Agreed to meter from scottish power -then western power distribution threaten court action to access

anna42hmr

Had a bit of a shock when i got a letter in the post yesterday, from Western Power distribution stating if i do not contact them in 5 days they may "apply for a warrant from the magistrates court to enter my property" i had no idea that they could even have the powers to do that - thankfully it is all as a result of some admin screw up but had no idea that the electric companies even would be able to do this!

After receiving a number of requests (texts, email and online messaging) from scottish power saying there are now meter fitters in the area and need to fit a smart meter at home, i agreed last month for a smart meter fitting.   However on arriving at my home ( a flat) the company Scottish Power had sent out (Providor) were unable to fit the smart meter.  

The engineer did not even need to enter my flat at that point as what they advised me stopped them fitting it was in the communal cupboard (something to do with the out of date old style metal board used to fit the  all the meters onto, that they are not allowed to access or attach the new meters to.  

They explained that they would submit a report confirming why to Scottish Power, and that whilst SP may send the report to Western Power Distribution about the communal meter cupboard, they often do not bother due to the amount of work needed to update the back of the cupboard and the fact that all of the flats meters would need to be removed and re-attached) so said more likely than not i would just have it marked that property is not suitable for a smart meter at this time - which is fine by me as I'm not bothered one way or another.

Jump forward to this week, i have been away from home for a few weeks due to a family situation, I return home to 2 letters from western power  distribution.  The first is only dated 21 June, asking me to call as they need to inspect the electrics at flat,  Which was fine, I noted that and put to the side to call to explain the situation when i have chance.  However i then notice there is a second letter from WPD, so open that one.  Second letter is only dated 4 days later, 25 June which basically states to call within 5 working days otherwise they explain that they may "apply for a warrant from the magistrates court to enter your property.  You will have to cover the costs of this".

When i called to discuss the matter yesterday PM the person i spoke to just said its standard practice as many don't bother contacting them, but seems excessive to start threatening access and court just 4 days after letter one, also was very surprised that they have the rights to even apply for this!

Just hoping that now after having to spend ages trying to speak to them yesterday that they have taken note of they do not even need to access my flat to do the work and do not make good on the threat of getting court action and getting access to my private home!

[Deleted User]

Very heavy handed in your situation but meter operators have a statutory right to enter a property for the purposes of inspecting and replacing a meter. This right is enshrined in legislation going back to 1954. That said, they have to apply to a Court for a Warrant allowing them to exercise their powers of entry. This can include, for example, making a forced entry.

tacpot12

Many companies include in their first letter of contact what the eventual worst case action they may take is. This is to spur people into action as so many people don't prioritise dealing with requests from others.  

Carrot007

Warrant would be to change outdated meter not to fit smart meter. If required your supplier should have changed the meter. (would be the same meter but not smart enabled).

And yes you are required to be in as they will not switch power off/on when they change a meter (at least they should not).

[Deleted User]

anna42hmr said:

Had a bit of a shock when i got a letter in the post yesterday, from Western Power distribution stating if i do not contact them in 5 days they may "apply for a warrant from the magistrates court to enter my property" i had no idea that they could even have the powers to do that -

Hi,

of course they can 'force entry', with a warrant, either for not allowing access to read meter or for non payment of bill.

anna42hmr

Carrot007 said:

Warrant would be to change outdated meter not to fit smart meter. If required your supplier should have changed the meter. (would be the same meter but not smart enabled).

And yes you are required to be in as they will not switch power off/on when they change a meter (at least they should not).

It’s not my meter that is the issue but rather the communal meter cupboard that is the issue, all the metres are fitted to a metal based surface that apparently Providor / Scottish power cannot fix meters to now. so it’s that that is causing the issue, not my specific existing meter (which indeed is not that old comparatively as looking at the card attached to it was last changed in 2010). 

So it’s the fitment of the whole cupboard they need to deal with apparently (which has 12 flats meters attached to) so threatening to force entry to my specific flat is pointless and threatening - considering that cupboard is in a hallway and not my flat and I cannot switch off everyone else’s electrics from my flat either.

anna42hmr

[Deleted User] said:

Very heavy handed in your situation but meter operators have a statutory right to enter a property for the purposes of inspecting and replacing a meter. This right is enshrined in legislation going back to 1954. That said, they have to apply to a Court for a Warrant allowing them to exercise their powers of entry. This can include, for example, making a forced entry.

Thanks had no idea about that I suppose it could be argued for safety but insane to threaten that with days of the first letter.

anna42hmr

tacpot12 said:

Many companies include in their first letter of contact what the eventual worst case action they may take is. This is to spur people into action as so many people don't prioritise dealing with requests from others.  

Thanks, I guess can see why but seems very extreme so soon

Oneye12

"...but seems very extreme so soon"

Exactly - I suggest you respond by filing a complaint based on offensive behaviour, pointing out they are a utility company and your are a customer of theirs:

"We are committed to providing you with excellent customer service, first time, every time"
https://www.westernpower.co.uk/contact-us/contacting-western-power/complaints/how-to-make-a-complaint

Point out their written committment and copy in Philip Swift:

Mr Philip Swift
pswift@westernpower.co.uk

asking him to confirm this extreme and offensive behaviour will not happen again under these circumstances.

[Deleted User]

Carrot007 said:

Warrant would be to change outdated meter not to fit smart meter. If required your supplier should have changed the meter. (would be the same meter but not smart enabled).

BEIS agreed in Jun 20 that suppliers can now fit a smart meter when a meter is deemed to be at its end of life. Personally,  I doubt that any Warrant would include any detail on what type of meter has to be fitted. It is usually an authority to allow suppliers to exercise their Statutory Right of Entry.

Oneye12

Many years ago I had British Gas obtain a warrant of entry, mindful we had just embarrassed them in court over a disputed gas fire installation.

They couldn't get in because a garage door lock was broken and disconnected {we had no reason to repair it}.

There was no point in gaining entry to the house as my wife would have just let them in !

They just wanted entry by force / without our permission because they can...

Vindictiveness - don't know what that means...