Being taken to small claims late bill payment 19 December 2012 at 9:41AM in Water bills 39 replies 4.8K views

romik

Does anyone know after what period of time after issue of a bill a utility company can take a customer to court for non-payment?

McKneff

officedeskmelbourne wrote: »

Hi there!

I guess, that would be quite a little problem one must also be mindful about. I have no intention of blaming you but I just want to state a friendly advise. And in regards to your question, I think it would be best to ask people who had experience this kind of situation.

Well, that is exactly what the OP is doing, asking on here for people who have experience of this sort of thing.

mart.vader

romik wrote: »

Does anyone know after what period of time after issue of a bill a utility company can take a customer to court for non-payment?

I don't know either, but most W.Cos have a trust fund or something to assist people unable to pay their bills, but it's a long process.
What are your reasons for not paying ? Low income ? Person with high water needs ? Arrears ?

romik

mart.vader wrote: »

I don't know either, but most W.Cos have a trust fund or something to assist people unable to pay their bills, but it's a long process.
What are your reasons for not paying ? Low income ? Person with high water needs ? Arrears ?[/QUOTE


Wife off work, I am running late on bills by about 2 months after getting bills on average, been customer of this water co for last 12 years, always paid them

macman

They can pursue the debt for up to 6 years in England.

romik

macman wrote: »

They can pursue the debt for up to 6 years in England.

Sorry, that weren't the question. After what period of time after bill was sent can a utility company take it to small claims?

macman

Any time after it's due. There is no minimum 'grace' period.
But what makes you think that a utility co. will use the small claims process? They'll just put a default on your credit file and sell the debt on to a DCO normally. .Since you say nothing about the circumstances, it's impossible to say.

frugalmacdugal

Hi,

don't know how long it would be, but why let it get to that stage, contact them now and explain situation, and sort out some arrangement.

romik

I already received a form from county court, solicitors fee 50 and court fee 15 plus bill amount obviously.

macman

So there is no minimum period after the bill is issued, which was presumably some months ago now anyway, as this procedure would not be entered into until every other form of recovery has been tried.
Unless you dispute the bill, it's cheaper to settle now than incur further legal costs.

spacey2012

Have they sent you a notice before action letter, instructing you they intend to take you to court or have they just sent the court claim.
If they have jumped the gun you can request it be struck out.
The rules changed on October the 1st "amendment 59 civil procedure rules" many have not caught up yet.
If they have not correctly followed pre-protocol procedure, the case should be struck out in full and the Plaintiff must re-start, the fee's are not reclaimable.
have a good Read see if they have missed anything, if they have select to defend on that basis, you will still have to pay, but it may buy some time and knock out the added on fees:
http://www.justice.gov.uk/courts/procedure-rules/civil/protocol