Bailiff Warrant to force entry & fit prepayent meters searched house and injured animal

[seanamarts]

This is fantastic information zonker, thank you for posting it.

 

Has your Aunt contacted another supplier yet to have the service changed over. She has the right to do this.

 

Plus the fact that I wouldnt want to stay with a provider that has little or no communication with their customers.

[brassnecked]

This is fantastic information zonker, thank you for posting it.

 

Has your Aunt contacted another supplier yet to have the service changed over. She has the right to do this.

 

Plus the fact that I wouldnt want to stay with a provider that has little or no communication with their customers.

 

Looks like aunt could have BG under Equalities Act AND HASWA 1974 their statutory duty under Section 3, Health & Safety at Work Act 1974 (Duty to Ensure the Health and Safety of the Public) failure to risk assess impact of forced entry and fitting a PP meter in a position potentially inaccessible to a vulnerable debtor, who should actually not have had the action taken in the first place due to BG loading previous tenants debt onto her account. Either way take legal advice, and claim if at all possible, for the vets bills, and any other consequential losses.

Edited July 28, 2013 by brassnecked

[BazzaS]

We moved from BG (pre-payment meters from previous owner running up arrears, no arrears when we moved in, 2 years on key meters, even offered deposits but they wouldn't move us to contract). Contradictory information, lack of promised call backs and "no one would have told you that" "we've checked the call recordings and you are right : you were told that, but you shouldn't have been" were the norm!

Agreed with another supplier to move to their PPM's and a move to contract shortly after.

 

BG repeatedly phoned us after we'd moved : even when we noted

a) that they had had ample opportunity to fix the issues we had raised before we moved

b) that we wouldn't return to BG because of the appalling "customer service" and that we'd asked not to be called again (repeatedly!), and the more they called the more remote any chance of us ever going back to them!

[jimbo2013]

if no warrant was shown or left, and multiple people were in the house carrying out acts beyond the remit of their warrant, then the police MUST be called, and the bailiff arrested immediately under suspiscion of theft, as they have acted beyond their remit, and opened letters, moved things around, so who is to say they haven't stolen anything?

 

Sorry but not involving the police here is a massive mistake IMo.

[unclebulgaria67]

Agree the Police should be informed about what happened, but they probably won't investigate. The problem these days, is that the Police appear to want to classify situations as being civil matters, so people are put off reporting these situations. But I think a report needs to be made and insist that a record is made by the Police.

[jimbo2013]

i would certianly have :-

Police

RSPCA

My local MP

My local neswpaper

My regional TV news group (easy to contact on twitter or email via the sites)

A national newspaper

The bailiffs company to make a formal complaint about the bailiff to the court that granted him his license

British Gas, asking for a face to face meeting with a specialist customer services representative.

Disability rights group

 

the above would do me for starters, I would also be approaching a solicitor with a view to suing for damamages and mental suffering. I would take them all to the cleanrers on this

[tomtubby]

The Equalties Act 2010 is rarely mentioned but is crucial and thank you Zonker for providing the relevant sections.

 

Great work !!!

[brassnecked]

Yes there may well be a noose around BG and their agents neck with the provisions of both the Equalities Act 2010, and HASWA 1974, notwithstanding them going down the route of forced entry for a debt not belonging to the victim of their muppetry..

[tomtubby]

Page 35 of the attached is worth a read......

 

 

http://www.citizensadvice.org.uk/double_disadvantage-2.htm

[brassnecked]

Page 35 of the attached is worth a read......

 

 

http://www.citizensadvice.org.uk/double_disadvantage-2.htm

 

most interesting TT, I would think that enforcers would rather use one size fits all and do not treat vulnerable people any different, in their opinion a debt is a debt and must be repaid irrespective. indicative of that is at page 25, where a creditor was on the face of it after having the DLA Mobility component paid to them rather than being used to lease a car from Motability. appalling!!!

[Schubertdog]

Whether using a key or changing the locks, this is a forced entry as they were not invited into the property by the tenant.

 

Any Entry Warrant will be very specific as to the reason for being issued and what can be carried out, it most certainly would not allow rummaging through personal belongings therefore the warrant has been vilolated and should be referred back to the issuing court. More likely is that no such warrant was issued making this an unlawful entry in law and reportable to the police for investigation. Check with the courts to find if a warrant was actually issued.

 

There should have been multiple attempts in writing to try and agree a mutual appointment prior to requesting a warrant, were there any such letters.

