South West Water nightmare

tcjw

This is not how I wanted to start the Easter weekend, but my wife and I are hopeful that someone might be able to provide a bit of support or advice with this problem...

In 2004 we bought a farmhouse from the farmer who continued to own and run the farm across the lane from us. On the day we moved in his wife told us " We haven't sorted the water out yet, it's still attached to the farm...so now's the time to fill your swimming pool" ( we don't have a swimming pool !).The house, farmyard outbuildings and troughs are supplied by one pipe with one meter, which is not on our property. Subsequently we have found out the farmer was already in arrears with SWW and has not paid any bill since. At various points we contacted SWW to inform them of the whole problem to which they have consistently replied that it is not our account and will never be held liable for the account.

Now that the farmer has decided to sell his farmyard we have been sent a bill for £6421.74 by SWW. On contacting them they initially assured us again that we were not liable, but now tell us that they found from land registry that we do exist and that we are now liable for the bill.

Can we use the Limitations act as the farmer held onto the account for 7 years 8 months and/or SWW did not contact us regarding any required payment even though we told them ( by 'phone) of the situation?

Any thoughts from anyone,please?

Cardew

Have you had correspondence in writing with SWW?

Does the bill detail how many cubic metres you have used, and how many for the farm?

There is a general rule that if anyone uses a Utility(gas/electricity/water) they are 'jointly and severally liable' meaning that the firm can come after anyone for the full amount. It then becomes a 'third party' dispute on liability to pay.

It would appear that SWW are attempting to use that provision.

However, as the account was in the Farmer's name(presumably) it would appear that the 'jointly and severally provision' should not apply. He is responsible for the bill and should take steps for you to pay him some of the bill.

tcjw

Thank you so much for replying.

There has been no correspondence in writing to me personally throughout the last 7 years and 8 months.
The bill that has been sent does not detail how many cubic metres have been used by us or the farm as this is not possible ( there is only one meter ).
Yes, the account was in the farmer's name and has been up until last week.
What you say makes perfect sense to me and is consistent with what has happened. Any thoughts on the Limitation act ?
Any further thoughts would be very gratefully received.

Thanks again...and again.

Cardew

I would personally get a solicitor to write to SWW and say that the water account is in the farmer's name and you have no liability to pay.

I suspect that they will pass the account to a Debt Collecting Agency(DCA). I suggest you do not correspond in any way with that firm.

You may get better advice on disputed debts by posting in the 'Debt Free wannabe' forum on MSE.