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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I refused to allow a smart meter unless it was set on dumb

Resolved Question:

I refused to allow a smart meter unless it was set on dumb mode My electric company removed my electric meter during trading hours and refuse to put it back...
They said they no longer want to supply me and I should go elsewhere...
I do not owe them money and the flat above premises is now without power and we are literally in the Dark!!!
Is this legal?
Where do I stand?
Regards
Gerry
Ps
They had a court order to change the meter, that was what they led the landlord to believe,
He asked them to do it when pub is closed early morning as it was full of customers and to change meter would have left pub unable to trade due to no power,
They called police and removed meter,
They never sent a notice of disconnection as we don't owe anything all bills paid
The rest is as above
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can force them to tell you why they have done this?
Or force them to supply again?
Customer: replied 2 years ago.
I can and have sorted power as I had to.
I want to know have they acted legally and what can be done as regards ***** ***** they have behaved?
Expert:  Jo C. replied 2 years ago.
Not unless they are in breach of your contract in some way.
Ultimately nobody can be forced to contract with anybody. They are entitled to bring your contract to an end if they choose as are you if you choose.
If they brought it to an end otherwise than in accordance with your contract then that would be a breach but then the next question would be what loss have you suffered as a result.
I suppose you could submit a freedom of information request for any information they hold upon you. They are not actually bound by it as they are not a public body but often private companies will comply neverthless. That might acquire information.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So your basically saying electric companies can do as they please ?
As far as they are concerned they have left a business and home with no power..
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Jo C. replied 2 years ago.
No, I am saying that nobody ever can be forced to contract with another.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Jo C. replied 2 years ago.
Opting out.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what else you would like to know?
Alex
Customer: replied 2 years ago.
I Want to know what I can do in regards ***** ***** they have done?
When smartmeter issue first came up last November I tol them I did not want a smartmeter and if they pushed the issue I would go to another supplier, they said I could not as I was in a contract until june 2015,
So how can they do what they have done?
Expert:  Ash replied 2 years ago.
For now please let me know whether it was a term of your contract to have a smart meter?
Please note that I may not reply until morning given the time.
Alex
Customer: replied 2 years ago.
Smartmeter wasn't in existence when we first allowed dual energy to supply us with energy and it's been a rolling annual contract since then, and have not signed a contract with them that I can recall
Thank you
Regards
Gerry
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Ash replied 2 years ago.
Sorry for the late reply but if you relist it drops off my screen and I can't see that you have replied.
If it was not a term of the contract then you are not bound.
It is not legal that you are in the dark without power.
You need to apply to court for an emergency Injunction. You need to complete forms N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
You are asking the court for an order that they supply against il you swap supplier and release you from the contract
You can get a hearing today and the court will decide whether to make an emergency injunxtion. If the court does then they must switch power back on. If they do not then they are in contempt of court and can be warned, fined or sent to prison.
The matter will then be listed for a full hearing where the court will decide whether you should be released and you can air the issues at this stage.
Can I claeify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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