Debt Collector - 4 Year Old Bill

charltonguy · 1 August 2009 at 10:15AM

We have just received a letter from UK Search Limited debt collectors to say that we owe Southern Water £57.29 from our previous rented home that we moved out from just over four years ago.

They say that our account with Southern Water was assigned to someone called Southbank Capital Limited who are now legal owners of the account. UK Search say that they previously sent bills for the water supply to 'the address above' which I assume means our old address.

This all seems very odd as I remember when we moved out, the rental agency were very clear on us proving that we had paid all bills before vacating the property. Unfortunately as we haven't lived there for 4 years we have discarded the utility bills we had from back then some time ago, therefore we have no physical evidence that we did pay off all outstanding debts. However I am pretty sure we cleared everything as we would have lost our rental deposit without proof of bill payment. The other point is that we have certainly received no other contact from Southern Water since then, either directly or forwarded from our old address. Strangely, though, our current water supplier is Southern Water and they haven't mentioned it!

So, where do we stand? UK Search are asking us to contact them if we didn't receive any bills from Southern 'at the address above'. Should I really contact Southern Water firstly and how would I be able to prove that I don't owe them anything given that we haven't kept any old bills? Do we actually have a case legally of not doing anything seeing as we haven't been notified directly by Southern Water in four years? Would a court dismiss UK Search's claim due to the time delay and non contact? Is a customer exempt from payment after four years?! Is this debt collector just trying it on?

Hope someone has an idea!

Gothicfairy · 1 August 2009 at 10:47AM

Firstly, Water companies can chase debt for at least 6 years and win in court (even with no communication from the customer)
Secondly, were you on a meter ? If so it might be that you paid the final bill to an est and a actual read was supplied and you are being asked to pay the difference.

If you were on RV then the amount of the final bill would not change and had it been paid nothing more should be outstanding unless the dates on your account had change.

Go back to the letting agent and see what records they have and also find out what the bill really is for. Dates and amounts and when you last made a payment on that account.

DVardysShadow · 1 August 2009 at 12:33PM

Go back to Southern water and ask for the last 3 bills at the property. If you still have bank account info, you may be able to reconcile what has happened. If this goes to court you can ask for that information as part of the evidence.

AnnaMonkey · 20 August 2009 at 7:21PM

Hello - I just got one of these too!!! And as far as I know it's all been paid up but our letting agent is since defunct and I can't think of another way to prove it! Argh!

Dnorris · 26 August 2009 at 4:04PM

Hiya,

What was your outcome for this as I have just received the same call but for £274, not a good present just before I go on holiday!

claireloupul · 28 August 2009 at 8:00PM

HI,

I have just had the same £237 bill for 6mths..wow four years ago!!

My problem is my landlord said water charges where included in his maintenence charges so I had no reason to dis believe that! Only prob is yip after four years I don't have the tenancy agreement!

The only thing Southern Water is providing me is a letter to say £100 were for the first three months charges and £137. for the next three months charges they seem unable to provide an actual bill.

I have written to them again as they said the Landlord wrote to them in Feb 2006, this is when he also sold the property. I have asked them for a copy of the tenancy agreement which states I am liable for these charges, I will wait and see I will also ask them for a copy of the acual bill.....surely they can't bill you without this..I dunno!!!

Also the time frame in the limitations act1980 states they can recover debt up to 6 years later however if you never recieved any bills then they can only recover the last year that you owe!! I am looking into this a little more if anyone has any information on this I will be most grateful.
Thanks

Claire

claireloupul · 28 August 2009 at 8:37PM

Hi to everyone who is recieved a dca letter then this is intersting reading

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by me

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on Debt collction, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to My liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Cardew · 28 August 2009 at 9:40PM

claireloupul wrote: »

Also the time frame in the limitations act1980 states they can recover debt up to 6 years later however if you never recieved any bills then they can only recover the last year that you owe!! I am looking into this a little more if anyone has any information on this I will be most grateful.
Thanks

Claire

I don't know where you get that information.

Are you not getting confused with gas and electricity bills(not water).

With gas and electricity bills you are only liable to be back-billed 12 months if the company are at fault and have not produced a bill. Not producing a bill is very different from you not receiving a bill.

In any case that provision does not cover water bills and normal UK law applies - they have 6 years to make the claim.

Why would Southern Water have a copy of your tenancy agreement?

If your ex-landlord wrote and told them you were in residence and liable for charges, then your dispute is with the landlord.

Southern supplied the water and if you were the occupant during that period then you need to prove to them that the landlord was liable for the charges.

claireloupul · 29 August 2009 at 7:55PM

Hi,

I got the info from Trading Standards website which looked like it covered water as well maybe it doesn't, that's why I'm on here to find as much info as possible.

One thing for certain is that Southern water will not provide me a bill for that period!! !

I have recieved the following response from a website

Hello Claire,

We have received your email on our website and we would like to help you!

With regard to your queries, when a company is requested to provide information or proof of a debt, they are required to provide you with this information.

However, until the dispute is complete, we would suggest that you still send some sort of payment to the account so that it doesn’t go any further. You should send a payment by cheque or postal order of any amount down to £1. However, enclose a letter clearly stating that this payment is “under duress”. This way, once the dispute is closed, if it turns out you were not meant to pay this debt, you can claim any monies paid, back.

It would also be an idea to contact the Energy Supply Ombudsman on or for further help, advice and support with this matter.

I hope this has been of some help to you.

I am fighting this as I don't believe someone can give your details without any kind of proof!! That surely open's the door for any opportunist's!!!
Also why should I pay when Southern water will not provide me with the original bill?? The amount is far two high for 6mths for two bedroom flat with Two people who were hardly there because we were crew! We didn't even have a washer machine!!
If it wasn't metered then are we responsible for the whole year...again I don't know?? these are the questions I am trying to find out..I will post whatever information I find to help other's and if's not correct then please do tell me!!

Cheers

AnnaMonkey · 2 September 2009 at 9:43PM

arrrgh so i put the bill down and forgot about it. but it's good to see what you've done so far! I'm going to talk to them tomorrow, as i heard from someone that if you pay anything its as good as admitting the debt is yours? i need to do some research on that one. It's ridiculous that they can chase it with no smidge of proof though, i am doubtful about it.

claireloupul · 3 September 2009 at 12:37AM

Hi yeah you have a point,

I've done some research and Debt collectors use some harsh techniques so I've found this template which I am going to send off, trouble is Southern Water will not deal with me because they have sold the debt on but how can they try and bill you for £232 without even a proper bill!! I've written to Southern Water asking for a copy of the letter they said they recieved from my landlord in Feb 2006 I've also asked them for a copy of the bill for that period and I'm in the process of sending this template off to UK Search!!

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (Southern water).

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

.......................................................................................

I think this is the best course of action and I will see what comes back, Let me know if you get anythin!!
Cheers

Debt Collector - 4 Year Old Bill

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