Urgent help - Abuse of Process

LD

This morning I was awakened by a forced entry by agents of my energy supplier under a warrant gained at the local magistrates court on 24/05/05

On or about 10-05-05 I had a long conversation with the energy company about the dispute, the upshot being that they would not go to court to apply for the warrant (I had stressed that if they wished to go ahead I would attend and contest) and an arrangement was made for them to view the meter the following week (before the court application), which they did and indeed I have yet to have heard further as a result of this inspection.

About the only 'good' thing to come out of this was the warrant officers action with respect to the meter, which was the same as mine and the cause of the problems, the meter fitted is a 'standard mechanical digital readout meter' but with an electronic 'bit' over the connecting wires which gives a dual reading ie. economy 7, however I never agreed to be on a economy 7 tariff as I have no requirement for it and have always, including on connection of supply given the 'main reading' it was never queried (it was asked for several times which in hindsight may have been because of this) and indeed this was the reading that the warrant officer initially gave in my presence to the energy supplier, at some point during this conversation his attitude changed as he was obviously told that, what I had told him had been correct and no one from the electric board would be coming he started apologising profusely.

Now this affair has !!!!-up written all over it, however my major gripe is that I was told and it was agreed that they would not proceed with the application for the warrant, and I had told them that I would attend court should they wish to go ahead and contest the application as being in itself being an abuse of process (application was under old statute for purported non-payment of bill) as the issue was contractual (ie. did I agree to be on a standard or economy 7 tariff) and that I had yet to receive a 'proper bill'

As a result of this agreement I didn't go to court but there agents did! with the consequences of this morning.

Now I don't think there will be an issue with the facts or indeed that compensation is due, my problem is never being in such a situation I don't know a reasonable figure to pursue for this or indeed whether to hand it straight over to solicitors

thanks for reading

fbs_4800

This is one of those cases when I'm sure it can't be right - but I can't tell you why it's wrong.

Have you got your own solicitor? Perhaps tried Citizens advice? I have a Barclays Additions account with a free legal helpline (which is bloody useful) Have you got any access to something like that?

If not, sit tight and wait for the usual brain boxes to guide ya on here - if not, I'll give my helpline a ring - speak to a legal type bloke/lady and see what their guidance would be.

I'd get drafting a letter to the Customer Relations Manager for the said company as well...!

fbs_4800

Oh - by the by, once they forced entry and the guy started apologising - what damage was done? Did they offer to repair it?

Fran

What was "the dispute"?

Did you receive any communication to do with the court case?

trace-j

Entry warrants and going to court takes time and is a last resort when all other avenues have been exhausted. The utility company won't run the risk of being sued unless they can prove they have a case to pursue, i.e. paper trail.

The copy of the warrant you were given will tell you what powers/legislation it has been issued under. If it was issued at the magistrates court then it must be in relation to an offence? To have the power to obtain a warrant, these officers need to be authorised under the appropriate legislation.

That said, even when a warrant has been issued there are ways of going about things. It usally says that minimal damage must be caused to gain entry to the property. To kick the door in without knocking to see if you're in first could be abuse of process and won't look good in court. Best advice is to get a solicitor, a warrant has been executed and the next step will be court.

LD

fbs_4800 wrote:

Oh - by the by, once they forced entry and the guy started apologising - what damage was done? Did they offer to repair it?

No damage caused!! he came with a locksmith, but that in itself is another worry! at the ease of entry (but the mortise wasn't on).

No I don't have access to a legal helpline, which was the reason for posting, like you, I know I've been wronged and have no doubt that compensation will be offered, but don't want to compound that by accepting a low offer which is what I expect their first offer will be, so it would be very useful if you did phone the help line as they have access to a book, forget it's title that is a guide of court awards for everything under the sun and is used to base settlements.

