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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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Hi all

 

Can anyone help me on the correct procedure for Eon (electric) have to do to gain a warrant of entry,

 

Also what is the procedure after the have gained the warrant, and come to the property.

 

Thanks in advance

 

Leakie

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Hi Leakie

 

Applying for a warrant is a last resort where we're unable to make suitable arrangements concerning an outstanding balance on an account. Before we go down this route, we'll make many attempts to contact the customer. This includes phone calls, letters, emails (where appropriate) and home visits.

 

The intention of this contact is to see if there's a way of resolving the matter without applying for a warrant. We can look at various payment arrangements to try to spread the outstanding balance over a manageable period.

 

If this isn't possible, we'll offer to install a prepayment meter. The debt can then be set on the meter to be collected at an agreed rate each week.

 

It's better if we can do this with the customer's agreement. Going down the warrants route will lead to further costs and these are added to the customer's debt.

 

Should the above fail, we'll then apply for a warrant to fit a prepayment meter. If granted, we'll visit the property with a locksmith and fit the meter.

 

If the customer isn't present, we'll leave information at the site explaining how to use the meter. The debt will be set on the meter to collect at £10 per week.

 

However, we'll only continue to fit a prepayment meter if it's safe and practicable. For instance, if there's a particular form of vulnerability at the property, we'll not continue with the prepayment option.

 

A letter will be sent confirming the total debt and weekly repayment rates.

 

Hope this helps.

 

Malc

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Thanks for the reply

 

 

Should Eon sent me a letter telling me, The date,time and at which court if I wished to attend?

 

Also after obtaining the warrant do Eon, need to notify me what day they are coming and an approximate time,

So some one could be in?

 

Leakie

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Thanks Malc

 

I did not receive this letter,

The only paper work I received was from the Eon Rep who knocked at the door when my wife was in.

He had written the date of the court but nothing else,

I would have gone to the court as I was sorting things out with Eon,

I had stated that I would have had the PPM to avoid the extra £250.00 that you charge.

 

With regards to turning up with out notice, can I ask why this is because it would be better if some one was in .

Also are the Police meant to be with your Representative,so they can gain entry.

 

Leakie

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Hi Leakie

 

Whether or not we involve the Police very much depends on the circumstances of each individual case. If we believe there's a significant threat to our people then, yes, we will involve the Police. Where we don't envisage any problems, we won't bother the Police.

 

Similarly, we don't give dates/times because it alerts those who mean to cause problems.

 

Not saying any of this applies to you Leakie but, unfortunately, past experiences mean we need to take certain precautions.

 

Malc

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Thanks Malc

You have been selective with your answers so far

I understand what you are saying regards the police, but if you know who the problem clients are there should be no problem notifying any one else.

 

My beef as such is I was not notified when and where it was going to court so I had no chance to have my say.

which resulted in extra added to my bill.

Is here any thing I can do about this with Eon customer services or do I need to take my complaint further

Thanks

 

Leakie

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I appreciate that this is a distressing situation for the OP.

 

My experience is that energy companies go to great lengths to make contact with consumers who are in debt.

 

This contact ranges from letters to doorstep calls and can go on for months if not a year.

 

Warrants really are the last resort and even then, no action may be taken.

 

At that point police are not required unless the warrant holder is obstructed in his duty.

 

They may enter ,fit ppm/disconnect or collect payment if it is tendered.

 

No one is entitled to a credit meter and energy suppliers need only extend credit to those who fit their criteria.

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Well Dilettante

 

This was not my experience

They did not follow procedure.I want to check if they did, And I am sure they did not,

as I was not notified of the court time and which court, as I would have attended.

I was in the process of sorting this out,

only a small payment was needed, they were to inform me the exact amount,

 

But they went ahead and obtained a warrant at an extra cost too myself.

 

Thank you for post informative

Do you work for one of these companies???

 

Leakie

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Hi Leakie...i dont have a hidden agenda and i dont work for a gas supplier or a debt enforcement company. I'd appreciate it if you keep us posted as to how it goes..

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Hi Dlettante

 

I was not suggesting you had a hidden agenda,

 

You seem very knowlageable with the way thing are done,

 

I wanted to make sure that the book was followed,

I have had dealings with Eon before,

The meter reader was reading the rates the wrong way round,

So my bill would increase, when they realised.

I rang them, to let them know what was going on,

and was told that I was wrong they do not make mistakes.

Eventuly I spoke to some one who would listen,

then back dated 4 years of readings and wanted the money instantly.

 

not happy as you can guess but that is in the past now

I do not trust Eon

I just want to pay the correct and fair amount.

 

Leakie

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Hi Leakie

 

You can certainly follow our complaints process. If, after 56 days, you remain unhappy with our explanation then you can refer the matter to the Ombudsman for an independent review.

 

If we're at the warrants stage, there'll be notes on your account detailing the actions we've taken. You can ask to see these notes under a 'Subject Access Request.'

 

Although we charge £10 for this, it will give you details of letters sent, addresses sent to, dates etc.

 

Malc

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Hi Malc

 

Thanks for your reply

 

Well apparently My complaint was looked into and was closed but no one had told me,

 

I Kicked up a fuss and now it is being looked at again by the right people.

it was only because I insisted that it was reopened

How could they investigate with out getting the fact from the person who complained.

 

The thing is I was trying to get info from Eon to put in an official complaint.

 

I have 3 issues 1 is this thread,

 

All of a sudden I am now being kept informed of whats going on,

2 phone calls in the space of 2hrs.

 

I think if I had not insisted it would have been swept under carpet

 

In the past I would have let it go.

I will take this further if the explanation of there final response is not satisfactory.

 

That does not mean I will go further if my complaint is not up held.

 

Leakie

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Well I Had a result

 

I was correct they had not followed procedure,

 

They have now withdrawn the warrant fee,

 

I just goes to show that you should not just accept the first response if it goes against you.

if you have done your research correctly be persistent but polite.

 

1 complaint upheld

2 being checked out.

 

Leakie

  • Confused 1

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I was very interested in this thread as Eon just turned up out of the blue when I was at work, and an elderly relative was staying at mine. They stamped all over my garden, frightened my Aunt nearly to death, and apparently stood around laughing with the locksmith in the garden. All this for a single woman, normally living alone.

 

They are dreadful bullies and now my debt to them is paid I will switch to another provider - even if I have to pay more for my electricity. This is the thanks you get when you stay with a provider for 30+ years and get into financial difficulty.

 

And no point in complaining. The stick together and talk to you as if you are an imbecile!

 

Dreadful people.

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Well I have had all 3 complaints resolved,

 

1 I got the warrant fee back, ( they admitted that they did not follow procedure)

 

2 Bad langue from there installer, an off the cuff comment when he thought I was out of earshot,

If he had said it to my face he would have been down the stairs and through the door before it had opened.

My word against the Eon operatives (verbal warning)

 

3 Incorrect meter readings possibly a faulty meter ( Partial refund)

 

All of the above were only resolved when I refused to close the complaints and when the managers got involved,

Before that I was being fobbed off.

 

I also stated that I would take this all the way to the ombudsman, and Ofgem, and I knew that it would cost them for each complaint.

 

May be a little blackmail

 

Overall I am happy with the result.

 

Moral is don't accept the first resolution unless you are happy with it. if not don't let them close the complaint.

 

Leakie

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