Badly needing advice on the legality of things and what to do

joseph99

Last year I lost my job. I had a major manic psychosis episode. I've had several since. I'm diagnosed bipolar level 1. Very severe. Clinical psychiatry are actually about to diagnose me schizoaffective bipolar. I have a general anxiety disorder. I am on the verge (already confirmed bar the diagnosis) of Addison's disease. I'm pre diabetic as a consequence. I'm also being investigated for HFA (high function autism). I've had my 3rd major bipolar relapse in 18 years that can't be hidden. I've been sectioned twice under the mental health act over the past 2 months alone. I've been in and out of hospital and been through so many lab rat experiments over the past year and a half, I've barely been home

This has been ongoing for months. I've been going through a nightmare trying to actually get in payment for benefits (am just about to get my first payment of anything in almost a year). This is due to the dwp throwing out my claim to esa and refusing to finish it whenever I end up hospitalised, which has been often over the past year and a half.

But that isn't my main problem. I've obviously struggled (went cap in hand) to try and stave off my bills over the past year. I slipped aprox 200 behind with my gas and electricity despite this, as per confirmed 10 minutes ago by one of ecotricities own advisers. That's all it actually is.

Well despite bipolar crisis workers, support workers etc helping to try and arrange a payment option, they still got a court order. Why for £200? Because they based it on estimates, not actual usage, brining it over £400.

Well today, they just walked into my house (my door was unlocked). They didn't chap. They didn't ring my door bell. They scared the living hell out me. It's triggered a mixed (manic and depressed episode) in me. They said that based on their estimates, they had enough to get a court order to replace my meters without consent and that they had the right to just walk in my house like they did.

Now they're saying that, with the price of fitting both meters combined, that I now owe them aprox £1000. They have set my meter to take £10 off every £20 I put in on each meter plus standing charge. I've only just managed to get a claim in after all this time for esa. I've been without payment of any type for almost a year because every time I ended up in hospital, it either ran me late with forms or I missed appointments. I got sanctioned for 6 months for being sectioned under the mental health act because I missed an appointment.

I have been on the phone trying to explain this. My bipolar crisis workers and pdoc have also tried to help talk to them but now ecotricity are demanding written proof of my diagnosis etc.

Truth is, i'm on the evaluation period of esa. I'm not getting anywhere near the kind of money to keep up with what they have set it to. I can't just go out and work as I've been sectioned so many times and am under lockdown and considered high risk and am banned from working for the foreseeable future so I can't just go back and ask for my job back.


Are ecotricity
A) allowed to walk straight into your front door without chapping or ringing a bell?
Do they have the right to demand my private medical information from clinical psychiatry and doctors as proof of what's going on (yes demand, not ask for consent)
C) Do they have the right to replace meters like they just did over the head of, what their advisor on the phone eventually agreed was only a £200 debt

Where do I stand because what they have set this to is eating almost all the money i'm getting. I'm going to have little left to feed myself.

Where do I stand with this. Honestly these people are saying they have no intention of reducing this and making it more manageable unless I give them access to my private medical information. Is that even legal?


Can anyone who knows the legality of this, please help me understand whats right and wrong because people are hitting me with conflicting information and I really don't know whats what anymore

JJ_Egan

I suggest you visit your local Citizens Advice office as soon as possible .

joseph99

My nearest citizen advice office is aprox 40 miles away and i'm still not in payment until tomorrow and theres no way in hell i'm going to have the money from that to travel there. I just had the same discussion with my ex wife 5 minutes ago. I'd actually have to criminalise myself and skip a train to make it to them. Because almost all of what i'm getting atm is going to have to go in these meters or accept days of no electricity or gas or days without a meal

Cardew

Firstly were you given the option to have pre-payment meters fitted voluntarily?

Secondly were you notified they had applied for a court order, and thus given a chance to give evidence explaining your circumstances?

An uncontested application for a court order is common and it seems to be a formality to grant permission to change meters. If you were out they can call a locksmith and change locks - at your expense.

joseph99

No. They basicly walked in my front door and forced them on me.

No. I had no idea they had a court order until they walked in my front door.

