Another SWD thread ......

Noobtastica

First off hi, long term reader / lurker, first time poster

I have read lots of threads about a rebate / reduction in bills if the SWD doesn't discharge into the utility providers drains, but this is slightly different

In summary we recently received a letter from United Utilities advising that they had only formally adopted the surface water drainage system (from the developers) on the housing development where I live in October last year.

However they had still been charging householders a standing charge (for me approximately £75 / year) upto this date, despite the fact that they didn't own and weren't maintaining the drainage.

They advised that they were assessing the level of refund each effected householder is entitled to and would advise of the level of refund and issue a cheque within 2 weeks.

However they are limiting the refund to a maximum of 6 years. The development is 17 years old so some would have been paying this charge for approximately 16 years. I personally have lived there for 14 years and therefore been paying the charge for just over 13 years.

After speaking to the dedicated team for the claim they are obviously reading from a script and taking a " computer says no" approach.

I asked for the complaint (that I should be due a full refund of all monies wrongly paid to them) to be escalated but am sure they will try and fob me off

Does anyone have any suggestions as to my rights, steps I can take or experience if this type of thing?

Many thanks in advance

Cardew

Welcome to the forum.


The 6 years is the standard Statute limitation in English(and Wales) law. So any period before this is Statute barred.


http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm


Any payment before 6 years would only be a goodwill payment, however you might be able to get interest paid on the 6 years refund.

Noobtastica

Thanks for the welcome and for the link

Are you saying (in your / general opinion) UU are classing me as a debtor ?

Cardew

Noobtastica wrote: »

Thanks for the welcome and for the link

Are you saying (in your / general opinion) UU are classing me as a debtor ?

No just the opposite. It appears you have a valid claim against UU.

A debtor is an entity that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person.

However regardless of the validity of the claim any period over 6 years is Statute barred.*


That of course works both ways. Had you(hypothetically) not paid for a service/goods for 20 years, a firm could not go back more than 6 years for any new claim.


* There are some odd exceptions, but generally that is the case.