Npower entry without a warrant

zax47

bengasman wrote: »

First thing to do is report a burglary to the police. Whether or not you have a debt is irrelevant; no company is allowed to break into your home without proper procedure. In all likelihood, you are already eligible for a compensation pay out on that basis alone.
Contact your local MP, and the energy ombudsman.
The Npower rep on here will probably try to talk it down, but if what you are saying is correct, you are the victim of a crime and companies that think they can do what they want in their pursuit of profit, need to be taught a lesson.
An Englishman's home is still his castle.
Please keep us posted about the progress of this case.

No crime has been committed, the "statutory right of entry" applies in this case, under the following Acts of Parliament;

Rights of Entry (Gas and Electricity Boards) Act 1954

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

The Gas Safety (Rights of Entry) Regulations 1996

http://www.legislation.gov.uk/uksi/1.../contents/made

bengasman

zax47 wrote: »

No crime has been committed, the "statutory right of entry" applies in this case, under the following Acts of Parliament;

Rights of Entry (Gas and Electricity Boards) Act 1954

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

The Gas Safety (Rights of Entry) Regulations 1996

http://www.legislation.gov.uk/uksi/1.../contents/made

The first act still requires due notice and procedure, which has not been complied with.

The second act only grants the right of access for reasons of making safe of an immediately dangerous situation e.g. a gas leak.

Sum and total: illegal entry by force which constitutes burglary under British law.

zax47

bengasman wrote: »

The first act still requires due notice and procedure, which has not been complied with.

Just because the poster ignored things doesn't mean procedure was not complied with. Seems they like ignoring letters etc. and burying their head in the sand hoping it won't happen.

Moral - pay your bills and the utilities won't enter your home when you aren't there, WHICH THEY ARE TOTALLY ENTITLED TO DO!

bengasman

zax47 wrote: »

Just because the poster ignored things doesn't mean procedure was not complied with. Seems they like ignoring letters etc. and burying their head in the sand hoping it won't happen.

According to the op, the debt was only a few months' worth. That would dovetail with the lack of a warrant.
Forced entry for debt recovery without a warrant is not allowed under British law, and constitutes burglary.
Yes, of course you need to pay your bills, but I can think of a number of legitimate reasons why a bill is not paid. It is then up to the company to convince the courts they are right and ask for a warrant. If and when they obtain this warrant, they have to give due notice that they are planning to use force if you don't co-operate.
So far, it seems they have failed on at least 3 separate points.

I've had a similar situation where BG threatened with high costs, bailiffs, breaking in without a warrant and all sorts of heavy handed stuff.
Turned out that I was right, and they were wrong by about £1000. Still haven't had an apology, and the ombudsman is now involved.

undaunted

Bengasmum is quite correct these acts do not entitle any company to force entry to anyones home without a warrant. The key to whether an offence has been committed or not is whether the posters view that no warrant was ever applied for (and they should have received notice & the opportunity to attend court & contest it if it were) is or is not correct.

Does the fact that Npower suggest they now wished to telephone the customer and "see what has happened" rather than having confirmed that a warrant was in place and correctly acted upon imply anything to you?

ic

undaunted wrote: »

Does the fact that Npower suggest they now wished to telephone the customer and "see what has happened" rather than having confirmed that a warrant was in place and correctly acted upon imply anything to you?

I think rather they don't want to discuss private matters on a public board - such information will be covered by the data protection act. This board is not a court and can't be considered as such. The OP has now got somebody working on the problem, and if they want to post updates about their own matters they can. Also they need to contact the OP to ensure they're speaking to the account holder - how on earth can they verify identity here?

bengasman

ic wrote: »

I think rather they don't want to discuss private matters on a public board - such information will be covered by the data protection act.

It remains to be seen if that comes under the data protection act, since the op voluntarily posted on a public forum. Even if it does, one quick notice from the op to give his approval would overcome that obstacle.
It is much more likely that an energy supplier was once again caught with the proverbial pants down, and now they are doing what they can to hush it up. All, of course, under the mantle of "being really concerned about this mistake", "having the customer's needs as a priority", and the good old "this has never happened before".

bengasman

nPower_company_representative wrote: »

.....If you'd like to talk to us about this, just give us a ring on 0800 551 555 and we can see what has happened.

I strongly advice you NOT to call them, but to do everything in writing so as to create a paper trail of evidence. The company rep is not here to help people, but for damage limitation for the company.

If you call them, they can hear you out, and use everything you say against you as no doubt the conversations will be taped. At the same time, anything they let slip, can conveniently be lost and denied.
It is fine for you to do the contacting by email if you find that easier, but you really should insist on getting proper hardcopies on letterheaded paper from the company. I know it is pain in the proverbial, but it could make a big difference.

It looks very much like they not only treated you very badly, but actually have committed a criminal offense under British law. They could be facing heavy fines from the regulator, and the responsible people could even find them in criminal court. (small chance though for the latter)

undaunted

Again I'd basically agree with bengasmum - get it in writing or at least confirmed in writing rather than rely purely on the phone alone.

IC's argument seems contradictory to me. If identity can't be verified by anyone how could data protection be an issue?

JimmyTheWig

If it were me I'd go for the phone conversation but get anything I wanted to rely on confirmed by letter.

As to the data protection side of things, I think the company would be on very dodgy grounds if they posted information about a customer's account on a public forum.
Though I also agree that such a public conversation could be damaging for the company.

I'd like to think the OP will come back and tell us the outcome.