Water bill from severn trent- please help!!

mslmch

Hi everybody, new here but desperate for some advice! Basically, just recieved a water bill for just under £400 for previous property, which I lived in with my ex husband from feb 2011 to oct 2011. He continued to live there, was main account holder even when I lived there. I gave him half towards all bill every month and was not aware I was named on any bills etc as it was all in his name, hence why I would give him the money each month.
I have recieved bill for feb 2011- june 2012, I phoned and explained I had moved out oct 2011, said I was not aaccount holder and questioned why I had recieved bill. The man said that I was main account holder, and my ex husband was just a relation on the account.
I did not understand this, so madesecond phone call 10 mins later to ask questions. Go put on hold for almost 10 mins, for her to return and say she had spoken to colleague, discovered my ex husband WAS main account holder, but had informed them june 2012 he was declared bankrupt. Passing the debt on to me?! What do I do?! Thank you

mslmch

Any ideas anyone? Please?

Cardew

I would phone the Consumer Council for Water and ask their advice, the are usually very helpful. http://www.ccwater.org.uk/

My gut feeling is you cannot be held liable. You will also get quick advice from the 'Bankruptcy & living with it' forum on MSE

mslmch

Thank you for your quick reply, totally at a loss of what to do so thank you for your advice

samsmoot

I think they have a nerve asking you for money. I can't see how you have any liability whatsoever. Doesn't bankruptcy take in all debts? And wasn't this debt in the name of your husband? And was that debt not included in the bankruptcy? So therefore isn't that debt dealt with already by the courts?

I would tell them to get lost, if I wanted to even bother to reply. Ultimately, if you ever had to defend a court claim (which would be a long way down the road anyway) simply telling your side of the story is defence enough but I'd probably ask for it to be struck out as being vexatious.

There's plenty you can do before they get too stroppy, so don't panic. I would consider writing back and saying you dispute the debt. Ask for evidence of the debt. Say you will vigorously defend any claim. If it looks like they are defininitely going to make a claim you should get back on here for more advice.

mslmch

Thank you samsmoot.

How would you suggest I reply to them?

samsmoot

Don't want to put you off in the least but I should point out that the law says it is the occupier/s who is responsible for water charges, and as you were one for part of the period in question then maybe it could be legally correct that you are responsible for part of those charges. But that can be argued about later if necessary - I will write as many draft letters as you like.

You should first follow Cardew's advice and see if you really need to send a letter to ST at the moment - it may be premature or unnecessary if the CCW can advise or bankruptcy rules cover your dilemma.

Also you should bear in mind that I am a bit of a maverick when it comes to water companies (and some other fraudsters) and I deal with them in as disdainful a manner as I can. So please feel free to write/do something different if you get better advice elsewhere.


Something along these lines for your first letter perhaps:

'Further to our recent telephone conversations I can can confirm that as per you records I am not, and have never been, the account holder for the address [insert address of property the charges pertain to].

Therefore I dispute that I am responsible for any water charges incurred at that property. If you believe otherwise I wish to know what evidence you are relying on. I also wish to know what steps you have taken to recover the water charges from the account holder.

Your harrassment of me over money I don't owe is quite stressful for me so can you please stop it.

I look forward to receiving the requested evidence in writing.


Yours Faithfully'

Gothicfairy

OK the debt up to the date of bankruptcy is included so forget about that, the debt should not be transferred to anyone else but it does happen depending on what info the debtor gives the water company.

I would only argue from bankruptcy to move out date as that is all you are legally responsible for anyway as the occupier should pay the bill no matter who that is..ie you or your husband and that is a 3rd party dispute between you pair.

Write and supply the move out date with documents and also ask for them to review the account..This letter needs to go to APORTS back office team based at Coventry

samsmoot

It reads to me that the OP moved out well before the bankruptcy was declared, if the bankruptcy was actually declared in June 2012 as is implied, but it's not really clear that it was. But if so, hurrah!

mslmch

I am not sure when my ex was declared as bankrupt as we are not on speaking terms. I moved out october 2011, the bill runs to june 2012. When I spoke to severn trent on thesecond phone call, I was told june 2012 is when they were made aware he was made bankrupt. On the first phone call however, the bloke said it was when new tenants contacted them saying they had taken over the property? So I really have no idea.

My name is not on the tenancy agreement for property I am in now, and before I movedhere, I was staying with my sister, so I have no tenancy agreement to send them?

Ahh so confused, and I am so sorry for rambling!

samsmoot

If ST know when they were informed about the bankruptcy then they should also know when it was declared.

I suggest you put the ball in their court via a letter similar to the above - see what happens.