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I have been in dispute with Eon for some time now regarding my bills.

 

My emails fall on deaf ears as Eon have responded stating that they will no longer discuss my dispute.

 

As this thread depicts on many occasions,

the inevitable Warrant of Entry was applied for by Eon in Portsmouth Court.

I am from Derby.

 

Now, as a Justice of the Peace, I am sure you are aware of the Magistrate Court Act 1980 (and in turn the Civil Procedure Rules 1998/9). These are legislation set in place guaranteeing the rights of citizens in regards to court processes. One major flaw in the letters all these bloggers receive is that these invites to courts are NOT actually from the court themselves, but from the Utility Companies.

 

The Magistrates Courts Act is clear on the fact that only a Court can summon a person to a hearing, not a company and therefore the utility company's letters are NOT summons'. Therefore, without the court actually summoning you to court personally, there can be NO court hearing?! When I had the 'Human Rights Letter,' a term of which I had never seen written in law before, I immediately wrote to the said court to ask if they had my name down for a hearing on that date at that time. The response I had was negative. Hence, there never was any official hearing.

 

Now in order for any warrant to be issued, the more recent (1980) Magistrates Courts Act, (which therefore has precedence over the outdated Right of Entry act (1954), is clear that there has had to have been a hearing, to which the court has an obligation set in law to invite you to in order to give you the opportunity to defend yourself (i.e have a fair trial, a cornerstone of British law first mentioned in the Magna Carter!). Therefore, if the court itself hasn't actually summoned you to court for a hearing then there is no official hearing.

 

Secondly, even if there was a hearing, the court is obliged to inform the defendant (us) that the claimant/creditor (Utility company) has been successful in their claim. All correspondence from the Utility companies are not official court documentation and thus are fraudulent when impersonating the courts. 

When a warrant is issued the courts, again, have to notify you of the warrant, and this could only ever be issued following a court appearance at a hearing which we potentially were unsuccessful at.

 

I have never been invited, by a court, to any such hearing and thus any warrant of entry made against me by a court is in dereliction of duty, i.e. the court / judge has not followed the correct, legal court process in which it is legal to issue such warrants. Furthermore, if we leave the Magistrates act aside and concentrate on the Rights of Entry act, in combination with the Electricity act 1989, 'if there is ever any genuine dispute between the consumer and the utility company, a warrant of entry CANNOT be issued. I wrote to the court regardless of their lack of protocol stating clearly that a warrant cant be issued for my property as there is an ongoing genuine dispute.

 

At the supposed hearing that Eon (not the court) invited me to, the judge has an obligation, by law, to scrutinise and consider all evidence set before them in order to be completely clear that there decision on issuing any judgement (or in this case, warrant)(Magistrates act again). In these 'rubber stamping' situations it is almost guaranteed that the judge seeing the applications can never be beyond any doubt that they have considered all aspects of the case in order to issue their verdict. Especially when the courts haven't even summoned the defendant to the supposed hearing to put over their case.

 

In short, all Warrants issued under this old Right of Entry Act are issued illegally, as the Magistrates Courts Act, which protects us to a more fair trial,

takes precedence over the 1954 act and has been disregarded. Now I conducted all correct enquiries to the courts to make certain that there was no hearing, and they agreed there was no hearing.

 

Yet still Eon turned up one day and broke in claiming they had a warrant of entry?!?!?! I threw them out and now face conviction through two counts of battery that the Eon staff alleged I inflicted upon them. I was defending my home from the elitist Big Six companies, by following the letter of the law,

and still face conviction.

 

These warrants are all illegal and it is about time these courts/judges are convicted themselves of fraudulent activity and of dereliction of duty,

as well as the perjury crimes of the utility companies by providing misleading information to the magistrates.

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well that might all seem correct if you live in FmoTL land

 

 

but in the real world its freeman of the land twaddle.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I threw them out and now face conviction through two counts of battery that the Eon staff alleged I inflicted upon them.

 

If they had a warrant then you can't use force against the person with the court's authority to be there.

 

The correct battle to fight (once they had the warrant!) was to go back to the court that issued the warrant and seek the court's review of how the warrant was unlawfully obtained.

 

I fear you have fought the wrong "battle", and now face a more uphill struggle for the "war".

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I fear you are both correct

but we have to do something one day or else everyone will keep getting treated incorrectly.

 

 

What I have done is reported breaking and entering on my property by Eon, so at least the police will have to investigate the validity of the warrant now.

 

 

The trouble is complaining about the courts and judges actions, thats only ever going to fail i think, but i shall try regardless.

