Right of entry warrant info required

Gentleman_Oblickta

Hello MSE, I'm not much of a forum bod so hopefully I will not mess it up too much and get things in the right place.

I owe Scottish Power about £1000. Not because I'm a bad person or a bad payer but because of administrative errors that I wont document in detail now but to give you a bit of background we're talking no bills for the first ten months, no meter readings for 2 years while they were quite happy to read all the neighbours meters, grossly underestimated usage and blatant incompetence to a level where they insist they read my meter three times before they installed it, unbelievable. They state they have attended to read my meter 12 times in the past 2 years and couldn't gain access to it. Strange, as I had the meter installed on the outside during upgrades and it's been accessible at all times for as long as I've held the account.

I've been paying £150 a month all year which covers my usage and reduces the arrears by £75 per month. They have now offered a payment plan of £136 per month with no upfront payments. Yes it's true! They are demanding less than I'm already paying. So what's the problem I hear you ask.

I had two guys from the Sheriffs court (Scotland) attend my house with a document stating SP are going to court to apply for an entry warrant to install a prepay. I am going to accept their payment plan but they must already be incurring charges which I've no doubt they'll try and pass on to me. I understand they cannot pass on the charges until they've obtained a warrant so even when the payment plan is implemented, will they still go to court so they can pass the charges to me?

SP have told me in writing that in Scotland I cannot attend the "warrant signing." Scottish courts mustn't have "hearings" where written evidence is given under oath! I would be grateful for some direction as I have read examples on this site where folk have attended court. I have read the 1954 Right of Entry Act and there are no extra provisions for Scotland that I can see.

Any help on this matter gratefully received

Wywth

Gentleman_Oblickta wrote: »

Hello MSE, I'm not much of a forum bod so hopefully I will not mess it up too much and get things in the right place.

I owe Scottish Power about £1000. Not because I'm a bad person or a bad payer but because of administrative errors that I wont document in detail now but to give you a bit of background we're talking no bills for the first ten months, no meter readings for 2 years while they were quite happy to read all the neighbours meters, grossly underestimated usage and blatant incompetence to a level where they insist they read my meter three times before they installed it, unbelievable. They state they have attended to read my meter 12 times in the past 2 years and couldn't gain access to it. Strange, as I had the meter installed on the outside during upgrades and it's been accessible at all times for as long as I've held the account.

I've been paying £150 a month all year which covers my usage and reduces the arrears by £75 per month. They have now offered a payment plan of £136 per month with no upfront payments. Yes it's true! They are demanding less than I'm already paying. So what's the problem I hear you ask.

I had two guys from the Sheriffs court (Scotland) attend my house with a document stating SP are going to court to apply for an entry warrant to install a prepay. I am going to accept their payment plan but they must already be incurring charges which I've no doubt they'll try and pass on to me. I understand they cannot pass on the charges until they've obtained a warrant so even when the payment plan is implemented, will they still go to court so they can pass the charges to me?

SP have told me in writing that in Scotland I cannot attend the "warrant signing." Scottish courts mustn't have "hearings" where written evidence is given under oath! I would be grateful for some direction as I have read examples on this site where folk have attended court. I have read the 1954 Right of Entry Act and there are no extra provisions for Scotland that I can see.

Any help on this matter gratefully received

Your numbers don't seem to make much sense to me.

You say you pay £150 per monthwhich covers your consumption and pays off £75 per month from the arrears.

That would mean your annual consumption costs just £900, so how come you accrued £1000 of debt in just 10 months?
You should always check your bill, especially when estimated, against your meter reading. If you supplied an accurate meter reading at the time, you would not have accrued debt based on poor estimations.

Yes it is most strange that, whatever the location of your meter, failure to read the meter in the last 12 attempts has not resulted in you being notified by letter earlier?
Perhaps ask if a letter has previously been sent, and if so, contact your local Royal Mail office and perhaps the police.
It woudn't be the first time Royal Mail had a rogue employee on their books (they do employ thousands)
http://www.bbc.co.uk/news/uk-england-manchester-19345245
but unless you report the matter, they may never find out.

