Thames Water £700 bill

PM1CAS

Hi and thanks to everyone who helped me last week.

I now have a query for my sister.

She has been divorced for 3 yrs and lives in family home with kids. When she separated from her husband he kept the waste water bill in his name and said he would keep paying it as well as the home insurance.

He has now accrued a £700 bill which was used by her in 3 years but he said he would pay it. He is now refusing to pay and told her the debt collectors are coming. He has also tried to add her name onto the bill.

Of course, she doesn't have the money to pay. It's more of a moral dilemma really. She used it but he said he would pay as she was living on very little money at that time. He must have stopped his direct debit at soem point during the three years and should have told her then but he left it in the hope that she'd get a huge bill.

What can she do? Is she legally obliged to pay?

king100

PM1CAS wrote: »

Hi and thanks to everyone who helped me last week.

I now have a query for my sister.

She has been divorced for 3 yrs and lives in family home with kids. When she separated from her husband he kept the waste water bill in his name and said he would keep paying it as well as the home insurance.

He has now accrued a £700 bill which was used by her in 3 years but he said he would pay it. He is now refusing to pay and told her the debt collectors are coming. He has also tried to add her name onto the bill.

Of course, she doesn't have the money to pay. It's more of a moral dilemma really. She used it but he said he would pay as she was living on very little money at that time. He must have stopped his direct debit at soem point during the three years and should have told her then but he left it in the hope that she'd get a huge bill.

What can she do? Is she legally obliged to pay?

His water bill, his name he is liable.

Its not like council tax where even if your name isnt down but you live there you are liable.

He cannot just put her name down on the bill otherwise we would all do it. I personally would inform the water company, and get her to start up her own account and start paying that. They will go after whoevers name is on the bill.

pmf63

it would be interesting to see what the 'experienced' people on here say but going from what happened to me when I first got divorced the bill is in HIS name and refers to a period AFTER seperation and possibly AFTER divorce. so it is HIS responcibility.

I don't think it matters who used it. I tried that when I divorced and had a bank overdraft of £1500 ... my name but my ex spent it. Tough was the answer, it is in your name.

Jesthar

Hi PM1CAS,

If her name is not on the bill, she cannot be chased for it. Only the person named on the bill is liable, so the debt collectors will be coming for no-one but him.

I can't advise you as to the best course of action with TW, but it may be in her interests to contact them and explain the situation, especially as payments were obviously stopped without her knowledge. Does she have anything in writing to prove he promised to pay the water bill? It might be wise for her to take over the account into her name from this point forwards (so he would still be liable for the current bill) so he can't do this to her again, but I'm not sure how easy/hard it would be.

Citizens Advice Beareux would be a good place to get some definitel advice before she does anything, though!

Oh, and she should also check the home insurance, see if this has also been dropped - it's not something you want to be without!

Hope that helps,

~Jes

nottoolate

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/water_supply.htm

Who is liable to pay the bill

The occupier of the property is normally responsible for paying water charges. If someone shares accommodation, the liability is shared even if the bill is only in one name. An occupier who remains in a property after the person with whom they shared has left (for example, if partners have separated) may be held responsible for current charges and any arrears. The company may also seek to recover money owed by the person who has left the accommodation.

MrsTinks

I'd say nottoolate is right on this one... UNLESS there is anything stated in the divorce papers where he accepts responcibility for the water bill etc - if there is then it's a slightly different matter...

king100

Did the admendments to the water industry act 1991 come in.

As that states that it is the same as council tax and that anyone dwelling there is responsible.

He cannot add your name to the account but as stated I think that unless you have written proof that he should be paying the bill I think that you are liable. That is if the admendment came in.


http://www.ofwat.gov.uk/consumerissues/chargesbills/household/res_oft_walkerreviewann1.pdf

king100

On another matter who owns the property?

PM1CAS

Thanks for your help everyone.

They both own the property on a Mesher order after the divorce,. she lives there but he owns 40% until youngest is 18

PNPSUKNET

Then both are liable

barbiedoll

I used to work for a firm who collected water debts and we were told that the occupier is liable, unless there is a tenancy agreement stating that the water bill is paid as part of the monthly rent. No matter who owns the home, or whose name is on the bill, the user is liable. (That was around 10 years ago though, so may be different now)