Water bill for 5 years

myboysmum

Hi All,
I would like to ask you an opinion and advice of course what to do.
The short story: We moved to HA property 5 years ago, the flat is no my husbands name only.
My husband is in a custody for assaulting me and I am in a process of applying for court order to transfer the tenancy on me as we have 2 kids. I have a court (the final hearing) on 14th of December.
Yesterday I recieved a water bill (on my name only) saying that the Thames Water recently checked if we are paying a correct amount of money for water and they found out that they were not charging us for water at all so they said that I now need to pay the bill of nearly £1500 from October 2006 until end of March 2012. I dont really know what to do and also don't really understand why the bill came on my name only as the property and council tax are on my husband's name only.
They offered to pay the bill in a monthly instalments but I dont think I should be paying whole bill as we were a family of four until 6 weeks ago when my husband was taken away and he wont be returning here anymore.
Also, as the water was not billed by their mistake, am I really obliged to pay the whole bill?
Please advice. Thank you.

Anonym

I would suggest that £300 per year sounds plausible for 5 years water.

I believe that water companies have to mirror their backdating arrangements with their refund policy. This means if some had been accidentally paying thames Water for a service that they hadn't been using for 5 years, then Thames would need to be willing to refund them their last 5 years charges. I would talk to the consumer council for water (the customer part of Ofwat) and ask them for some advice. I would also ask them whether anyone claiming back payments for surface water drainage when they weren't connected has had problems getting 5 years refund. If Thames Water are not prepared to pay them for 5 years, then I dont think that they can charge you for 5 years either.

Having said that, you have known that you have been using for water without paying for it, so you should really have contacted Thames Water to ask them for your bill for the services they provided. I would suggest that you should see whether you can come to an arrangement with them to pay off the bills for at least some of the water you used.

Gothicfairy

The above is wrong..SWD has nothing to do with back billing at all, the water company can back bill for as long as they like ie more then 6 years and can also pay for incorrect supply past 6 years but never SWD that only ever goes back to the year of application.
OFWAT agreed that so there is little point doing as the above suggest and bring that into the situation as it will just look silly.

What you need to do is supply a copy of his tenancy agreement and the court details of the date he went into prison.
You then say that you are able to pay from that date but before then it was his responsibility..... Put that all in writing and wait for a response. They will have to reply within 10 working days so it might all be sorted out with nothing to worry about anyway.
If the response is in the negative come back and we can take another look at it.
There is no point at this stage going to CCW as they will only pass you back through the water companies complaint process.

myboysmum

Thank you for your reply and advice.
I have written a letter to Thames Water, explained the situation and now will see what the outcome will be. In meantime I found out that all the three block of flats which were built 5 years ago (our is one of them) were not charged water for the last 5 years. That is together about 150 flats. I really wonder how the company was not missing that money and only found out about it now. It must have been hundred thousands pounds for 5 years of water. One of my neighbour phoned them when he recieved the bill and they asked him to pay cash and would reduce the bill to half. He did not agree; he offered to pay £5 a week and they accepted it. I will see what they are going to tell me...

Hayleylou

myboysmum wrote: »

Thank you for your reply and advice.
I have written a letter to Thames Water, explained the situation and now will see what the outcome will be. In meantime I found out that all the three block of flats which were built 5 years ago (our is one of them) were not charged water for the last 5 years. That is together about 150 flats. I really wonder how the company was not missing that money and only found out about it now. It must have been hundred thousands pounds for 5 years of water. One of my neighbour phoned them when he recieved the bill and they asked him to pay cash and would reduce the bill to half. He did not agree; he offered to pay £5 a week and they accepted it. I will see what they are going to tell me...

If your husband was responsible for the blls in the property they can not bill you for this period. If you can prove your name wasnt on the tenancy during the period they are stating they can not pass the bill on to you. You can only assume responibility for the property by providing your details to the company. If the sewerage part of the account was in your husbands name during that period the only way they can issue the bill in our name is if you had signed a form to sy you are co-primary on the account (jointly responsible). Get all your paperwork together and send them evidence that you were not responsible for the bills. just because you are married and live in the same house does not make you jointly responsible for the bills.

Cardew

Hayleylou wrote: »

If your husband was responsible for the blls in the property they can not bill you for this period. If you can prove your name wasnt on the tenancy during the period they are stating they can not pass the bill on to you. You can only assume responibility for the property by providing your details to the company. If the sewerage part of the account was in your husbands name during that period the only way they can issue the bill in our name is if you had signed a form to sy you are co-primary on the account (jointly responsible). Get all your paperwork together and send them evidence that you were not responsible for the bills. just because you are married and live in the same house does not make you jointly responsible for the bills.

Are you sure that is the correct advice?

Occupants are responsible for the bills.

Gothicfairy

Hayleylou wrote: »

If your husband was responsible for the blls in the property they can not bill you for this period. If you can prove your name wasnt on the tenancy during the period they are stating they can not pass the bill on to you. You can only assume responibility for the property by providing your details to the company. If the sewerage part of the account was in your husbands name during that period the only way they can issue the bill in our name is if you had signed a form to sy you are co-primary on the account (jointly responsible). Get all your paperwork together and send them evidence that you were not responsible for the bills. just because you are married and live in the same house does not make you jointly responsible for the bills.

Oh that is not correct. As a co primary you can be added at any point as being responsible as unlike gas and electric there is no contract and the person using the supply is liable for the account.
So even though it was in someone else's name, if you used the supply during the period in question ( ie wife ) then you are equally liable and the water company can bring you into charge and link your LE to the account.

neil9313

Gothicfairy wrote: »

Oh that is not correct. As a co primary you can be added at any point as being responsible as unlike gas and electric there is no contract and the person using the supply is liable for the account.
So even though it was in someone else's name, if you used the supply during the period in question ( ie wife ) then you are equally liable and the water company can bring you into charge and link your LE to the account.

If your name is not on the bill how are you going to be liable? And whats a co primary?

Cardew

neil9313 wrote: »

If your name is not on the bill how are you going to be liable? And whats a co primary?

Take this example.

You and several mates, or your family, move into a property and don't notify water company. So if bills are produced they are sent addressed to 'The Occupier'.

You all move out a few months/years later. Are you suggesting that because none of your names is on any bill, none of you are liable?

You are all jointly and severally liable!

There have been many cases reported on MSE - particularly in student houses - where the Utility company/DCA have just gone after one of the several occupants.

The Utility company will simply not get involved in third party disputes - who was supposed to pay - 'I gave xxx my share' - 'I was only there for some of the time' etc etc

In the case of the OP she will need to take civil action against her husband to get him to pay whatever is deemed to be his share. - Or it is taken into account in any divorce settlement.



http://www.theanswerbank.co.uk/Law/Question995699.html

Gothicfairy

neil9313 wrote: »

If your name is not on the bill how are you going to be liable? And whats a co primary?

Co Primary is someone who is equally liable and so has their own legal entity.

You are liable if you use the supply..That is the way things work and as such as soon as the water company find out the details of that person they will backdate an account for them.