 

If the bailiff used a key to gain entry this can only have been given by the landlord.

If the landlord was involved in this he/she has breached the terms of any tenancy agreement relating to rights of access.

type [ legislation.gov.uk/ukpga/1985/70 ] into Google

 

It is the responsibility of the landlord to ensure that all utility companies are advised at the end of one tenancy and the start of a new one. It would appear the landlord has failed to carry out their duty and a complaint should be lodged with the landlord, if the landlord fails to rectify this situation refer it to the housing ombudsman.

Contact the property ombudsman type [ tpos.co.uk ] into Google

 

BG have no rights to break into a property and change a meter because of the debt of a previous tenant, refer this matter to the energy ombudsman type [ ombudsman-services.org/energy ] into Google

 

 

Sorry but CAG would not allow me to hyperlink the websites

[seanamarts]

 

Sorry but CAG would not allow me to hyperlink the websites

Hi schubertdog

 

You would need to make more posts until you are able to post a link.

 

If you feel that a link is important then please request it via the site team or tap on the triangle at the bottom of your post and ask one of us to put it up for you.

 

regards

 

seanamarts

 

Site Team

[Laird_Scooby]

I am SO glad British Gas have finally overstepped the mark and sincerely hope they get everything they deserve and more in terms of punishment, fines, compensation etc.

 

However, i am also incredibly sorry for the lady involved and hope she doesn't suffer any long term effects from this and any short term problems are sorted lightning quick for her. As for the dog, i would absolutely love to "subdue" the so called dog handler to the point where they also have internal bleeding!

 

Now to the main point of my post.

 

Some years back (before i became disabled) i worked indirectly for a utilities company fitting electric meters.

Very often on my job list for the day, the morning or afternoon was only filled with one job, commonly referred to as a "Warrant Job".

 

At the appointed time, three of us would turn up at the address independently - myself (to change the meter/disconnect if a business premises), a locksmith and a Warrant Officer (previously referred to as a Bailiff in this thread).

The Warrant Officer would do the introductions and explain the purpose of the visit and before instructing me to go ahead and fit the meter, would try and resolve the situation with the customer. This included ascertaining that they suffered no illnesses, disabilities etc that would make it difficult for them to deal with a PPM for whatever reason. If this was the case, very often the problem was resolved with the Benefits Agency using Benefits Direct (Arrears Direct?) to clear the debt directly from the customers benefits.

Only when all possibilities were exhausted was i told to go ahead and fit the meter.

However, in cases where the customer was not home, very often the meter was external so i simply changed it. On only 2 occasions the locksmith had to gain entry, once was to a deserted business premises and the other was a residential property.

In both cases the premises were left secure and in the case of the residential property, a key for a replacement lock was left with a neighbour. The locksmith disappeared as soon as he had finished his work so it was just myself and the WO in the place. The meter was found and changed and a copy of the warrant left and a letter explaining what had happened and why and a booklet detailing the use of the new PPM meter and some numbers to ring if the meter had to be moved due to disability, illness etc for safe access.

 

On no account was any mail opened, documents inspected, moved etc at any time and nor should they have been. The only damage ever done to the places was to the lock itself to gain access, which as i explained earlier was made secure after.

 

While it was the least pleasant aspect of the job, i hope the above gives an insight into what should have happened. If animals were present, either the job was aborted or they were kept calm and/or out of the way by the WO without any drugs or any other cruelty. Generally if it was a dog, most were quite happy to be escorted into a different room and the door shut for the duration of the job, then opened again for access to their water bowls etc on departure.

 

Although it never happened to me, some of my colleagues met with dogs that weren't "placid" enough to be escorted to another room or similar. When this happened, as far as i understood the situation, a return visit was booked or the RSPCA were called then and there so that the RSPCA could contain the animal. There was one job i attended where there was nobody home except a very aggressive Rottweiler. The RSPCA were called to deal with it and while the three of us were waiting for the RSPCA person to turn up, the customer returned home so the job was done and the RSPCA visit cancelled.

 

The Warrant only gives rights of access to the utility meter for the purpose of changing it to a pre-pay unit. It gives no right of access to peruse personal belongings, letters, perform animal cruelty etc.

