Illegal Warrant of Entry by First Utility. Help

giatay

First Utility, through their debt recovery agent Fidelite, recently turned up at my doorstep to request payment (£2250) or install PPM. Advised them I had already set-up a payment arrangement with FU. They said we hadn't. They contacted FU on my doorstep with 2 engineers hanging about, as did I, and FU advised the agent to leave the property immediately as the W of E was wrong. The original arrears (£2250) had in fact been incorrectly billed using estimated readings and the correct amount was around £890. A huge difference of £1260 ! I set up a monthly DD payment arrangement that FU agreed to and that was the end of it as far as I was concerned. The stress, embarrassment and prolonged arguments with my partner continued for a few weeks. I now feel I can start to make a complaint, but I feel that we have been harshly treated and I would like to know how things stand with the false request at the Magistrate's Court for a W of E. Legally, this action seems wrong to me especially as I had already agreed a payment arrangement with FU and also that the outstanding balance was based on an estimated reading! Any advice or 'steering in the right direction' would be greatly appreciated. Thank you.

MeterMan

Well, for one, its not a false request for a warrant of entry.

They went in after surmising that you owe them money, as for the estimated reading amounting to £890, this is a !!!! ton of energy usage and therefor, the supplier will have made appropriate steps to read the meter, either by house visits, email requests, things like that.

One prerequisite in gaining a warrant of entry, is that the company have made all reasonable steps to fit a prepay meter without the need for a warrant, this is a minimum of three house visits.

You sound like someone out to get some money for nothing.

System

F.U. are not all to blame for this mess up. Allowing estimates to build up to arrears of £890 is your responsibility ..A debt as high as that can be reclaimed by a prepayment meter usually fitted, as Meterman says, by the normal fitting of a prepayment meter without a warrant. Once onto prepayment meters occupiers are locked into high tariffs, something to be avoided at all costs.
Personally I would drop any complaints against the supplier. I do not think you would win in any small claims courts.Any other industry getting in arrears of £900, they would have been taking action to recover .Put it down to experience and keep an eye on the readings, or get a smart meter fitted .

welshmoneylover

giatay wrote: »

First Utility, through their debt recovery agent Fidelite, recently turned up at my doorstep to request payment (£2250) or install PPM. Advised them I had already set-up a payment arrangement with FU. They said we hadn't. They contacted FU on my doorstep with 2 engineers hanging about, as did I, and FU advised the agent to leave the property immediately as the W of E was wrong. The original arrears (£2250) had in fact been incorrectly billed using estimated readings and the correct amount was around £890. A huge difference of £1260 ! I set up a monthly DD payment arrangement that FU agreed to and that was the end of it as far as I was concerned. The stress, embarrassment and prolonged arguments with my partner continued for a few weeks. I now feel I can start to make a complaint, but I feel that we have been harshly treated and I would like to know how things stand with the false request at the Magistrate's Court for a W of E. Legally, this action seems wrong to me especially as I had already agreed a payment arrangement with FU and also that the outstanding balance was based on an estimated reading! Any advice or 'steering in the right direction' would be greatly appreciated. Thank you.

Agreed DD or not, sounds like you hadn't paid your bills for over a year so FU are within their rights to gain a warrant.

In future, pay your bills on time, submit regular meter reads and stop whining.

matelodave

I do find it hard to have much sympathy when you can check your meter and check whether the bills are correct. There's really no excuse for racking up an arrears of nearly £900.

I've been with FU and they request monthly meter readings. They only estimate readings when you cannot be bothered to send them in.

Five minutes effort once a month would have saved you all the aggro and the potential black mark on your credit reports - you should check whether you credit rating has been compromised.

Marktheshark

They have to lie under oath to get an entry warrant.
They should only be used where they are safety concerns and not for commercial debt.

spiro

Marktheshark wrote: »

They should only be used where they are safety concerns and not for commercial debt.

If that was the case everyones bills would go up considerably to cover the uncollected debt of those who won't pay unless they have a ppm.

matelodave

Marktheshark wrote: »

They have to lie under oath to get an entry warrant.
They should only be used where they are safety concerns and not for commercial debt.

You've got to put a fair amount of effort into racking up an arrears of nigh on £1000 - how do you persuade someone who won't payor can't be bothered to check their bills or meter reading.

For some people the only option is to put them on a PPM otherwise the rest of us will be subbing them for even more than we already do.

unforeseen

Marktheshark wrote: »

They have to lie under oath to get an entry warrant.
They should only be used where they are safety concerns and not for commercial debt.

Based on Rights of Entry (Gas and Electricity Boards) Act 1954 there is nothing they have to lie about.

Access to fit a PPM due to large arrears falls quite easily into the reasons for requesting a warrant

Are you confusing this with a Warrant issued under the EPA for safety reasons?

System

Suppliers will maintain that the meter has not been accessed for inspections and so there will be a health and safety element involved as well as debts.We do not know the history of this property regarding refusals to read the meters by F.U. agents .Certainly no one seems to have entered for probably over two years to check the meters.

[Deleted User]

@giatay
If you want advice without attitude (or "people's opinions" if I was being nice) then I would suggest a visit to your local Citizens Advice Bureau.They will not judge but will offer good advice.