Is this legal?

dexters_mum_2

Hi, I'm continuing a post that was posted on here on the 15th, by friend, Chicken_licken, unfortunately, due to PC problems, she's unable to get back on here.

Basically, for those who have not read the original post, she has been in dispute for over 2 years with Swalec, who allege she owes a £260 gas bill prior to the dates she bought her house. Sending her documents prooving when she moved in has made no difference. Almost immediately after moving in, she switched to British Gas and has been paying them ever since.

Initially the bills were coming in the name of the previosu occupier and were being returned as not known at this addresss to Swalec and she has rung and written to them stating as much too. When a debt collector came round, she decided to contact Energywatch and starngely, they changed the bills into her name then...

So, she has had an ongoing complaint with Swalec for 2 years and Energywtch have again been investigating. On the 14th, whilst she was visiting an elderly relative, Swalec came in and took her gas meter! Following advice from here, she contacted Transco, who confirmed her supplier was British Gas. She went back to Swalec and asked for proof of the debt and proof they were her supplier, on the phone, they said yes, we can provide you with that AND the contract you have signed, but she is 100% certain she has no signed anything, so she asked to come and get them from Swalec, who then decided they had none of this info available.

Cath has 2 small children and an elederly realtive and they have now all been left without gas, so no facility to cook, wash or have heating aside from portable fan heaters. She's not useless, she has been boiling kettles and making microwave food, but she's been left in a horrible state.

Also, the person who came in caused approximately £1200 of damage to the property which Swalec say he didn't, I took pictures that were date and time stamped and have had them developed, the mess was horrendous, they smashed glass on her back door and have not repalvced the glass, they've just put a self adhesive sheet over the hole.

So, she rang transco again yesterday, and reported theft of a gas meter. They were OK, not overly helpful but not as bad as Swalec. They advised that Swalec, weren't entitled to take the meter and even if they were, they should have left a token meter, but they can't do anything. They also said that usually no meteres are disconnected between 1 Oct-31 March under new government regulations.

Can anyone advise who she should contact, her kids are having to stay with me tonight as it is too cold for them to stay at home. As this is in dispute, Energywatch say that Swalec has behaved wrongly but they won't really help until Swalec have answered them.

What should she do now, aside from demanding proof of the debt and agreement, which she has done and contacted Transco. British Gas have said they need to hear from Transco!

So, really, is it legal and indeed fair, to leave a mother of 2 primary school age children and her elderly relative without any gas for any period of time?

Thanks
DM

shammyjack

Quickest way to get results would be to contact local MP and local and national press !

Itemise all damage and prepare a hefty claim for illegal entry and distress .


shammy

Cardew

This is the thread:

http://forums.moneysavingexpert.com/showthread.html?t=377797

If every thing is as stated above(and I am not implying otherwise) it is obviously neither fair nor legal; and the only question now how soon she will get reconnected and what she will get by way of compensation.

Taffyfella

Transfer the compalint to OFGEM as a matter of urgency.

To break into someone's house to replace is a meter is criminal in my eyes, what a bloody joke..

B/Gas may have more to say as they own the meter which SWALEC have stolen. Theft I tell you, theft!

Taff;)

C_Ronaldo

thats just scandulos, theft of a gas meter, hope she gets it sorted asap, swalec should be ashamed of themselves

dexters_mum_2

Thanks, I will keep on top of this with her as she needs the suport at the moment, funnily enough her cooker was just about on it's last legs and so she's decided to go and buy an electric one tomorrow, so she can at least cook.
Her neighbours have been great, they have lent her heaters and blankets and have offered her use of hot water too, so there is kindness in the world.

Gal

She should contact Bgas and ask them to install a new gas meter as a matter of urgency - Explain to them that the meter has been removed incorrectly by SWALEC and that she has young children and they will be out the same day.

Had a similar case recently where bgas took the wrong meter out of our customers property by accident thinking that it was his neighbours. His neighbour was laughing but needless to say our customer wasn't.

Crystaltipps_2

Between 1st October and 31st March no properties with children or elderly people in should have their gas supplies disconnected for debt. If a supplier is genuinely unaware of children in the property and they find out afterwards they must reconnect within 48 working hours max, alhtough they should tell Transco that there are children / elderly people at the property and that usually gets the job done quicker. Someone mentioned that a prepayment meter should have been fitted instead, but unfortunately this is not possible if there is noone in the house at the time for health and safety reasons.

