Warrant of execution to fit electricity meter

[song_mcbun]

Hey guys, I wonder if someone can help. Last time I was here, Ploddertom and wonkydonkey were brilliant when it came to reigning in the HMRC bully boys that attempted to steal £k's from me.

 

I have posted this over at MSE. Although I am receiving helpful responses, there is a lack of definitive answers.

 

I fell into arrears last year with electricity provider - Npower. We came to an agreement on a repayment plan but unfortunately as I am self-employed I defaulted on payments again. Npower then refused to budge. They wanted to fit a pre-payment meter. My son's use of the internet for study (examination period) made me reluctant to agree.

 

Anyway, I was notified of Npower's - thru Utility Management Services - intention to make an application for warrant of execution. This would enable them to fit the meter. The court date was set for 20th May in a location 250 miles from my home. With work at a premium right now, and funds scarce I could not afford a 500 mile round trip on a weekday.

 

The following day three cowboy's arrived, informing me a warrant had been granted and they wanted to execute it. They showed me a piece of paper - supposedly proving said warrant - but could not give me a copy.

There was little I could do because although I could deny them access to the house, the acutal meter is on the outside of the premises. So I was forced to relent and let them fit it.

 

Having done some research there are a few anomalies which I would like to address:

i) I read on the CAB that you must be given notice that the warrant was issued and then given 7 days to make payment. I was given 1 day and not informed that the warrant was granted. Npower say that it says on their letter - notifying me that they will make an application for warrant - that they will call immediately at my property. This is true, but does it exempt them from the 7 days notice and notification of successful application?

 

ii) The amount outstanding has increased by almost £900 since yesterday. When I phoned Npower, I was told that:

£150 court fees

£50 engineer fees

£600 'other charges'.

Is this all legitimate?

 

iii) The debt collector couldn't provide me with a warrant and when I requested the warrant number from Npower they replied, 'You'll have to contact the court'. Is this standard practice?

[citizenB]

You are entitled to a full and proper breakdown of their charges..

 

What exactly are £600.00 "other charges".

 

All administrative charges are to be fair and proportionate.

 

I would also think that as they have brought this action - then they are obliged to provide you with the details.

 

However, contact the court and ask for copies of the documents that NPower have apparently said they have in order to allow them to do this.

 

You may well end up having to send a Subject Access Request to them which will cost you £10.00.

[song_mcbun]

Thanks, citizen. Is £150 court fees fair and proportionate, what about £50 engineer fees?

Do you have any opinion on there failure to notify me of warrant being granted, or the fact that I wasn't given the full 7 day period from the court date to make payment? Is the 7 day period a legal obligation, or an optional one which can be omitted if the creditor forewarns that 'they will arrive the day after the warrant is granted'?

[citizenB]

TBH, I really don't know the answers to your questions.

 

If the CAB say that you should have been given 7 days to pay, then I would imagine they are correct. They must deal with queries such as this quite regularly.

 

You would be able to find out the court fees by looking on the court.gov.uk website. I would say that they probably look right. They would have need to make an application, and I am sure the actual warrant itself would have a fee required as well.

 

Engineers fees - I guess this could be accurate as well.

 

It is the "other charges" that bother me and that you should be requesting a breakdown of.

[nottslad]

Hi Song

 

A Warrant of Entry is applied for under the Rights of Entry (Gas and Electricity Boards Act) 1954. the court fees are around the £150-£200 mark, so this is correct.

 

I'm not aware of any regulation which means 7 days must be given to allow for payment. My understanding of the Act is that 14 days notice should be given prior to the application for the Warrant. After the Warrant is granted, the company has 28 days to execute.

 

As Citizen says, the worrying thing here is the £600 'other charges'

[45002]

Hey guys, I wonder if someone can help. Last time I was here, Ploddertom and wonkydonkey were brilliant when it came to reigning in the HMRC bully boys that attempted to steal £k's from me.

 

I have posted this over at MSE. Although I am receiving helpful responses, there is a lack of definitive answers.

 

I fell into arrears last year with electricity provider - Npower. We came to an agreement on a repayment plan but unfortunately as I am self-employed I defaulted on payments again. Npower then refused to budge. They wanted to fit a pre-payment meter. My son's use of the internet for study (examination period) made me reluctant to agree.

 

Anyway, I was notified of Npower's - thru Utility Management Services - intention to make an application for warrant of execution. This would enable them to fit the meter. The court date was set for 20th May in a location 250 miles from my home. With work at a premium right now, and funds scarce I could not afford a 500 mile round trip on a weekday.

 

The following day three cowboy's arrived, informing me a warrant had been granted and they wanted to execute it. They showed me a piece of paper - supposedly proving said warrant - but could not give me a copy.

There was little I could do because although I could deny them access to the house, the acutal meter is on the outside of the premises. So I was forced to relent and let them fit it.

 

Having done some research there are a few anomalies which I would like to address:

i) I read on the CAB that you must be given notice that the warrant was issued and then given 7 days to make payment. I was given 1 day and not informed that the warrant was granted. Npower say that it says on their letter - notifying me that they will make an application for warrant - that they will call immediately at my property. This is true, but does it exempt them from the 7 days notice and notification of successful application?

 

ii) The amount outstanding has increased by almost £900 since yesterday. When I phoned Npower, I was told that:

£150 court fees

£50 engineer fees

£600 'other charges'.

Is this all legitimate?

 

iii) The debt collector couldn't provide me with a warrant and when I requested the warrant number from Npower they replied, 'You'll have to contact the court'. Is this standard practice?

 

 

http://forums.moneysavingexpert.com/showthread.php?t=4612541

 

They told me unless I co-operated they would ring the police and force entry. I gave them access and 3 hours later the meter was fitted

Perhaps they are charging you for the 3 hours they where there or you kept them waiting ? Edited May 24, 2013 by 45002

[Mrsshe]

Hi fellow sufferer,

 

Can you please let us know what happened next. Did you get anywhere and how?

 

I have been treated similarly, so I am keen to know about your case. thanks