 

Bear in mind I have still not ever seen any said warrant,

despite several requests,

and in order to appeal a warrant, you require a claim number.

 

 

AS there has not been any legal hearing,

there is NO claim number,

so you cant legally challenge the warrant.

Edited by jaason
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Gas/Elec utils don't need to issue a claim [if you mean CCJ etc] to get a warrant.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Gas/Elec utils don't need to issue a claim [if you mean CCJ etc] to get a warrant.

 

Correct, but there still needs to be an official hearing for any case in a court, and the court is obliged to invite you to that hearing.

 

 

There is no legislation in place which allows any third party (be it a utility company or even the local council) the legal right to issue summons to hearings.

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AS posted on Theresa May facebook page.

 

What sort of country are you running Mrs May.

 

There is another angry EON customer see details below.

 

 

It would appear that Dr Tony Cocker of EON is illegally applying for warrants of entry

and you, Greg Clark and Dermot Nolan at Ofgem sit on your butts doing nothing all complicit in EON's law breaking.

 

 

Is this what you call reckless indifference in public office or an abuse of power Mrs May?

 

 

Running an energy cartel is against UK law.

 

 

Illegal applications or warrants of entry relate to perjury, corruption and fraud.

 

 

Now we know EON are known for their fraud and perjury, harassment of customers, breaking UK laws with complete impunity.

 

 

So will your order Greg Clark to do something to stop this criminal activity?

 

It time this Dr Tony Cocker was locked up in jail.

 

 

After all his grotesque business practices are well known as is his serial law breaking.

 

 

Always remember to bring that to any court attention ,

such information is on public display on the Ofgem site.

 

 

t he problem with Dr Cocker is he has no balls himself.

 

 

 

 

Mike

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Magistrates issue warrants to authorise utility companies to enter domestic premises.

 

 

The procedure under the Rights of Entry (Gas and Electricity Boards) Act 1954 (as amended) (“the 1954 Act”) enables the applicant utility company or its agents to enter a building or part of a building when reasonably required in the conduct of their business.

 

They may seek a warrant to effect entry to fit a prepayment meter for domestic property or disconnect the supply in commercial premises where previous gas or electricity bills have been left unpaid.

 

Recently, magistrates’ courts have been asked to grant warrants of entry in order to enable the local authority applicant, in its capacity as landlord to residential tenants, to service or maintain a gas appliance, under the Environmental Protect Act 1990 (“the EPA”), sch.3, s.2.

 

The Gas Safety (Installation and Use) Regulations 1998, reg.36(2)

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Andy , not strictly true.

If you have a dispute which is the norm to get to a warrant hearing then no magistrate can issue a warrant.

 

Also entry to anyone premises should be by consent.

 

Also refer to electricity act 1989 schedule 6 ( link please mods) and or the Gas Act 1986 named the Electricity and Gas codes which updated the Rights of Entry as did the Utilities Act 2000.

 

If a UK energy customer has a genuine dispute they should have written a letter stating that to the energy company well in advance. Show it to a judge.

 

The warrant application will be thrown out.

 

Also you do not mention the chronically sick and what should apply in such cases.

 

Would you like to add this information?

 

 

Mike

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Andy , not strictly true. If you have a dispute which is the norm to get to a warrant hearing then no magistrate can issue a warrant. Also entry to anyone premises should be by consent. Also refer to electricity act 1989 schedule 6 ( link please mods) and or the Gas Act 1986 named the Electricity and Gas codes which updated the Rights of Entry as did the Utilities Act 2000. If a UK energy customer has a genuine dispute they should have written a letter stating that to the energy company well in advance. Show it to a judge. The warrant application will be thrown out. Also you do not mention the chronically sick and what should apply in such cases. Would you like to add this information?

 

 

Mike

 

I will add further but thanks...

 

guidance-warrants-entry-annex-a (2).doc

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facebook

 

god what next

 

this is not the Jeremy kyle show

 

its on facebook it must be true........:!:not

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The Gas and Electricity act of 1954 is for Health and Safety

 

To fix a gas leak or to check equipment, not for fitting a pre payment meter.

unfortunately this has been abused for years,

 

Most warrants are for Debt, but this should be taken to the civil courts,

 

The Op is correct there will be no record of the warrant session as it is a hired room for the day,

I had this with British Gas and they very quickly reversed the charges when challenged.

