Southern Water Old Debt advice needed

justin70

Hi

Hope this is in the right place, I am posting on behalf of a friend.

She recently recived a demand for over £800 from Southern Water for an unpaid debt.

The address refered to was someone she lived but for only 6 months in 2004/2005. They claim the bill is for the period 2004-2008.

On my advice she wrote back to them asking for all documentaion relating to the debt, including a copy of the contract she had with them.

She no longer has her tenancy agreement for the address, which was multi occpuancy student digs, where the agreement was the landlord paid all utilities out of the rent.

The response she recieved was pretty much 'the issue qwith the landlord is your problem, there is no contract, send us £850 now.' They have provided no paperwork.

If they have no contract agreement can they chase her for the debt? I have sugested she write back as follows -

Can anyone suggest corrections/improvements please? Am I on firm ground with the contract business?

(If I resolve it I get bought dinner, so please help I'm hungry)

Dear Sir
You have contacted me regarding the the above reference number, for a debt which you claim is owed by myself. I have asked you for evidence to support your demands, as the burden of proof remains with you. I have not received that proof. I have explained that the person responsible for the debt at that address during the 6 months I lived there is a third party, and you are not able to provide any proof that I signed any agreement with you to be solely responsible for payment for water while a tenant at a multi-occupancy address.
The person responsible for the debt is the person who was the landlady at the time you have indicated.
I have already pointed out that I have no knowledge of any such debt being owed to Southern Water by me.

I am familiar with the Office of Fair Trading Debt Collection Guidance. which states that it is 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. If you do not cease 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 are disputed and continuing to make unjustified demands for payment would amount to physical/psychological harassment. Therefore, as the matter is in dispute you must now cease all collection activity.

I would ask that no further contact be made concerning the above accounts 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 take the matter to the Consumer Council for Water and consider informing the OFT of your actions.
I look forward to your reply.

Yours faithfully

Thanks for any replies.

DarkConvict

If the agreement was the landlord paid the utilities, then the bill should be in their name. So the tenant is not liable for the bill.

Can she prove she only lived there for 6 months? Change of address with banks, driving licenses, if not a private let then the letting agency.

PNPSUKNET

its likely to be owed by tennants unless all inclusive, their is never a signed contract for water or council tax

justin70

Hi
As I said, the rent was 'all inclusive' of utlilities, there is an issue as she does not have the orginal contract with the landlady to evidence this.
She is putting together her old bills to prove how long she lived there.
My concern is that all we have is their say-so that she owes the money, they have not been able or willing to provide any paperwork, just that 'our investigations show you owe the money.'
I have told her to send that letter and not to pay anything or admit any liability until they provide proof she owes the money.

climbintheladderouttadebt

Hi Justin, your letter may just do the trick. I had a friend who rented a room off someone. The water bill (same company, too!) was in the name of the person who rented out the room but SW went after my friend until she wrote threatening to make them look stupid in court (with evidence etc I mean)!

It may be worth a call to the OFT/ICO or even Trading Standards? Afterall, I'm sure these big companies come across lots of people in shared accomm. with rent covering all utilities (just looking in local papers for rooms rented these are easily discovered).

The letter seems very professional, though I have no idea if there might be anything missing/required/not needed etc.

DarkConvict's advice is right, your friend needs to find a way to prove that they did not live there for any period other than these 6 months. Would they have been on the electoral roll? Or as suggested, provide credit card/bank statements or bills from another property?

SW are silly beggars (I'd say more but their office is round the corner from me and I know people who work there! lol) and can't often seem to get much right.

Please keep us 'posted' on the issue!

justin70

Hi
Thanks, I've suggested she contact her bank in the morning, as she is most likely to have changed her address with them at the time she moved, and also to contact Experian, she can then refresh ehr memory of other places she had credit or bills being paid and can write to all of those asking for their records of her account from the time.
She's not like me, I would have just said 'see you in court' and turned up there with the evidence, just to hurt them financially as well as make them look daft.
Thanks for your help.