Debt Recovery for a water bill i never had

jimjim79

In a previous property I was never billed for water rates, now fast forward three year and I have been contacted by a debt recovery agency asking for me to pay £900.

If I was never billed by the water company and have never admitted lability will it affect my credit rating, generally where do i stand legally? Do they have the right to send over debt collectors?

Your advice is greatly welcomed, thanks

barbiedoll

Were you a tenant at the property? Do you still have a copy of your tenancy agreement or can you get hold of it?

If you lived in a rental property, unless the tenancy agreement specifically states that the water bill is included in the rent, then you will be liable for water rates for the time that you lived there. You should write to the water company or the DCA asking for proof of the bill. But if you lived there at the time, then you are probably liable and you should look into sorting out a repayment plan if possible.

You say that you were never billed at the time, did water bills come to the property in a previous tenant's name, or that of the landlord? Just because the bills may have had someone else's name on them, doesn't mean that you weren't responsible for the water usage whilst you were living there.

You need to get more information before you decide what to do but if you owe it, then the DCA or the water company will be able to note on your credit file that you haven't paid. The DCA's have no right to come to your home unless you have given them your consent by making an appointment. If they do turn up, tell them to clear off. If they go to court and get a CCJ and you don't pay, then they can send bailiffs round. But until then, they have no rights to enter your current property.

jimjim79

I was the sole tenant and water rates were not included.

I don't think any water bills ever came to the house in anyones name during my tenancy.

I would like to avoid any defaults on my credit file as I have only just get rid of a default from seven years back.

I have been made unemployed and could only make tiny gesture payments but in order to do that I would first have to admit liability. If I do enter into a repayment plan will that show affect my credit file?

At what point will the DCA be able to add a default to my credit file?

I will think about writing to the DCA and asking for prove.

Sorry for so many questions

chanz4

your landlord can admit liability for you by providing the water company a copy of your agreement, afraid your on a none winner the water company will win and 99% will take you to court

jimjim79

forgot to mention, my was landlord is my father

jimjim79

sorry meant to say, my father was my landlord

DVardysShadow

jimjim79 wrote: »

sorry meant to say, my father was my landlord

So what can your father tell you about the water bill - or are you accepting that in reality, you are responsible?

chanz4

if thats the case then he will be liable (as the owner ), that is if he cant prove it was rented to you. One thing with water they are like HMRC!

jimjim79

thanks for taking the time to help everyone. Still looking for answers to these questions though

I have been made unemployed and could only make tiny gesture payments but in order to do that I would first have to admit liability. If I do enter into a repayment plan will that show affect my credit file?

At what point will the DCA be able to add a default to my credit file?

vax2002

fishing expedition .
If they thought they had a case they would go straight for county court and bailiffs.
In your position I would keep schum until they do as then at court you can ask the judge to set a payment plan, if and IF they can PROVE you owe the money.

jimjim79

but arn't they allowed to put a default on my credit file prior to county court? or would they have to prove it first?