SOuthern Water Default

Ticey75

Hi All, I've recently discovered that Sothern Water have issued a default on my credit file for an outstanding amount of £214.82 even though I had made a partial payment of £77, I've had no correspondence from Southern Water to say they are going to enter this onto my credit file and I'm not sure that they can legally do this even after a partial payment has been made? Your advice would be gratefully appreciated on how to get this removed.

National_Debtline

Hi Ticey75, welcome to MSE.


It will depend on the terms of your partial payment, did Southern Water agree (in writing) that they would accept £77 and not chase for the remaining balance (and mark your credit file with a zero balance) or did you send the £77 because that was all you could afford at the time and still needed to pay the rest?


If it was the later then the default may be correct, which means unfortunately if cannot be removed. A default can only be removed if it is incorrect data. If you think that you can show the account was paid up to date (or there you have a written agreement for a settlement amount) then you may be able to complain to try and get the default removed. Complain to Southern Water first and escalate to the Information Commissioner if necessary.


Laura
@natdebtline

WannaBLoaded

National_Debtline wrote: »

Hi Ticey75, welcome to MSE.


It will depend on the terms of your partial payment, did Southern Water agree (in writing) that they would accept £77 and not chase for the remaining balance (and mark your credit file with a zero balance) or did you send the £77 because that was all you could afford at the time and still needed to pay the rest?


If it was the later then the default may be correct, which means unfortunately if cannot be removed. A default can only be removed if it is incorrect data. If you think that you can show the account was paid up to date (or there you have a written agreement for a settlement amount) then you may be able to complain to try and get the default removed. Complain to Southern Water first and escalate to the Information Commissioner if necessary.


Laura
@natdebtline

Hi Laura,

Similar to the op, kinda. I have lived in a property for about 3 years and never paid the water bill. The letters i receive are in the name of someone who doesn't live here.

Anyway, when the time comes that i must pay my water bill (although i am thinking that because the guy who the bills are addressed to doesn't live here, and nor will i soon, i may not have to pay anything ;) and it probably wont affect the other guy?) let's say i pay the bill in full whatever it is, 700 quid or what have you, will they update my credit file with anything like 3 years of late payments?

I am hoping not because i don't even have a contract with them really..

I'm not a freeman of the land by the way or anything like that, just tight.

I like national debt-line by the way, you are the people who know what they are talking about. ;-)

DevCoder

You do have a contract with them, by using their services you have a "deemed contract"

The utilities act 2000 states

"Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time when he began so to supply electricity."

Ofgem have clarified as to when a deemed contract is considered "applicable" in that once electricity or gas is "consumed" (so you can't have a deemed contract if the service is provided but nothing is "consumed"

This is very common and is used in a lot of cases where the occupier changes.

This is why you can move into a new place after someone else has left and be given a service and billed for it without you signing anything.

As the wording above also stipulates the occupier consuming the electricity then this leaves it open for the change of occupier to be billed for their own consumption. which is why its important that the utility service is notified of end and start meter readings so someone doesn't end up being billed for electricity consumed by another party. (you can argue this with proof that your tenancy or habitation of the premises started on X date).

WannaBLoaded

how do they know that i haven't been showering in volvic, though?

I guess their retort would be that you should have told us to disconnect the property? Or have a meter fitted.

If i move out, though, and someone else moves in. How will they ever know who lived here? I think if the new person that moves in starts paying, which they will, it is a family member and i am leaving to buy, then all it seems they will do is send out bills in the name of a guy who moved out over 3 years ago? And is now the legal occupier of another property?

Unless they have hard evidence of who lived here, they can't go around taking action?

I don't know, i will probably end up paying it if it starts to look like my free ride could hit the curb and roll.

GingerBob_3

You don't have a deemed contract with a water company; you don't have a contract with a water company; you have nothing with them. There are no T&Cs regarding the supply. Your "relationship" with the water company is broadly similar to that you have with the local council; you just owe them money for what they supply and take away. It's a monopoly. Will they blacklist you at the credit reference agencies if you don't pay? Only if they know who you are - so the trick here is to make that as difficult as possible for them. Never, ever, contact them by phone or online. Only ever write to them as "the occupier".

Westminster

And meanwhile - the rest of us will pay more (just like the hefty portion of our car insurance dedicated to uninsured loss).

Thanks.

GingerBob_3

Westminster wrote: »

And meanwhile - the rest of us will pay more (just like the hefty portion of our car insurance dedicated to uninsured loss).

Thanks.

You would pay more regardless.

WannaBLoaded

GingerBob wrote: »

You would pay more regardless.

I'm gonna do my best to get out of paying. :money:

A_Flock_Of_Sheep

GingerBob wrote: »

You don't have a deemed contract with a water company; you don't have a contract with a water company; you have nothing with them. There are no T&Cs regarding the supply. Your "relationship" with the water company is broadly similar to that you have with the local council; you just owe them money for what they supply and take away. It's a monopoly. Will they blacklist you at the credit reference agencies if you don't pay? Only if they know who you are - so the trick here is to make that as difficult as possible for them. Never, ever, contact them by phone or online. Only ever write to them as "the occupier".

GingerBob is right...

NEVER, NEVER, NEVER give your real name to ANY utility companies.

People never learn this. Always use "The Occupier" where ever possible and if this isn't ALWAYS use a false name.

Utility companies are toxic credit - they are unregulated credit agreements and they have jumped on the bandwagon of credit reporting when they have no business doing so. The possibility of misreporting to CRA's by a utility company due to the dynamic variance of billing is high.

Let them report "The Occupier" or a different name and keep your credit record clean for proper regulated agreements such as cards and loans.

This advice should be made a sticky on this board and any utility boards.