Ofgem has launched an investigation into energy supplier British Gas, after it was revealed that debt collectors for the company have been forcefully entering struggling customers' homes.
It comes following an undercover Times investigation alleges that these agents obtained court warrants in order to allow them legal access to enter a property and fit the meter if customers failed to pay their bills.
Once the meters are installed, the customers are then forced to top up the meter if they want to receive gas supplies.
Energy regulator Ofgem has said it will not “hesitate to take firm enforcement action” after a third party company used by British Gas "broke into" homes, even when customers are known to have "extreme vulnerabilities".
The report claims that workers for Avrato Financial Solutions forcefully entered homes of a mother with a physically disabled daughter, a single father with three young children as well as a woman with severe mental health problems.
Energy firms can obtain court warrants which give them the legal right to enter a property and fit the meter if customers haven't paid their bills. Back in 2018, Ofgem warned suppliers about over relying on forcible prepayment meter installations, after research found that the tactic was being overused.
It is meant to be used as a last resort only, as indebted customers should be put on prepayment plans first. In 2022, Ofgem warned suppliers to improve help for customers who are struggling to make payments.
British Gas has now suspended all warrant activity until a thorough investigation is completed.
So what powers do debt collectors, also known as sheriff officers have in Scotland? Laws here differ here to the rest of the UK, so here's what you should know.
Can a sheriff officer enter my home without permission?
Yes and no. According to Scotland Debts Solutions, a debt collector can not enter a home forcefully without a court order.
Without legal permission, debt collectors can visit your home, email, phone, or write letters to you to request you repay your debts. Legally they can’t force payment, so their rights end at sending you reminders for payment.
Citizens Advice Scotland states that if a sheriff officer calls to your home, you have the right to request to see ID and court paperwork. Prior to a house call, you should receive a legal court form which you can reply to, whether you agree or want to dispute the claim.
However, if you ignore court requests, the court may grant a summary warrant to the creditor, meaning that you have to automatically pay without going to court. After all correct steps are taken by the creditor, a sheriff officer with a warrant can enter your home to seize possessions to be sold to pay back debts.
If you're struggling with making bill repayments, charities like Scottish Debt Solutions can offer free advice and plans to regain debt control.
What are your rights when faced with a sheriff officer visit in Scotland?
According to Scotland Debt Solutions, you have the following rights if a bailiff visits your home.
- If the sheriff officer breaks a lock or window which subsequently needs to be replaced, the creditor might pass on the cost of replacement and repair to you.
- At any stage, you can make arrangements to pay the sheriff officer part or all of the debt.
- You have the right to ask for identification from the bailiff, and they are obliged to show you their ID if you request to see it. They should have a booklet carrying the Scottish court service crest, with photo ID inside.
- You can make a formal complaint against a sheriff officer by writing to the Sheriff Principal if you feel that their behaviour has been unreasonable.
Responding to allegations on Thursday morning, British Gas CEO Chris O'Shea said: "Protecting vulnerable customers is an absolute priority and we have clear processes and policies to ensure we manage customer debt carefully and safely.
"The allegations around our third-party contractor Arvato are unacceptable and we immediately suspended their warrant activity.
"We need to strike a balance between managing spiralling bad debt and being aware that there are those who refuse to pay and those who cannot pay. We think Government, industry and the regulator need to come together to agree a long-term plan to address this and ultimately create an energy market that is sustainable.”
Entering homes without consent is not isolated to British Gas, as representatives from firm SSE reportedly snuck into a Scots gran's house to install a meter last October, even though she had previously organised a repayment plan.
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