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DWP allows Utility Co to collect debt without permission

chocolate_sausage
chocolate_sausage Posts: 13 Forumite
edited 20 July 2011 at 4:49PM in Benefits & tax credits
As a carer for my wife money is to say the least tight so yes i have debts . Today i had an interesting event in the form of a letter from Income Support saying that the Water company has asked for deductions to be made at £8.65 PW and that i cannot appeal against it . Strange i thought last year they were asking my permission to take money from my wifes benefits but no permission was given and the DWP said at the time it was up to her if she wanted to agree , now it would seem despite the water account not being in my name they have attached the debt to my benefits and are being allowed to take it without my permission or without having approached a court to get an attachment order or even discuss it with me , it would seem that they dont have to .

Ok i owe the money but i think it raises a few questions doesnt it . The lady at the DWP said to me any utility company can approach them and get this done , all they have to do is tick the form saying that the person has failed to keep to 2 payment agreements and thats it , no appeal is available to the benefit claimant . I would ask wether this is legal and the following questions . I said well if i have never had a payment agreement with them because its not my account i couldnt have broken 2 agreements , all the time im thinking what the hell has it got to do with you who i owe money too and how i budget .

The DWP say they allow Utility companies to do this if the person isnt budgeting properly ? Sorry at what point did the DWP start telling people how to budget or intervening in such things ?

The DWP say there is no right of appeal , but what if the debt is in dispute , is a person on benefits not allowed the same rights as a person who is working when it comes to legal issues involving debt .

I asked the lady i spoke to how she would feel if at the end of the month when she got payed she found that without a court order or any legal representation her water company had just approached her employers and been allowed to deduct payment from her wages and that she would have no legal recourse or right to appeal . She said she wouldnt like it .

Im not looking for lectures on debt but i would be interested if any one else has an opinion on the subject and how it would stand up in a human rights court ?
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Comments

  • anniecave
    anniecave Posts: 2,479 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would count rent/mortgage, council tax and all utilities as priority debts and ensure these are always being paid. If you have an dispute with a council or a utility company then ensure they know about it and get it resolved.

    If you can't afford to pay for the bills where you live then you need to get advice or help for this.

    If I was having difficulty budgeting then I would have no problems with deductions being taken from my income for priority debts as long as I knew they were for money I owed and I had notice of them.
    Indecision is the key to flexibility :)
  • DX2
    DX2 Posts: 8,275 Forumite
    http://www.ccwater.org.uk/server.php?show=ConWebDoc.1805
    • There is no need for the customer to give consent to direct deductions unless the total direct deductions exceed 25% of the family’s income. This is to make sure that people who qualify to use the scheme do so rather than risking disconnection, court action or getting into more debt. Currently water companies advise us that approximately 175,000 customers are using Water Direct.
    *SIGH*
    :D
  • dark_lady
    dark_lady Posts: 961 Forumite
    real1314 wrote: »
    Having no access to drinking water is a direct threat to health/life, therefore they are acting in the best interest of your human rights to protect your water supply.

    It doesn't matter what a member of staff thinks, it's what the law says that counts.

    Your claim that you didn't have a payment agreement as it's "not my account" won't wash either. You have an agreement by virtue of your use of the service. You should stop trying to freeload on the backs of those that are paying, whom you want to subsidise your supply! :cool:

    Carers save this country 119 billion a year. how is that freeloading?
    Real? I think not.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    As your wife is disabled, you might want to check out the Watersure scheme - it is a capped amount for specific disabilities only, those that generally need a higher amount of water usage.

    Carers UK or your local carer's centre should be able to help you check your benefit entitlement and sort out your debts.

    Other than that, I agree that utilities companies should be able to collect monies due directly from customers who owe them, especially as something like water is a utility that you will continue to use because it is necessary.

    Incidentally, I am also a carer and know just how difficult it can be. I'm not without sympathy for your situation, but when you rely on the welfare state (as I do), you need to budget very carefully.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    dark_lady wrote: »
    Carers save this country 119 billion a year. how is that freeloading?
    Real? I think not.

    yes, carers save this country an absolute fortune each year, yet we are not entitled to a minimum wage, or even the same amount as a jobseeker who only has to show that they have made three attempts to look for work in a week. Having said that, we should always strive to pay our bills. There is help and advice available for those who need additional support with budgeting - maybe the OP needs a benefits check to ensure that they are getting their full entitlement.
  • Whiteknight
    Whiteknight Posts: 483 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    You might not be able to appeal the decision with the DWP but if you really have a problem with them taking money from your benefits that I suggest the water company are the people this needs to be sorted out with.

    You have not actually mentioned how much you owe the water company. I also believe that gas and electric companies can ask for deductions out of benefits.
  • chocolate_sausage
    chocolate_sausage Posts: 13 Forumite
    edited 20 July 2011 at 7:14PM
    Clearly you are confused which often happens these days when it comes to those on benefits . The assumption that we the benefit claimants are out to not pay bills and freeload is a common one . The very fact that water companies have payment schemes is because even they realise that the bills are often way beyond what a person can afford on benefits . But that is not why i asked the question , all i am asking is why dont the Utility companies ask for permission and why is the grounds for appeal removed from the situation ? Is it possible for a Water company for eg to make attachment to earnings without permission or without a court order from a person in employment ? Answer NO ! Why is this right not afforded to those on benefits ? Are they somehow subhuman ?
  • real1314
    real1314 Posts: 4,432 Forumite
    Clearly you are confused which often happens these days when it comes to those on benefits . The assumption that we the benefit claimants are out to not pay bills and freeload is a common one . The very fact that water companies have payment schemes is because even they realise that the bills are often way beyond what a person can afford on benefits . But that is not why i asked the question , all i am asking is why dont the Utility companies ask for permission and why is the grounds for appeal removed from the situation ? Is it possible for a Water company for eg to make attachment to earnings without permission or without a court order from a person in employment ? Answer NO ! Why is this right not afforded to those on benefits ? Are they somehow subhuman ?

    I answered that point in my first reply.

    The law says it should be done this way. Incidentally, much as I did not respond to your comments about being a carer, as it is not pertinent to the issue (despite others seeing it as some sort of relevance to water bills), nor did I refer to benefit claimants in my response. Many people struggle with bills, some on benefits, others not. Some people on benefits manage their income and outgoings effectively.

    Have you tried the various boards that give advice on cutting costs and making your money go further, rather than trying to avoid paying bills which are unavoidbale?

    Incidentally, when did you last pay your water bill / how long have you been using without paying? :cool:
  • chocolate_sausage
    chocolate_sausage Posts: 13 Forumite
    edited 21 July 2011 at 7:08PM
    I have never payed a water bill since 1996 as i object to the obscene charges , i am a Conscientious objector on the matter .
  • merlin68
    merlin68 Posts: 2,405 Forumite
    For starters you shouldn't be struggling. When we were on income support we were far better of than now we are working.
    Are you sure your getting all your entilted to?
    There's also a scheme for cheaper energy, it depend what company you are with.
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