Right of entry warrant info required

Gentleman_Oblickta

I'll phone the court tomorrow morning, thank you to those who have helped me

Gentleman_Oblickta

jalexa wrote: »

The SP rep said this here..."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." so you simply need to be able to demonstrate that a payment plan has been agreed.

And I'm still of the opinion that you *may* be entitled to "backbilling relief".

ah right, thanks again. I was looking for something deeper:)

I don't know what backbilling relief is but I will find out. I have a letter drafted that I will post off tomorrow after I ring the court.

Just for the record, I haven't posted anything in this thread that i can't back up with hard copy evidence. Back tomorrow:)

Thanks again

undaunted

Back billing means that if the supplier has made errors in billing they may be limited to the extent they can go to in the correcting of them - eg only back one year. Have a look at

http://cfe.custhelp.com/app/answers/detail/a_id/5406/~/back-billing-rules

Try looking through CAB site here or contact them for help but I'm not aware that a warrant can be obtained without you being given the opportunity to defend it in Scotland

I don't quite understand why there should be any problem setting up a payment arrangement if you've already been paying more but why not take up the sp reps offer of help with this?

Print and retain the above pledge that there will be no further charges if you are still concerned. It would give you grounds for dispute later if they were to renege upon what he / she has said.

http://www.adviceguide.org.uk/scotland/debt_s/debt_action_the_creditor_can_take_s/sheriff_officers_scotland.htm

Scottish_Power

Gentleman Oblickta Sorry for the delay getting back to you I have asked for clarification with regards to the customer attending a Scottish warrant signing. Of course the point will be a moot one if we sort out your account with a payment arrangement. Also if you e-mail me at [EMAIL="onlinecomplaints@scottishpower.com"]onlinecomplaints@scottishpower.com[/EMAIL] This is covered by a small number of people and would be attended to more quickly than through our normal correspondence channels. Thanks David

Gentleman_Oblickta

scottishpower_company_representative wrote: »

Gentleman Oblickta Sorry for the delay getting back to you I have asked for clarification with regards to the customer attending a Scottish warrant signing. Of course the point will be a moot one if we sort out your account with a payment arrangement. Also if you e-mail me at [EMAIL="onlinecomplaints@scottishpower.com"]onlinecomplaints@scottishpower.com[/EMAIL] This is covered by a small number of people and would be attended to more quickly than through our normal correspondence channels. Thanks David

As I have already stated more than once, I have accepted a payment plan and that is not the issue here.

My question was about the court procedure regarding a right of entry warrant. I phoned the court this morning and was given the information instantly.

The procedure is exactly the same in all parts of the UK

A letter is served which they call a "Human Rights Letter"

If you want to attend the court hearing you must notify them within 14 days

If you do not reply in 14 days then it progresses to warrant signing in your absence........simples:)

I'm not sure why you couldn't tell me yesterday or today as this should be as simple as abc to a company rep

The court officer agreed that I have been misinformed by Scottish Power because I had notified them within the 14 day period that I wanted to attend.

Thank you again for your offers of help David but this is not a new case and has been ongoing for months with many letters exchanged. I have never understood why SP have been so reluctant to accept any responsibility until I read up on the back billing rule today, then it all became crystal clear. Can you hazard a guess?:D

I wont say any more as the matter is ongoing but I will post the outcome.

Special thanks to jalexa, you'll never know how much you helped

chanz4

Wywth wrote: »

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

incorrect about the warrant, as a drive is private property they do require a warrant even if outside. If a home owner asked them to leave without it they would have no choice but to.

The warrant application is for access to their meter equipment, and not to dispute debts

Wywth

chanz4 wrote: »

incorrect about the warrant, as a drive is private property they do require a warrant even if outside. If a home owner asked them to leave without it they would have no choice but to.

The warrant application is for access to their meter equipment, and not to dispute debts

I took my advice from the E.on rep who says he took advice from his employer's legal team before responding

http://forums.moneysavingexpert.com/showpost.php?p=57398009&postcount=4

Whilst that thread is about a gas meter, I don't think it makes any difference if it is an electricity one

undaunted

Gentleman_Oblickta wrote: »

As I have already stated more than once, I have accepted a payment plan and that is not the issue here.

It reads to me as if for whatever reason it hasn't actually been set up. Take up Davids offer of assistance, let him do so & your problem(s) should go away with everyone seemingly happy & getting exactly what they asked for

undaunted

Wywth wrote: »

I took my advice from the E.on rep who says he took advice from his employer's legal team before responding

http://forums.moneysavingexpert.com/showpost.php?p=57398009&postcount=4

Whilst that thread is about a gas meter, I don't think it makes any difference if it is an electricity one

A warrant gives court permission to enter the property - with or without the owners consent. Technically both are probably true. If they turn up, there's no one in they enter the drive change the meter etc no one is going to say they had done anything wrong. However, if the owner is in & tells them to get off their property / drive way I think as chanz4 says they'd have to do so - or accept that no one would say the land owner had done anything wrong if they refused & he then used to reasonable force to eject them.

chanz4

Wywth wrote: »

I took my advice from the E.on rep who says he took advice from his employer's legal team before responding

http://forums.moneysavingexpert.com/showpost.php?p=57398009&postcount=4

Whilst that thread is about a gas meter, I don't think it makes any difference if it is an electricity one

I can ensure that they are not correct, I execute these on a daily basis.