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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being threatened with Warrant of Entry under Gas Act 1986

Customer Question

I am being threatened with Warrant of Entry under Gas Act 1986 to carry out a Gas Safety Inspection, I’ve attempted to make an appointment several times without success.
Where do I stand?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.In what was have you attempted? Have they failed to turn up?Alex
Customer: replied 1 year ago.
I have attempted to contact the number of times by phone and at least once by email, They keep promising a phone call back which never comes.
Expert:  Ash replied 1 year ago.
Have you got a copy of the email sent to them? Did they just not reply?
Customer: replied 1 year ago.
See attached, Have not had a reply yet.
Expert:  Ash replied 1 year ago.
Ok keep all this. Then If they apply to court for a warrant then you can show the judge the attempts that you have made.The issue would be resolved in costs. That means they won't get their costs.But keep records of all attempts.Can I clairfy anything for you about this today please?Alex
Customer: replied 1 year ago.
Does this mean the case would not be valid?
Expert:  Ash replied 1 year ago.
It would but they wouldn't get any costs.
Expert:  Ash replied 1 year ago.
Does that help?Alex,
Customer: replied 1 year ago.
I'm just trying to understand. I don't want the property wrecked on force entry, especially when I have not prevented them from entering.
Expert:  Ash replied 1 year ago.
No they can't do that, it would be with a locksmith. But a court would have to order this. You could turn up and contest it as you would be given notice of any court hearing.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
So I could then give my evidence I have tried to accommodate?
Customer: replied 1 year ago.
Also can one assume if I have proof I have contacted them to make the appointment but they have not kept their side the contract that they would not have a valid reason for a warrant?
Customer: replied 1 year ago.
Are you still there?
Expert:  Ash replied 1 year ago.
Correct,
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Yes thanks
Customer: replied 1 year ago.
Also I do have recording of the phone call to both the energy company and the metering company on Friday 11 Mar, unfortunately I didn't notify them it was being recorded. Anyway I could use that or could it cause more trouble than it's worth?
Customer: replied 1 year ago.
In the recording was an assurance I would get a call back the same day i.e. Friday
Expert:  Ash replied 1 year ago.
well that's ok, you could still use it.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Yes thank you
Customer: replied 1 year ago.
Is it a legal requirement to tell someone you are recording them??
Expert:  Ash replied 1 year ago.
Good luck.Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Can I just clarify regarding the recording, What is the situation if you don't tell someone it is being recorded?
(My last question)
Thanks for your help.
Expert:  Ash replied 1 year ago.
you should tell them, but you could still use it as evidence with permission of the court
Expert:  Ash replied 1 year ago.
Does that clairfy?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks
Expert:  Ash replied 1 year ago.
you are welcome. Alex
Customer: replied 1 year ago.
Alex, Following on from the other day, do you think there is any likelihood of me being able to bring a reverse charge on them?
It has obviously cost money and an awful lot of time already.
Expert:  Ash replied 1 year ago.
Possible. Depends on the judge
Customer: replied 1 year ago.
Could you elaborate on that a bit?
Thanks
Expert:  Ash replied 1 year ago.
You asked if you could bring a counter claim, if you have suffered a loss yes. Otherwise no.