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Two completely different legislation's

 

Rights of Entry (Gas and Electricity Boards) Act 1954

 

http://www.legislation.gov.uk/ukpga/Eliz2/2-3/21/section/2

 

The Gas Safety (Rights of Entry) Regulations 1996

 

 

http://legislation.data.gov.uk/uksi/1996/2535/made/data.htm?wrap=true

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Correct Andy

They are both different

But they use the 1954 one to obtain the warrant to force entry on H & S grounds

then use 1989 one to change the meters, This one they can not force entry.

 

So effectivly the person who attends court on behalf of the utilities is purgering themselves.

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Correct Andy

They are both different

But they use the 1954 one to obtain the warrant to force entry on H & S grounds

then use 1989 one to change the meters, This one they can not force entry.

 

So effectivly the person who attends court on behalf of the utilities is purgering themselves.

 

:roll: Thanks for this information Leakie

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Well i have asked both the court and Eon similar questions regarding the supposed hearing and warrant.

 

 

The court have responded stating that in order for them to send me a copy of the warrant I have to pay £10?

 

 

The court is yet to respond when I have asked them which judge presided over the hearing?

 

 

They have stated that there is no method of appealing the warrant,

and only Eon has the power to cancel the warrant.

 

 

They have not responded to my question of what evidence they had to consider at the supposed hearing.

 

since when was Eon a higher authority than the justice system and their appeals procedure?

 

The court still has an obligation to forward a copy of any order or warrant it makes onto the defendant.

 

Eon, are yet to respond to any requests for information regarding the hearing?

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it does sound similar to the c'tax liability orders rubber stamping, done by a clerk in the office.

am not familiar with this all, are they allowed to do it ex parte on application?

IMO

:-):rant:

 

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As far as I am aware the right of entry act does not specify that they have to give notice or not?

It does specify though that if they obtain a warrant that they must send you a copy before enforcing it?

 

Also, as it is known as a hearing

(and not simply an application),

then any hearing cannot be ruled without notice.

 

Yes I have read so much about council tax liability sessions also,

 

 

the same things apply there regarding fraudulent court summons and hearings.

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The Utility company Must send you the Date and Time

also where the hearing is taking Place

 

also a human rights letter before the hearing,

if this has not happened then purgery has been committed,

but is over looked because it is hard to prove.

 

They privately Hire the court for the day, same as LO hearings,

 

If you are lucky enough to be able to turn up they will try everything to come to an agreement

so you do not have too go before a judge.

it is a bit of a farce.

 

Jaason

Ask Eon for proof of the correct info was posted through your door,

they can only take the word of the agent!

 

if they can not say their agent lied in court and you will pursue it,

as you were not given your time in court .

But only do this if this was the case.

This is what i did to BG they backed down.

 

Their agent was meant to have been to my property 3 times

they attend once,

I was given wrong info for the court,

All fee's were promptly dropped,

 

Also it is worth saying that you are going to complain to the ombudsman, this costs them £500 per complaint

 

Should not have to pay for info with the court regarding your own court case, some thing smells here.

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There was no chance i could have turned up to the hearing as

1) the court told me that had no record of a hearing in my name at that date and time and

 

 

2) i am from Derby and the fabled hearing (or as you put it, Eons room hire) was in Portsmouth.

Any legitimate court hearing HAS to transfer the proceedings to a court close to the defendant.

 

I still dont understand this term 'human rights letter,' as human rights act only applies to government bodies and not individual companies,

 

 

if this fabled Human rights letter is in conjunction with the human rights act, then Eon have no place with it.

 

Eon have still to provide any response

asking them for any information appears to be landing on deaf ears.

 

 

Seems like they have no answer (legal answer) to any of my requests

which leads me to believe that they have PLENTY to hide about the whole affair.

 

Before a legitimate court hearing you are entitled to all information regarding the case.

But once one has concluded (albeit fraudulently or legitimately) then I believe they can charge a small fee for copies of any information.

 

Either way, the smell is very strong about the whole issue.

Definite wrong doing by both the courts and Eon,

manipulating and forging summons', hearings, evidence and warrants for both their benefits

and with no liberty and rights enforced to the public consumer.

There has been a breach to the right to a fair trial.

 

Thing is,

who can I complain to now?

 

 

The ombudsman Ofgem have NO legal authority at all! Who do i complain to about the dodgy court and judge?

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Threaten to complain to the the regulator

but state that the complaints will be split,

each one will cost Eon £500 a time, 3 different complaints 3 x £500.00

if you ring up always ask to speak to a manager, as most of the time they read off a script,

do not give up they will back down in the end, for the extra fees.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Are you aware harassment is a criminal and civil offence see this case authority on harassment by British Gas http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html ….

 

All should read this carefully. It is a UK law case authority.

 

Mike

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