Water Bill from old property

onlyroz

We have been contacted by a debt collection agency over an apparent unpaid water bill from a property we left 8 years ago. As far as we are concerned all the accounts were closed and this is the first we have heard about any outstanding payments. What is the best way for us to proceed? Should we just pay it (amount of £42) or should we challenge this considering the time elapsed? Would this not count as statute barred?

onlyroz

Digging further, it seems that I either need to send the "Prove it" letter:

Dear [Debt Collection Company],
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.

If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.

You are prohibited by Law from continuing any collection activity until you have done so. Failure to obey the Law in this regard will render you liable to prosecution for harassment

Your name

Or the "Statute barred" letter:

Dear [Creditor / Debt Collection Company],
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.

I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred and I will not be making any payments to it.

Under the Limitation Act 1980 you cannot take court action unless you can provide evidence of payment or written contact from me within the past six years. The Financial Conduct Authority rules state:

CONC 7.15.4 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.

CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

If you continue to contact me about this debt, I shall put in a complaint to the Financial Ombudsman.

Yours sincerely, [name]

I am unclear which is best. I have no idea if there is a debt or not - it is apparently with Thames Water and the agency trying to collect is Advantis. A bit of google searching suggests that they are trying it on but are unlikely to take it further.

Any advice?

FireWyrm

Or a combination of the two...

essentially, I dispute the debt entirely, challenge you to prove it but be warned I have no intention of paying because it would be statute barred.

Or....

Ignore and file under 'B' for bin.

Dealers choice. Responding does tend to tell them they have a live one and it is unlikely that you would end up in court for such a stupid amount of money. It would cost them double the debt just to lodge the court papers.

onlyroz

If I file under B for Bin what are the chances of this affecting our credit rating? I saw my own credit report about 6 months ago and there was no mention of any outstanding debt. However this letter was addressed to my husband - I haven't seen his credit report but he has never had any problems getting credit.

FireWyrm

onlyroz wrote: »

If I file under B for Bin what are the chances of this affecting our credit rating? I saw my own credit report about 6 months ago and there was no mention of any outstanding debt. However this letter was addressed to my husband - I haven't seen his credit report but he has never had any problems getting credit.

Slim to none. They wont bother with a CCJ and they cant register a default until they establish that you are the debtor. They cant do that if you dont engage with them. Lodging a court claim is costly on their part. You might get hassled by phone, just put the receiver down again. I doubt very much that they would dare bother you at the door, but on the off chance they do, just close the door without comment.

Alternatively, send them a pi$$ off letter saying that you dispute this debt entirely and unless they can prove otherwise, you have nothing more to say on the subject.