 

While i no longer do that job, it must be said it is a job that has to be done and it should have been done with the minimum of fuss, personnel and intrusion. People like BG get everyone a bad name when they pull stunts like this, especially when they appear to be at the very least mistaken, if not totally misguided! Granted, mistakes can happen but when they do they should be put right immediately and compensation organised. However, my experience of BG suggests they are arrogant in the extreme and probably still believe they are right in this and will continue to believe this even after paying compensation.

Personally i hope they lose their licence to trade after this!

[45002]

This thread would be better off been moved to Utilities-Gas-Electricity-Water

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?121-Utilities-Gas-Electricity-Water

[dx100uk]

why?

 

dx

[45002]

why?

 

dx

 

That part of CAG is called

 

Utilities-Gas-Electricity-Water

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?121-Utilities-Gas-Electricity-Water

 

More people in the know post there !

[unclebulgaria67]

It is a shame that CAG does not enable a thread to run in two different folders at the same time. The thread mostly concerns action by bailiff under a warrant, but obviously also concerns utility rules/regulations.

 

Perhaps the site team could add a post to the utilities folder, asking any experts there to take a look at this thread and to contribute anything extra that has been missed.

[45002]

It is a shame that CAG does not enable a thread to run in two different folders at the same time. The thread mostly concerns action by bailiff under a warrant, but obviously also concerns utility rules/regulations.

 

Perhaps the site team could add a post to the utilities folder, asking any experts there to take a look at this thread and to contribute anything extra that has been missed.

 

I personal doubt it would have been court bailiffs anyway which I think the OP was thinking,It would be BG staff armed with a warrant and lock smiths in tow !

 

And several letters Would have been sent out to the account holder warning them of this type of action would be taken...

[dx100uk]

an alert thread has been created pointing here.

 

prob someone like power2contact

with a bit of paper that turns them into supermen.

 

dx

[dx100uk]

also put it on the bg twitter feed

 

see what that does!

 

dx

[steampowered]

Why on earth would the bailiff start opening your aunt's letters?

 

If everything is as you describe, perhaps worth considering legal action here. But first it is important to try and get your hands on the relevant documents - most importantly the warrant.

[May Fly]

And several letters Would have been sent out to the account holder warning them of this type of action would be taken...

 

This is a most disturbing thread.

 

However, to comment on the above,

 

a couple of years ago when I had trouble with a utility company,

I had several letters about the arrears which mentioned that a rep had called several times

but I was either not at home or refused to discuss the matter.

 

The rep had in fact visited, and simply left a card or envelope with a message scribbled on it hanging out the letter box

(one note left hanging out the letter box said "payment must be made now, a warrant is being applied for"

it was handed to me by my neighbour who saw it hanging there).

 

On each occasion I was in and no attempt was made to ring the bell or use the knocker.

 

One night I saw someone coming up the drive and thought "who's that scruffy oik?"

only to see her approach the door and walk away.

That was another 'visit' that was classed as me not being in.

 

So, although in this case BG SHOULD have contacted the resident, that is different from saying they WOULD have.

I think we should remember that.

 

Time and time again on this site we see examples of lenders, banks, DCAs etc breaking the law let alone internal procedures,

so let's not assume they did things correctly.

 

The changing of the meter has been totally bungled and I think it's reasonable to assume that things were bungled before the meter swapping as well.

 

In any case, even if they did write to the tenant, once the situation had been explained, it doesn't entitle them to ignore the explanation,

to write again and then follow up on the threats made.

 

They can't justify what they did by saying they wrote several times.

 

ONE explanation of the facts should have been enough, and as BG had the tenancy agreement, its safe to assume they knew all the facts.

 

In short, it doesn't matter how many time they wrote (if at all), they knew this debt wasn't hers

and by writing and expecting to get money from her,

they were simply harassing her.

 

Writing multiple times once they had the facts simply adds more misconduct to their record.

[jimbo2013]

I have had instances of people 'claiming' they visited my home, when I have 24hr door recording, and no-one had been.

 

This behaviour is appalling and comppletely unnacceptable, it should go to the highest level.

[Crotalus]

Hi, this is my first post here, i joined this site looking for advice as what has happened to the OPs Aunt, happened to me, but this time our pet was killed and my son refuses to return home. I will make a new thread explaining. I am sorry to here of your Aunt OP.

[dx100uk]

Hi, this is my first post here, i joined this site looking for advice as what has happened to the OPs Aunt, happened to me, but this time our pet was killed and my son refuses to return home. I will make a new thread explaining. I am sorry to here of your Aunt OP.

 

 

please post a link of your thread when done

 

dx