unauthorised access to property & money

1carminestocky

Good point! I'm not entirely sure we are getting the full picture in this thread so far. If we are getting the full picture then the supplier has cocked up big time and I apologise unreservedly. I genuinely can't imagine any supplier agreeing to freeze a debt for 3 months with no interim payment plan agreed.

adprob

If the meter is external does right of access apply? Also making a request under the data protection act wont be that quick. Once they get your request back companies have 42 working days to reply to your request.

Hazzo

1carminestocky: allow me to recap; when the bill arrived, my son rang to say he couldnt pay and told them why. they agreed to put a hold on the account. no mention of holding it for 3 months was made, but no subsequent letters or communications came from the electric company either. the latter was the whole purpose of this thread. The simple fact is that the electric company acted in the manner mentioned without giving any written or verbal notice.
On the question of an 'arrangement', as raised by Premier, the 'arrangement' agreed upon was to 'hold' the account. upon release of any 'hold' i would assume that any responsible organisation would have written or at least telephoned to chase payment but as i have already mentioned, not even a basic old fashioned 'red reminder' was issued; they simply and silently proceeded with their actions as described.
As a supplement to all of this, I have learnt today that the Rights of Entry Act does apply to what has been referred to in this thread as 'external' meters when the meter in question is on anything other than public property and when entry upon private property is required to access the meter for anything other than reading it.
I now realise that the question of deducting money by way of a debt charge without giving notice of intent to do so is a matter perhaps for another forum. there can be no doubt that any debt legally due must be paid and that my son was at fault for not contacting the electric company again; however, there are legal procedures to be followed when non payment occurs and they did not follow them.
I think i now have everything that i need to advise my son on how best we should proceed with this, which involves appointing solicitors to handle the subject of illegal entry. thank you everyone for your rapid input; it is most appreciated.

Hazzo

can i also just mention in reply to Premier's question ... whilst I have an authority to deal with my son's accounts, I do not receive his bills and do not pay them. If my son has a problem, the situation exists whereby I can call the account provider and either deliver messages or ask questions when my son is not able to do so himself because of his working hours. I think that is both quite rare and very responsible for a young man to think that way.

adprob

Just out of interest what would you consider to be a suitable resolution to this?
Putting aside for a moment how the supplier allegedly acted the fitting of the key meter seems to be the best situation for your son at present. SSE dont charge extra for them and your son can budget for his electric.

PNPSUKNET

If you look at the suppliers terms it says we may change your payment method or request a security deposit. As they have not broken in they have done nothing wrong. They own the meter not your son and could isolate leaving no supply at any time. I agree that no supplier does not send reminders as they do, also no supplier would hold with zero payment for 3 months.

Hazzo

An apology would be nice. i think what bothers me most is that they did it all silently and without any notice and still do not recognise the right of customers to politely question their actions.
Irrespective of the obvious benefits of a pre pay meter, I believe that laws and procedures exist to protect us all from the mavericks of society. I spoke to both Wessex Water and British Gas and asked what they would do in a similar situation to the electric company - in both cases, any action would be preceded by letters giving notice of intent - apparently, they have to do it that way! British Gas were the people that gave me the tip on Rights of Entry.

Cardew

igh10 wrote: »

1carminestocky: allow me to recap; when the bill arrived, my son rang to say he couldnt pay and told them why. they agreed to put a hold on the account. no mention of holding it for 3 months was made, but no subsequent letters or communications came from the electric company either. the latter was the whole purpose of this thread. The simple fact is that the electric company acted in the manner mentioned without giving any written or verbal notice.
On the question of an 'arrangement', as raised by Premier, the 'arrangement' agreed upon was to 'hold' the account. upon release of any 'hold' i would assume that any responsible organisation would have written or at least telephoned to chase payment but as i have already mentioned, not even a basic old fashioned 'red reminder' was issued; they simply and silently proceeded with their actions as described.
As a supplement to all of this, I have learnt today that the Rights of Entry Act does apply to what has been referred to in this thread as 'external' meters when the meter in question is on anything other than public property and when entry upon private property is required to access the meter for anything other than reading it.
I now realise that the question of deducting money by way of a debt charge without giving notice of intent to do so is a matter perhaps for another forum. there can be no doubt that any debt legally due must be paid and that my son was at fault for not contacting the electric company again; however, there are legal procedures to be followed when non payment occurs and they did not follow them.
I think i now have everything that i need to advise my son on how best we should proceed with this, which involves appointing solicitors to handle the subject of illegal entry. thank you everyone for your rapid input; it is most appreciated.

Just a couple of comments on this.

Your son's case seems to be based on his intepretation of an agreement - to put the account on hold - made in a telephone conversation; and the consensus of opinion is that a Utility company call centre would not(or should not) have made the agreement your son claims.

If indeed the company have made no further attempt to contact him, then they are clearly at fault.

However in appointing a solicitor, you need to consider what you aim to achieve. Damages? or on a point of principle?

It is difficult to see what damage your son has suffered. It is normal procedure to have a pre-pay meter fitted in circumstances where a debt is not paid.

If the matter goes to court, then a transcript of the telephone call(s) should be available.

Unless you can get a solicitor to take the case on a 'no win -no fee' basis(which I doubt) you might be looking at a lot of additional expense.

Hazzo

PNPSUKNET - have you ever forgotten to pay or ignored an electric bill? If so, can I please ask you what you would have done had the company concerned not reminded you and entered upon your property without notice, authority or warrant, changed your meter and changed your tariff without forewarning you that they were going to do it?

PNPSUKNET

igh10 wrote: »

PNPSUKNET - have you ever forgotten to pay or ignored an electric bill? If so, can I please ask you what you would have done had the company concerned not reminded you and entered upon your property without notice, authority or warrant, changed your meter and changed your tariff without forewarning you that they were going to do it?

Nope its called direct debit, and they didnt enter the property as yours was an external meter.