FB POST - (Contract Law, Commercial Liens and Controlling your Strawman)
Question
Hey guys,
So been following the page loosely as we have a 3 month old lid and I haven't been able to do much research of late.
So basically we were with pure planet for gas and electricity, when they 'went bust' we paid up in full to male sure there was no residual issues with the account.
We were then informed by email, that Shell energy were our new supplier and they would be in touch. Since then we have had all smart meters removed and haven't replied to any correspondence ( no contract, no obligation) but have recently been receiving texts and calls saying that Advanced Collection Systems has been allocated for debt recovery on behalf of Shell energy.
Obviously my missus is getting concerned and I don't want her to get stressed as we have enough on at the moment. I would like to end this nonsense, so is my best course of action a DSAR?
We never agreed to a new billing agent, and they have been passed on our details without our permission, so wasn't sure what angle to go with. If anyone has any suggestions please let me know
I am planning to contact Darren and start the whole private Trust process in the near future also.
Answers
Energy suppliers are operating as a credit broker so under the consumer credit act 1974 their has to be a signed credit agreement by both parties section 61 your also protected under section 155 https://www.legislation.gov.uk/ukpga/1974/39/section/61
Credit Brokers Explained
https://www.citizensadvice.org.uk/debt-a...explained/
Ofgem tried to force me with Shell, if you look at the emails you receive your see the support is done by Zendesk a outside company
Same as me, ask shell if they have a contract with you, they will confirm not, job done
I asked for a bank Giro Credit slip off Shell, but they refused so I've sent them a promissary note getting my own meters installed in a few weeks and ending any so called contract.
………………………………………………………………………………………………………………………………………………………………………………………
FB POST - (Contract Law, Commercial Liens and Controlling your Strawman)
Warrant of Entry Post Gas Meter Exchange
So you paid a qualified engineer to change your gas meter and, for whatever reason, you find yourself with enforcement agents (and possibly police) at your door waving around a “warrant of entry” claiming that they have grounds due to the possibility you have an unsafe device fitted.
What are you going to do?
1. Do not answer to or give your name
2. Ask to see the warrant
3. Check the warrant is valid with local court
4. Ask what grounds they have for their claim
Do not let them in. If you find yourself in a situation where you feel you have no choice or they gain access without your permission then please take note of the following information that I found in the gas act legislation.
2)
The Secretary of State may by regulations make provision for empowering any officer authorised by the relevant authority—
(a)
to enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or [F2any part of the gas system on the premises, that is to say,]any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the [F2conveyance or]supply of gas or is connected with a gas main;
(b)
where he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; and
©
where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the [F3gas system on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises].
(3)
Where any regulations under subsection (2) above confer any power in accordance with paragraph © of that subsection, the regulations shall also include provision—
(a)
for securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;
(b)
for enabling any consumer so notified to appeal to the Secretary of State on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; and
©
for enabling the Secretary of State to give such directions as may in accordance with the regulations be determined by him to be appropriate in consequence of any such appeal.
What Does This Mean For You?
It means that should they enter your property and make the decision to remove the meter you had fitted and replace it or cap your supply pending a reconnection process then they must inform you of why they are taking any action. They are limited to safety issues in order to remove a device or interrupt your supply.
If they can present no safety issue then they can not remove your property.
They must also inform you of your right to appeal their decision.
Again, these bullies are entering peoples homes and not following the regulations by which they are bound and WE are allowing them to get away with it.
Please share this information and never forget that knowledge is power.
https://www.legislation.gov.uk/ukpga/1986/44/section/18
Comments -
get a gas safety cert and an electrical safety cert tho they still might disconnect you.
depends on many things….
They can only enter your property for safety reasons and the warrant is for the engineer not the police cos they aren't qualified and would need to prove otherwise. Keep the police outside as it may not be safe in your property ( ? ) just wait there with them let the engineer do his job and get a gas report from him. To be honest there isnt a utility in the whole UK that an engineer couldn't find a fault with from a loose fitting to a ventilation issue
Ronnie Archer this post doesn’t refer to what they are supposed to do, it referred to what has actually been happening to some people in certain situations. The police, enforcement agents and gas engineers have far too much room to abuse any powers of entry they think they have and I can tell you that they do abuse them on a regular basis.
a debt collector or police person cannot inspect it, they would need to send a certified gas engineer, surely?
