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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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, just need some advice please i have returned home tonight

Customer Question

Hello, just need some advice please i have returned home tonight to find my front door key left in my lock and walked in my house to find doors open and then greeted by a letter on my kitchen cupboard from a baliff saying they have made entry and changed my electricity meter to a pay as you go on because of a bad debt from the last person living here.
I have returned all letters stating not at this address and i am new to the property.
So basically they left my home unsecure, left my doors open which i keep locked so my dog doesnt damage the house and changed my meter against my will when i am not in debt with them.
I want to phone them tomorrow but need advice to know where i stand.
Can you advise
Many thanks
Haydn
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
I need to know what action i can take to have my meter put back in i dont want a PAYG meter. And do i have a right to complain tomorrow for them entering my property when its not my debt.
Expert:  Jo C. replied 1 year ago.
Not necessarily.
Have you transferred the account over to your name?
Customer: replied 1 year ago.
I did and also the agency i rented through done this also.
Expert:  Jo C. replied 1 year ago.
Do you know if they have a warrant to enter?
Generally from the Magistrates Court?
You should have had notice of the hearing?
Customer: replied 1 year ago.
Nothing in my name and the bit of paper wasnt even a proper court warrant just a basic bit of paper from electricity supplier.
Expert:  Jo C. replied 1 year ago.
Thanks.
In terms of whether you can complain, anybody can complain about anything. It is whether or not it would be upheld.
They don't have to give you notification of their intention to enter if they had a warrant. You will find the basis for that here
http://www.legislation.gov.uk/ukpga/Eliz2/2-3/21/section/2
but they do need a warrant and they need to have given notice of an intention to seek a warrant.
In terms of giving notice though, it doesn't need to be addressed to you. In fact, it would probably have been addressed to the debtor. You would still have been entitled to attend and make representations and they would never have got an order in those circumstances.
If the meter is always changed though, it is very unlikely that they will change it back. What you should be able to do is get them to remove any debts against it. If they do not then you should take the matter up with the agents and ask for a comparable reduction in rent.
Can I clarify anything for you?
Jo

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