some else/3rd party......

 

We not had the whole truth from the person who started this thread and they got caught out using gas and electric for free...

 

He/she moved in January 2010

 

Did nothing until

 

July 2010 when they fitted pre-payments meter's

 

resulting in

 

Paying for court cost and gas and electric used for 7 months..

 

End of...

Edited October 15, 2010 by 45002
in

[shining Light]

Why on earth is this thread been drag up again.

Simple common sense if your moving in or out of a rented flat,or buying/selling,is for the tenant/buyer to contact a utility supplier and not leave it up to some else/3rd party......

 

We not had the whole truth from the person who started this thread and they got caught out using gas and electric for free...

 

He/she moved in January 2010

 

Did nothing until

 

July 2010 when they fitted pre-payments meter's

 

resulting in

 

Paying for court cost and gas and electric used for 7 months..

 

End of...

 

[Blomquist]

Hi All,

 

Just to make you aware:

 

Having had multiple problems getting a clear response from UW, I was eventually told by a rep that I shouldn't be paying the legal charges, this conflicted with the debt department, and having spoken to the debt manager I cut a deal. I will pay all of the debt I owe, if they clear off the £600 legal costs that they charged me for unlawful entry to my property. Happy to report they accepted and having waivered their offer to remove the meters and gp back to credit, at a cost of £100 each (plus £100 removal fee), I am now happily using the services of the wonderful EDF Energy.

 

EDF gave me the opportunity to switch to their credit meter for 28days and then switced me to credit meters for free after this period. Fantastic service and I'm save in the knowledge that they won't break into my house looking for money owed by somebody else.

 

RESULT. Thanks for all of your help and support, and to those who will no doubt be saddened to hear of my triumph after their continued negative postings.... Bah Humbug!

 

Thanks

 

BLMQST

[45002]

Hi All,

 

Just to make you aware:

 

Having had multiple problems getting a clear response from UW, I was eventually told by a rep that I shouldn't be paying the legal charges, this conflicted with the debt department, and having spoken to the debt manager I cut a deal. I will pay all of the debt I owe, if they clear off the £600 legal costs that they charged me for unlawful entry to my property. Happy to report they accepted and having waivered their offer to remove the meters and gp back to credit, at a cost of £100 each (plus £100 removal fee), I am now happily using the services of the wonderful EDF Energy.

 

EDF gave me the opportunity to switch to their credit meter for 28days and then switced me to credit meters for free after this period. Fantastic service and I'm save in the knowledge that they won't break into my house looking for money owed by somebody else.

 

RESULT. Thanks for all of your help and support, and to those who will no doubt be saddened to hear of my triumph after their continued negative postings.... Bah Humbug!

 

Thanks

 

BLMQST

..

[shining Light]

Hi Blomquist, please to hear you have resolved everything now.