Question
Hey guys,
So been following the page loosely as we have a 3 month old lid and I haven't been able to do much research of late.
So basically we were with pure planet for gas and electricity, when they 'went bust' we paid up in full to male sure there was no residual issues with the account.
We were then informed by email, that Shell energy were our new supplier and they would be in touch. Since then we have had all smart meters removed and haven't replied to any correspondence ( no contract, no obligation) but have recently been receiving texts and calls saying that Advanced Collection Systems has been allocated for debt recovery on behalf of Shell energy.
Obviously my missus is getting concerned and I don't want her to get stressed as we have enough on at the moment. I would like to end this nonsense, so is my best course of action a DSAR?
We never agreed to a new billing agent, and they have been passed on our details without our permission, so wasn't sure what angle to go with. If anyone has any suggestions please let me know
I am planning to contact Darren and start the whole private Trust process in the near future also.
Answers
Energy suppliers are operating as a credit broker so under the consumer credit act 1974 their has to be a signed credit agreement by both parties section 61 your also protected under section 155 https://www.legislation.gov.uk/ukpga/1974/39/section/61
Credit Brokers Explained
https://www.citizensadvice.org.uk/debt-a...explained/
Ofgem tried to force me with Shell, if you look at the emails you receive your see the support is done by Zendesk a outside company
Same as me, ask shell if they have a contract with you, they will confirm not, job done
I asked for a bank Giro Credit slip off Shell, but they refused so I've sent them a promissary note getting my own meters installed in a few weeks and ending any so called contract.
………………………………………………………………………………………………………………………………………………………………………………………
FB POST - (Contract Law, Commercial Liens and Controlling your Strawman)
Warrant of Entry Post Gas Meter Exchange
So you paid a qualified engineer to change your gas meter and, for whatever reason, you find yourself with enforcement agents (and possibly police) at your door waving around a “warrant of entry” claiming that they have grounds due to the possibility you have an unsafe device fitted.
What are you going to do?
1. Do not answer to or give your name
2. Ask to see the warrant
3. Check the warrant is valid with local court
4. Ask what grounds they have for their claim
Do not let them in. If you find yourself in a situation where you feel you have no choice or they gain access without your permission then please take note of the following information that I found in the gas act legislation.
2)
The Secretary of State may by regulations make provision for empowering any officer authorised by the relevant authority—
(a)
to enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or [F2any part of the gas system on the premises, that is to say,]any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the [F2conveyance or]supply of gas or is connected with a gas main;
(b)
where he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; and
©
where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the [F3gas system on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises].
(3)
Where any regulations under subsection (2) above confer any power in accordance with paragraph © of that subsection, the regulations shall also include provision—
(a)
for securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;
(b)
for enabling any consumer so notified to appeal to the Secretary of State on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; and
©
for enabling the Secretary of State to give such directions as may in accordance with the regulations be determined by him to be appropriate in consequence of any such appeal.
What Does This Mean For You?
It means that should they enter your property and make the decision to remove the meter you had fitted and replace it or cap your supply pending a reconnection process then they must inform you of why they are taking any action. They are limited to safety issues in order to remove a device or interrupt your supply.
If they can present no safety issue then they can not remove your property.
They must also inform you of your right to appeal their decision.
Again, these bullies are entering peoples homes and not following the regulations by which they are bound and WE are allowing them to get away with it.
Please share this information and never forget that knowledge is power.
https://www.legislation.gov.uk/ukpga/1986/44/section/18
Comments -
get a gas safety cert and an electrical safety cert tho they still might disconnect you.
depends on many things….
They can only enter your property for safety reasons and the warrant is for the engineer not the police cos they aren't qualified and would need to prove otherwise. Keep the police outside as it may not be safe in your property ( ? ) just wait there with them let the engineer do his job and get a gas report from him. To be honest there isnt a utility in the whole UK that an engineer couldn't find a fault with from a loose fitting to a ventilation issue
Ronnie Archer this post doesn’t refer to what they are supposed to do, it referred to what has actually been happening to some people in certain situations. The police, enforcement agents and gas engineers have far too much room to abuse any powers of entry they think they have and I can tell you that they do abuse them on a regular basis.
a debt collector or police person cannot inspect it, they would need to send a certified gas engineer, surely?