Warrant application: Can Scottish Power exclude me from hearing ?

[cumfy]

I am disputing a bill with Scottish Power, and have just received a letter stating they will be applying for a warrant of entry on date X, and:

If you want to attend the hearing you must notify US in writing within 14 days. If you do not, we will assume you do not wish to attend and we will apply for the warrant in your absence.

Can they exclude me from the hearing as they suggest ?

Am I, in fact, as they suggest, legally obliged to communicate with Scottish Power ?
Surely, it is the court, not Scottish Power, who I should be communicating with and notifying of my attendance.

You are not legally obliged to communicate with Scottish Power. However, if you do not respond they are entitled to apply for a warrant in your absence. That does not mean you are being excluded from the hearing. It means that the hearing can go ahead without you.

Thanks, but surely it is the court that determines how the hearing is held not Scottish Power ?

Just marking my place, I work for one of the other big 6, can advise.

Backing a bit

OK, I see what you are saying prh, and that makes sense.

But then are Scottish Power allowed lawfully to misrepresent the situation by stating that they must be contacted ?

Surely they are only giving you information.

I would assume the court would also let you know about proceedings with a summons, though I may be wrong.

Ido know however, that they can obtain a warrant without you being there. That's not to say they will misinterpret information or that the hearing isn't fair.

They are simply letting you know that it is happening, and if you want to attend let them know. They maybe have to have extra staff there if you're there too?

They are not misrepresenting the situation. They are saying that you need to contact them if you want to attend the hearing. If you do not they are entitled to ask the magistrates to grant the warrant of entry in your absence.

I'm totally confused now.

What happens if I:

1. Contact court, tell them I will be attending hearing on date X, re Y.

1. Don't contact Scottish Power.

1. Attend on date X.

I just don't get how it is SP dictating the type of hearing and not the court.

Is it not just a matter of dates? If its just a warrant application then i doubt the court will let you know so if you want to know when SP are going to court I should think you'll have to contact them.

Ignore my last - didn't read your original post properly sorry

Scottish Power are not dictating the type of hearing. You do not lose the right to attend court and contest the matter if you fail to respond but that assumes you know when and where the hearing will take place. If you fail to respond Scottish Power can say to the court that you have been given the chance to attend and have failed to respond, so they can ask the court to award the warrant in your absence. It is the court's decision whether or not to go ahead but, provided Scottish Power have followed the correct procedure, they will award the warrant requested. The notice you have been sent is part of the procedure Scottish Power have to follow to get their warrant.

You do not lose the right to attend court and contest the matter if you fail to respond

But that is exactly what is claimed in their letter though; hence my question.
My original quote is verbatim.

but that assumes you know when and where the hearing will take place.

I have date, place, but no time.
I'll contact the court to see if I can get further info.

No, that is NOT what is claimed in their letter. All they have said is that if you don't respond they will apply for the warrant in your absence. At no point have they said that you would be excluded from the hearing. Applying for the warrant in your absence simply means the hearing can go ahead without you.

I agree with bridge on this.

It seems you've misinterpreted the letter IMO.
Scottish Power will have their own procedures to follow, this letter being one of them. They will not exclude you from any hearing as it isn't their decision to do so.

Have you got long until the court date?

Cumfy I went to Court in November 2011 as E-On were doing the same to me and applying for a warrant of entry to install a pre pay metre.

I contacted the court in advance and asked what I should do if I wished to attend and contest.

By that stage I couldn't be arsed with going into any more communication with E-On over the matter as if they had stuffed up right from the word go.

The court were extremely helpful, giving me all the details and time etc.

The woman from E-On looked properly pissed off when she was told I was there

I was offered a chance to sit with the E-On rep and discuss the matter before the court session, but I wanted my say in front of the magistrate
I gave the details of my case to the court and then the magistrate told the E-On rep to go outside with me and sort it out - he did not allow them the warrant.
Fwiw, she was nice and she did sort it all out for me. She had a pile of about 100 applications for that day and the other 6 were there too I believe. Its like they are all taken care of in one big go.
I think there was only 1 other customer at the court that day.

If you have been wronged by them I'd advise you go; it did a lot to calm my utter rage at them for all their previous incompetence! Like a type of therapy for disgruntled customers, it felt good showing someone else exactly how shit they had been

Bob, thanks for telling your tale, I'm glad to hear it turned out well in the end.

By that stage I couldn't be arsed with going into any more communication with E-On

I know exactly how that feels, I just lost the will to live after 4 months of stonewalling emails between Npower and Scottish Power complaints processes.

Your description of there effectively being a "utilities-day" at court is a little bit of a light-bulb moment re just how easy it is for these utility cos to put everyone through their grinder; easy enough to apply for another warrant if there's 100 already on the pile, if they don't get it, then no skin off their nose.