Only an energy company who is supplying have the right to disconnect. Do Swalec think that they still supply your friend? Also - did they give notice of a court date? By the description of the damaged caused I'm assuming that the meter was inside the property, so its unlikely that they meant to disconnect your friends neighbour and did it in error.

I'm very surprised by the glass smashing on the door. These people always come armed with a locksmith and normally refuse to risk anything that might injure themselves to reach the meter - eg move a fridge. Is it at all possible that by a total fluke your friend also got burgled?

As Energywatch are being of little help, I would either go to the local paper or your MP - maybe email them a couple of your photos showing the damage.

Hope your friend gets it sorted.

dexters_mum_2

Thanks again for the recent advice.

Today has been strange, we went today to CAB together. They were OK.

The lady there rang first of all, the magistrates courts were Swalec claim to have got the warrant from, they had no record of any warrant being issued and pointed in the direction of SWALEC.

She called Swalec, who were very rude, refused point blank to discuss anything with CAB, so she did get put on conference call, with the CAB person listening in. They advised they had a warrant, they were asked if we could go to their offices (which are local anyway) and pick up a copy, the answer was a NO.

Asked if the meter could be put back in property until the issues were sorted out, CAB said to my friend to offer to have a token meter put in by way of compromise, something I wasn't keen on her doing as it seemed to admit she had a debt to SWALEC so she did it on a 'if I DO owe the money then would you....' coonversation, SWALEC then said, NO she couldn't have that either, to get a token meter in, she's have to pay £400 of the alleged bill to get this in, explained children lived there and they said it wasn't their problem and it was £400 to get a token meter, the whole amount to get the old meter put in or bust.

So, BG were then called, they were very sympathetic and have been trying to get in touch today with the relevant people at SWALEC and they have put in a request to get a new meter put in, they said within 48 hours but no guarantees on that, although they made notes of everything, they couldn't guarantee it would be an imperial meter, as she had previous failed their in house credit scoring and had to pay a £200 security bond, they said it may be a token meter but she accepts that as being fine as her last BG bill was around £80 for the quarter.

Transco were good, they have taken notes about the circumstances, they are aware there are children and said they will do their uttmost to get something sorted.

SWALEC also say they have no less than 3 contracts signed by friend although they are refusing to give her any copies...so we'll wait and see on that one.

Anyway, one of us will keep the situation updated.
Cheers all,
DM

tripled

dexters_mum wrote:

The lady there rang first of all, the magistrates courts were Swalec claim to have got the warrant from, they had no record of any warrant being issued and pointed in the direction of SWALEC.

If there was no warrant issued, surely they would have committed the criminal offence of breaking and entering? Check first with the CAB, but I think she should report them to the police (not on 999, dial the local station) and put in a report and ask for a crime reference number so it is on file if she needs to take them to court for damages.

She called Swalec, who were very rude, refused point blank to discuss anything with CAB, so she did get put on conference call, with the CAB person listening in. They advised they had a warrant, they were asked if we could go to their offices (which are local anyway) and pick up a copy, the answer was a NO.

Perhaps she could do a data protection enquiry to get hold of a copy?

So, BG were then called, they were very sympathetic and have been trying to get in touch today with the relevant people at SWALEC and they have put in a request to get a new meter put in, they said within 48 hours but no guarantees on that, although they made notes of everything, they couldn't guarantee it would be an imperial meter, as she had previous failed their in house credit scoring and had to pay a £200 security bond, they said it may be a token meter but she accepts that as being fine as her last BG bill was around £80 for the quarter.

Are you sure you have the right end of the stick with BG? I take it you mean a credit meter as opposed to imperial (they haven't fitted imperial meters for years, they are all metric now). If she had a credit meter before they shouldn't credit score her unless they are treating it as a new supply, which they shouldn't. Also token meters are for electricity and they don't fit them any more either (they use key meters), for gas they would fit a card meter.

SWALEC also say they have no less than 3 contracts signed by friend although they are refusing to give her any copies...so we'll wait and see on that one.

Again, a DPA request should get that information out of them.

I hope it all gets sorted out quickly for her!

dexters_mum_2

All done on the DPA front all sent by special delivery, so waiting to hear now.
Crime number from the police was done today, they won't come over but there is a number now.
I'm probably a bit old fashioned on the terms of meters but they did say they would credit score her, but they have mentioned if she agreed to have a direct debit, this might mean she could have a credit meter.