I can get a solicitor, but haven't gone down that road yet since that must be at least £500 more they would have to pay, and I'd rather a quick settlement for X

As may be noticed I do have some legal understanding ie abuse of process v contract the basis on which I would have contested issuance of the warrant and have no doubt at a refusal being the magistrates action.
but I think the main issues are:
The Magistrates Court application which in itself I believe was a abuse of process in any event, notwithstanding it was in error.
and obviously I don't know what was said in court by their agents to obtain the warrant other than it wasn't a true representation of the facts.
The fact that I was told the application wouldn't be sought thus stopping my appearance at the Court. and effectively removing the required notice for an application of this type.
Execution of the warrant -
Add to that the fact that I had kept my side of the agreement arranging for entry before the application was even made, Which I thought was to change the meter by removing the electronic bit and laving it as a 'standard' meter but they just sent a meter reader and as stated I had yet to hear back from them
Finally I have been out on the street since and incident had been seen by neighbours and is a topic of conversation, so there is now the embarrassment factor as well.
I think this covers the torts involved unless anyone else can point out any others.
but have no idea of what a reasonable settlement should be.
Thanks again

LD

Fran wrote:

What was "the dispute"?

Did you receive any communication to do with the court case?

Yes and that was the impetus for the long phone call mentioned on or about 10-05-05

Fran

You're talking about compensation etc., but what exactly was the dispute about? I can't make out how you got to this situation.

LD

trace-j wrote:

Entry warrants and going to court takes time and is a last resort when all other avenues have been exhausted. The utility company won't run the risk of being sued unless they can prove they have a case to pursue, i.e. paper trail.

The copy of the warrant you were given will tell you what powers/legislation it has been issued under. If it was issued at the magistrates court then it must be in relation to an offence? To have the power to obtain a warrant, these officers need to be authorised under the appropriate legislation.

That said, even when a warrant has been issued there are ways of going about things. It usually says that minimal damage must be caused to gain entry to the property. To kick the door in without knocking to see if you're in first could be abuse of process and won't look good in court. Best advice is to get a solicitor, a warrant has been executed and the next step will be court.

you are not given or entitled to a copy of the warrant, despite asking for it and subsequently phoning their agents.

As said this is a C oc k-up on the part of the energy company not telling their agents that an agreement had been reached between us.

the warrant was issued under Rights of Entry Gas and Electricity (Boards) Act 1954 section 54 as amended 1995.

FYI Magistrates courts have powers to issue warrants under numerous statues and some common law ones ie. they are not just criminal courts

LD

Fran wrote:

You're talking about compensation etc., but what exactly was the dispute about? I can't make out how you got to this situation.

The dispute is about non-payment of a purported bill, I say purported because they are attempting to bill me on a economy 7 tariff which I never agreed to be on, I have no need of it, I have several times requested a standard bill and as mentioned have always given the main single reading, but this is a red herring to the compensation issue which is about the obtaining and partial execution of the warrant after stating they wouldn't.

- partial because the warrant was for fitting of a prepayment meter which of course hasn't happened.

hope that's clearer

dag_2

Hmm. I didn't know you could have a one-rate account when you've got a two-rate meter. You'd have thought it was possible - after all, these economy 7 meters have got "T" readings - presumably this is what you mean when you say "main reading" - and should be the rate-1 and rate-2 reading added together.

When you say "main reading" - I hope you don't mean the reading you get when you just look at the meter without pressing the button. Because it will just show you the day reading during the day, and the night reading during the night. You need to press the button to get the reading for the other phase, and the total.

Anyway - whenever I've spoken to suppliers about being on a one-rate tariff, they've said no, it's not possible - unless I agree to change to a one-rate meter, which may be chargeable. So I thought, nuts to it, just go for the tariff with the cheapest day rate.

So - was this two-rate meter already there when you first moved in? Or did they install it later? If it was already there, and you have never signed up to change to a different tariff, then you may be on a "deemed contract".

If this is the case, then your supplier has a right to enforce their deemed economy 7 tariff against you, even though you never agreed to be on this tariff in the first place. The only way to change it would be to agree to a different economy 7 tariff, or to agree to a meter change.

But I could be wrong. Get legal advice, and keep us informed, thanks.