But i'm always under the impression they can't force pre-pay meters unless your debt is over £400. Based on their estimates it was but their own advisor just a half hour ago now told me on the phone that based on the real readings, I only owed them £200

joseph99

Sorry for the double post. Edit wont work for me. Not having a good day.
I think i'm confusing the amounts with the £500 max to stop you transferring but I did find this one piece of information on the citizens advice website.
I should have been notified of court action. I should have been able to refuse the meters based on the grounds of physical and mental health problems. I've also just checked the legality of them just turning your handle and walking in without even chapping a door or ringing the door bell and that's def not legal. Their only allowed to force entry if they didn't gain entry and they def didn't chap my door or ring my bell. I was in, I would have answered. And now, thanks to the shock of them just opening my unlocked door like that and just walking in to my house without warning, i'm having to phone the bipolar crisis team because i'm now shooting up like a rocket in a manic episode

Raxiel

If visiting the CAB isn't an option, have you considered reaching out to a mental heath charity such as Mind? You're not the first person to get into difficulty due to illness, and even if they can't advise on dealing with energy suppliers themselves they might be able to point you to someone who can.

Cardew

Cardew wrote: »

Firstly were you given the option to have pre-payment meters fitted voluntarily?

Secondly were you notified they had applied for a court order, and thus given a chance to give evidence explaining your circumstances?

An uncontested application for a court order is common and it seems to be a formality to grant permission to change meters. If you were out they can call a locksmith and change locks - at your expense.

No. They basicly walked in my front door and forced them on me.

No. I had no idea they had a court order until they walked in my front door.

If you are sure - absolutely sure - that you were not told of their application to court to change meters, the Citizens Advice team might be able to put you in touch with a 'no win - no fee' lawyer who will take up your case.

joseph99

Raxiel wrote: »

If visiting the CAB isn't an option, have you considered reaching out to a mental heath charity such as Mind? You're not the first person to get into difficulty due to illness, and even if they can't advise on dealing with energy suppliers themselves they might be able to point you to someone who can.

They already did. A local energy rights group attached to the local housing authority called citrus who are, atm, pretty much forcing them to reduce me to the lowest tariff and recovery option available and have threatened to bring in police over breaking and entry charges. They contacted police for legal advice etc who agree it def constitutes just that. Those people didn't attempt to get an answer from the door first and as such, broke the procedures and laws regarding this by forcing entry without even attempting to see if anyone would answer the door first. They are only allowed to do that after they have exhausted every other available option. The citrus people are also ready to bring their own solicitors in on my behalf unless they drop the fee for fitting these meters ( 2x £300) seeing as they weren't fitted under legal, legitimate circumstances.

Additionally this was brought up with ecotricity themselves, yet again. We got to speak to management this time who agree it's totally against company policy and training. They couldn't apologise enough. By the sounds of things, some of these people who did this wont be in a job for much longer.

@Cardew: Yes I am absolutely sure. Just 2 reminders that my account was behind and asking me to make payment arrangements that were already being negotiated by members of the crisis team. Absolutely no mention of any intention of court action, and, lets be honest and realistic about this. The man behind all this did this thinking I would just roll over and accept it and say "aw well, they must be right", which they most certainly weren't.

C_Mababejive

As far as i am aware, before an energy supplier moves to obtain a warrant to enter and disconnect and/or fit prepayment meters, there is months of preamble, letters and sometimes visits to interact with the customer.

Did that happen?
https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-supply/if-youve-been-told-your-energy-supply-will-be-disconnected/

joseph99

C_Mababejive wrote: »

As far as i am aware, before an energy supplier moves to obtain a warrant to enter and disconnect and/or fit prepayment meters, there is months of preamble, letters and sometimes visits to interact with the customer.

Did that happen?
https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-supply/if-youve-been-told-your-energy-supply-will-be-disconnected/

Not anywhere near what's described in that list. Almost everything in that was skipped/ignored/bypassed. They jumped to the end goal very fast, hence the reason my total amount due is small in comparison to most every other common case.

I received 3 letters warning me payments had been missed, asking me to contact to make payment arrangements but no threats of disconnection made or offer of pre-pay meters. I did exactly what they asked.

I had lost my job and had spend a number of months due to section under the mental health act and due to utter confusion/shame/intimidation/fear/paranoia of the system, without any form of income (zero income). They are aware that almost every penny I produced through selling my belongings went to them in scattered payments.
I had contacted them via crisis team workers who explained all this. Told them I was getting help to setup a proper esa claim and intended to arrange a repayment plan as soon as I started receiving benefits. Ecotricity accepted this at that time.

That was the only involvement ever. No one was at my door as far as I'm aware to discuss this with me. I never received a letter saying I was going to be disconnected or offering pre-pay meters installed. I would have acted on them if I did.

Edit: I was also NEVER told of an intended court hearing. I was refused the chance to defend myself. Also the agent in attendance yday refused to show me any type of warrant or court papers proving they had actually been to court over it.