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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16128
Experience:  30 years as a practising solicitor.
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How can I get urgent advice on a civil law matter?

Customer Question

How can I get urgent advice on a civil law matter?
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.
i can give you general advice if you can explain your situation.
Customer: replied 5 years ago.

My situation is as follows 2 year ago I entered into correspondence with my dual fuel supplier about the terms of the agreement.

This has continues ever since, sometimes the company agreeing with me sometimes not. The original company I made the agreement with was called Sainsbury's Energy, however I later discovered that I was in fact dealing with British Gas.

When British Gas threatened to take me to the civil court I got legal advice and I was prepared to have the issue judged by the civil court, but British Gas did not pursue a court case at that time. I later discovered that the company had lost cases like mine and had been fined for miss-selling.

They left me alone for some time and then returned with their claims that I owed them money. Again my solicitor suggested that they take their claim to the court, which again they did not do. A fortnight ago the wrote to me claiming that I owed money and implying that I was not responding to their letters. Since this was not true I asked my solicitor to write and make it clear that we had always responded to their letters.

I now find that they are claiming to have a 'Warrant' which will allow them to enter my Home and install a pre-pay meter and that they intend to do that on Monday.

I wanted my solicitor to get an interdict to stop this, but he contacted me saying he could not manage to do this in time.

I have no intention of allowing anyone to break into our home it they do so it will only be my removing my wife and I who are in our late 70's because we will not allow them into our home.

I want a solicitor to represent us and our rights and indeed the rule of law in this case and not the power of the big company to force their objectives on to the ordinary consumer ignoring the law.

Expert:  JGM replied 5 years ago.
Reinstruct your solicitor to get an interdict and in the meantime make sure there is someone in the house to stop any warrant being executed. If they turn up tell them that your solicitor is at the court and they are not entitled to enter your premises until the court decides.
If there is a warrant, technically that isn't right but it is likely to keep them at bay long enough for your solicitor to get a court order suspending the warrant and interdicting any further attempts.
You don't say when intimation of the warrant was made to you but your solicitor should be acting immediately to stop it.
In passing I would comment that the cost of doing so is likely to be in excess of £1000 for legal fees, VAT, sheriff officers and court fees.
Happy to discuss further.