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Jason's complaint against E.ON Energy
Right of entry fraud
Complaint against E.ON Energy
I have been in dispute with Eon for some time now regarding my bills. My emails fall on deaf ears as Eon have responded stating that they will no longer discuss my dispute. The inevitable Warrant of Entry was applied for by Eon in Portsmouth Court. I am from Derby. Now, I am sure you are aware of the Magistrate Court Act 1980 (and in turn the Civil Procedure Rules 1998/9). These are legislation set in place guaranteeing the rights of citizens in regards to court processes. One major flaw in the letters one receives is that these invites to courts are NOT actually from the court themselves, but from the Utility Companies. The Magistrates Courts Act is clear on the fact that only a Court can summon a person to a hearing, not a company and therefore the utility company's letters are NOT summons'. Therefore, without the court actually summoning you to court personally, there can be NO court hearing?! When I had the 'Human Rights Letter,' a term of which I had never seen written in law before, I immediately wrote to the said court to ask if they had my name down for a hearing on that date at that time. The response I had was negative. Hence, there never was any official hearing. Now in order for any warrant to be issued, the more recent (1980) Magistrates Courts Act, (which therefore has precedence over the outdated Right of Entry act (1954), is clear that there has had to have been a hearing, to which the court has an obligation set in law to invite you to in order to give you the opportunity to defend yourself (i.e have a fair trial, a cornerstone of British law first mentioned in the Magna Carter!). Therefore, if the court itself hasn't actually summoned you to court for a hearing then there is no official hearing. Secondly, even if there was a hearing, the court is obliged to inform the defendant (us) that the claimant/creditor (Utility company) has been successful in their claim. All correspondence from the Utility companies are not official court documentation and thus are fraudulent when impersonating the courts. When a warrant is issued the courts, again, have to notify you of the warrant, and this could only ever be issued following a court appearance at a hearing which we potentially were unsuccessful at. I have never been invited, by a court, to any such hearing and thus any warrant of entry made against me by a court is in dereliction of duty, i.e. the court / judge has not followed the correct, legal court process in which it is legal to issue such warrants. Furthermore, if we leave the Magistrates act aside and concentrate on the Rights of Entry act, in combination with the Electricity act 1989, 'if there is ever any genuine dispute between the consumer and the utility company, a warrant of entry CANNOT be issued. I wrote to the court regardless of their lack of protocol stating clearly that a warrant cant be issued for my property as there is an ongoing genuine dispute. At the supposed hearing that Eon (not the court) invited me to, the judge has an obligation, by law, to scrutinise and consider all evidence set before them in order to be completely clear that there decision on issuing any judgement (or in this case, warrant)(Magistrates act again). In these 'rubber stamping' situations it is almost guaranteed that the judge seeing the applications can never be beyond any doubt that they have considered all aspects of the case in order to issue their verdict. Especially when the courts haven't even summoned the defendant to the supposed hearing to put over their case. In short, all Warrants issued under this old Right of Entry Act are issued illegally, as the Magistrates Courts Act, which protects us to a more fair trial, takes precedence over the 1954 act and has been disregarded. Now I conducted all correct enquiries to the courts to make certain that there was no hearing, and they agreed there was no hearing. Yet still Eon turned up one day and broke in claiming they had a warrant of entry?!?!?! I threw them out and now face conviction through two counts of battery that the Eon staff alleged I inflicted upon them. I was defending my home from the elitist Big Six companies, by following the letter of the law, and still face conviction. These warrants are all illegal and it is about time these courts/judges are convicted themselves of fraudulent activity and of dereliction of duty, as well as the perjury crimes of the utility companies by providing misleading information to the magistrates.
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Jason Richards | | VERIFIED