I'm not sure about Scottish law, but certainly in England & Wales a supplier doesn't need an entry warrant if the meter is located externally

Usually current suppliers will agree a repayment plan over a period up to that which the original debt accrued. This appears oin your case to be about 2 years, so £75 per month should see your current debt paid off in just 14 months

I suggest you talk with your supplier

Gentleman_Oblickta

Thank you for your reply Wywth, the debt accrued over two years! I received no correspondence including bills in the first 10 months then they sent me an estimate for £200. I had a few estimates and paid them in full but they grossly underestimated my usage causing the debt.

During this time I was working away from home and the books were left to my wife who tried to call them but had no account number to quote as there had been no correspondence. It was a new supply from the grid during a project and they had no record of it. There has been a catalogue of errors in administration from the start but SP insist it's all my fault. They didn't know the account existed and tried to cover up their incompetence. I have a complaint ongoing about the matter

I'm not disputing the amount owed and happy to pay my debt but I just wanted to know about the court procedure to prevent them piling charges on me.

Gentleman_Oblickta

jalexa wrote: »

I suggest you obtain urgent legal advice (or a least Citizen's Advice) about the legal situation, in particular the effect of the Scottish Power "warrant signing" assertion. There may even be advice available on that point at the Sheriff Court. Incidently are you *certain* the "two guys" were from the Sheriff Court?

Firstly yes about the guys as I checked their ID's. I have been to a CAB meeting this morning and they couldn't help with the court procedure bit so I thought someone on here might know. I find it very strange they seem to be putting me off from attending court.

Scottish_Power

Gentleman Oblickta

I can confirm that if you agree a payment plan before we get to warrant signing, then we won't apply additional charges to your account. Once the payment plan is agreed, all pursuit of the debt via external agents is stopped. I hope this helps but if you need specific help setting up payment arrangement please e-mail me at [EMAIL="onlinecomplaints@scottishpower.com"]onlinecomplaints@scottishpower.com[/EMAIL] Thanks David

Gentleman_Oblickta

scottishpower_company_representative wrote: »

Gentleman Oblickta

I can confirm that if you agree a payment plan before we get to warrant signing, then we won't apply additional charges to your account. Once the payment plan is agreed, all pursuit of the debt via external agents is stopped. I hope this helps but if you need specific help setting up payment arrangement please e-mail me at [EMAIL="onlinecomplaints@scottishpower.com"]onlinecomplaints@scottishpower.com[/EMAIL] Thanks David

Thank you for your input but I need assurance because in my experience what utility companies say and what they actually do often differ considerably, I have the scars to prove it:)

Gentleman_Oblickta

scottishpower_company_representative wrote: »

Gentleman Oblickta

I can confirm that if you agree a payment plan before we get to warrant signing, then we won't apply additional charges to your account. Once the payment plan is agreed, all pursuit of the debt via external agents is stopped. I hope this helps but if you need specific help setting up payment arrangement please e-mail me at [EMAIL="onlinecomplaints@scottishpower.com"]onlinecomplaints@scottishpower.com[/EMAIL] Thanks David

I notice you are located in Scotland. Can you please confirm that in Scotland your customers do not attend the court for "warrant signing?"

Inspectorman

Gentleman_Oblickta wrote: »

I received no correspondence including bills in the first 10 months then they sent me an estimate for £200. I had a few estimates and paid them in full but they grossly underestimated my usage causing the debt.

Why didn't you correct the estimated bills?? The onus is on both parties to provide / obtain meter readings

Gentleman_Oblickta

Inspectorman wrote: »

Why didn't you correct the estimated bills?? The onus is on both parties to provide / obtain meter readings

You are correct and I take 50% of the blame if SP will take the other 50%.

Now back on topic, can you tell me if I have the right to attend a right of entry warrant hearing in Scotland as it seems the SP staff are dodging the question?

Inspectorman

I can't speak for Scotland but you can in England.

You would assume so otherwise it would be a pretty unfair process.

Gentleman_Oblickta

Inspectorman wrote: »

I can't speak for Scotland but you can in England.

You would assume so otherwise it would be a pretty unfair process.

Scottish Power have informed me:

"In Scotland you do not attend the court for the warrant signing"

That is word for word in a recent letter and in context as a stand alone sentence.