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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1227
Experience:  Expert
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Thames Water has fitted a smart meter without my consent. I

Customer Question

Hello Thames Water has fitted a smart meter without my consent. I contacted Thames Water to have to the smart meter removed which they have declined as they are saying it is complusory to have the meter. My question is please you can you clairfy if this is true that smart meter are complusory and if this is legislated by law and what are my rights to have it removed. thank you
JA: Where are you? It matters because laws vary by location.
Customer: London which they claim is a high stress area
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: I have writen to the CEO, which I had received a telephone call that they will respond by 19 May 2022. I also sent them a copy of Dan Rogerson MP letter dated 4 April 2014 stating No water company is required to introduce complusory metering even if it is in a area severe water stress. I have rang again Thames Water instructing them not to put me on the smart meter traiff. thanks
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: In my complaint I was very concerned about the smart meter surveilance, hacking, and radiation.
Submitted: 12 days ago.
Category: Law
Expert:  MARTINT330 replied 12 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 12 days ago.

Yes, Thames Water has legal powers to install meters at customers' properties, even if you do not want one. Smart meters are a new kind of gas and electricity meter gradually being introduced across Britain as part of a government scheme.

To give you more context, smart meters can automatically send meter readings to your supplier, meaning they can bill you accurately for the energy you’ve used.

You won’t have to pay upfront to have a smart meter installed - smart meters will be paid for through everyone’s energy bills, just as old-style meters are

In this case, you don’t have to accept a smart meter if you don’t want one. However, if you refuse a smart meter, you might find it hard to access all tariffs. This is because in the future the cheaper tariffs offered by suppliers might only be available to customers with smart meters.

Expert:  MARTINT330 replied 12 days ago.

Is there anything else I can help with today?

Customer: replied 12 days ago.
Thank you for the information please could you provide information that is it not legally required to have a smart meter as Thames Water claim it is complusory which is false and intimdating so that I can use the information as my defense to remove the smart meter also is there any recent Act or legislation stating it is complusory to have a smart meter as i will require proof that it is not complusory. to challenge their process Thanks
Customer: replied 12 days ago.
I am not working on universal credit
Customer: replied 12 days ago.
Please let me know if you can answer my previous question
Expert:  MARTINT330 replied 12 days ago.
As I explained during my initial response, you don’t have to accept a smart meter if you don’t want one - this means it is not compulsory. The law governing smart meters is the Smart Meter Act 2018 which you can find here: https://www.legislation.gov.uk/ukpga/2018/14
Expert:  MARTINT330 replied 12 days ago.

If your supplier tells you that you must have one installed, contact the consumer helpline here: Consumer Helpline

Customer: replied 12 days ago.
Thank you for this and I did contact the Consumer helpline they told me they do not deal with this. I am very grateful for your time and expertise. The Thames Water staff member told me new laws came out in 2019 regarding complusory Water Smat meters are you aware of this as I cannnot find any new Act. Thank you
Expert:  MARTINT330 replied 12 days ago.

You can request them the reference for what legislation they are referring to. The Department for Environment, Food & Rural Affairs confirms smart water meters are not compulsory. You can use the file you have attached here recently against them.

Customer: replied 12 days ago.
I have a different question to ask regarding Trust. Does the government only recognise Solicitors who set up a trust or can an independant person or company set up a Trust ? Thank you
Expert:  MARTINT330 replied 11 days ago.

The law dictates that for a trust to be valid, it must establish three certainties: the intention of the settlor to create it, the subject matter (assets) that will make up the trust property, and the objects (beneficiaries) who will receive the income and assets from the trust.

To set up your trust in a way that establishes these certainties beyond dispute, you will need the help of a legal expert – ideally a solicitor with knowledge of legal, financial and tax matters.

Expert:  MARTINT330 replied 11 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 11 days ago.
Thank you for your helpful response. It seems not to use independent organisation regarding setting up a Trust only a Solicitor. I have few more questions to ask.
1, If the Will writer made a declaration in their Will transferring all their powers to an executor giving them the option to continue staying in the property until they die and giving the executor the option putting the property into Trust to manage. The Will writer declared no legal action can be taken against the executor as it is their declaration.
If I am correct the executor would be the Settlor, Trustee, beneficiary and including other beneficiaries.
2. Once the executor sets up the Trust with the list of beneficiaries do they complete a 1D form and TR1 form with Land Registry transferring the property into Trust.
3. What documents would the executor/Settlor have to provide to the Land Registry when transferring the property - ie copy of death certificate? Copy of probate?, anything else?
4. Keep yearly records of the maintenance of the property to advise the beneficiaries
Very appreciative for the information you have provided, thanks
Expert:  MARTINT330 replied 10 days ago.

Yes, it is possible for the same person to be appointed as both Executor and Trustee. In fact, this is not uncommon. There is no legal reason why the same person cannot be appointed in two or more of these roles, but it's important that they are clear on the specific duties and responsibilities of each.

Expert:  MARTINT330 replied 10 days ago.

2. Yes.

Expert:  MARTINT330 replied 10 days ago.

3. 

If the property is owned in the sole name of the deceased and the property title is registered at the Land Registry, then the transfer process is relatively straight forward.

The Executor will need to transfer the property to the person who is entitled to inherit under the terms of the Will (if there is one) or inheritance laws (if there isn't).

If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an 'Assent' to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.

It's important to note that the property cannot be transferred without a Grant of Representation, as this tells the Land Registry that the Personal Representative has the authority to transfer the property.

This is also applies if the property is to be sold. The Grant of Representation gives the Personal Representative authority to sign the transfer document that will transfer the property to the buyers.

Expert:  MARTINT330 replied 10 days ago.

4. Prudent yes.

Customer: replied 10 days ago.
Thank you so much for the information it is very clear and helpful to understand. The Will writer has transferred all their powers to the executor once the executor/Trustee passes away then the house will be sold or transferred only at that time the other beneficiaries will inherit. Can the executor put the property into Trust so that the children, grandchildren and future great grandchildren will inherit. Can the property be transferred to the executor/Trustee who is one of the beneficiaries then put the property in a Trust listing the other beneficiaries. Thank you
Expert:  MARTINT330 replied 10 days ago.

Yes however it will be best to formally instruct a solicitor with regard to the same. Would you like details on how to locate one?

Customer: replied 10 days ago.
Thank you once again and yes please let me how to locate one.
Expert:  MARTINT330 replied 10 days ago.

You can find a solicitor at the following link: https://solicitors.lawsociety.org.uk/

Customer: replied 3 days ago.
Hi I accidently selected the wrong star I was very happy and satified with the information I received. Thank you so much and I will in future recommend MARTINT330 to others.