Thames Water Nightmare

Jonny1275

Hi, I’m looking for some advice about an ongoing situation I have with Thames Water if anyone can help.

 

Early last year I entered into a repayment arrangement as I had got behind with my bills with being unable to work during Covid restrictions. In March 22 I was struggling to keep up with the arrangement and after numerous phone calls Themes Water sent the matter to the country court. I submitted a defense agreeing that I owed the water changes but that I felt Thames Water had jumped the gun going to court.

 

The default… Two months later Thames Water wrote to me demanding a full payment that included the court fees and solicitors costs of the claim that was still going through court, or they would place a default on my credit file. I did not pay the amount as the costs and solicitors fees had not been awarded by the court as the case was still ongoing, but Thames Water still placed a default on my credit file for the full amount they had asked for.

 

The CCJ…. Earlier this year Thames Water wrote to me asking me to immediately pay an amount (which after investigation was the court claim amount + courts costs + solicitors fee + judgment application fee) or they would seek an attachment of earning order. When I called them they told me that a judgment had been entered against me two weeks previously and that if I didn’t pay within 14 days they would seek the AOE’s with no further notice. After a lot of panicking I called the court and after a long wait the advisor told me that no judgment had been issued and that the case was still on hold awaiting dismissal as Thames Water had not submitted the correct documentation!

 

When I called Thames Water back they still insisted that the judgment had been issued and initially would not discuss matters with me until I made full payment, however I finally got through to a different department and the penny finally dropped with them. Then it was a case of forced apologies and the court fees being removed from the amount owed.

 

To my question…. I asked Themes Water to remove the default as I feel it was incorrectly placed as the amount was wrong, they have refused. As I am now quite mad about their actions I initially would like the default addressing and quite selfishly would like to see some form of compensation for the stress their outright lying has caused.

 

Any ideas on how I go about this or what exact rules Thames Water will have broken claiming they had secured a CCJ to extract payment, and placing a default on my credit file for monies that they were not owed?

 

Many thanks in advance

 

macman

If you agreed a repayment schedule and then breached it then it's inevitable that the supplier will seek a CCJ as the next step, and  a defence of 'jumping the gun' is unlikely to succeed, as the reality is that the debt is valid. 
Are you not able to agree a revised and realistic ongoing repayment schedule with TW to fend off an AOE order? That would be a better course of action than wasting your energy trying to get compo for 'stress' due to TW's incompetence, which is more likely to be the reason for this, than a deliberate attempt to mislead you?

Jonny1275

@macman... please read the post correctly before replying.

Thames Water were aware I was having difficulties, and despite keeping in touch and trying to work through the issue they progressed it to court adding additional fees which I couldn't afford. My defense was that they had progressed to court with no warning, a very actionable defense.  

In terms of the AOE, TW removed all of the court fees and ceased any further action when I informed them that they had lied about the judgement. I have already agreed a repayment plan to clear the original debt. 

The 'compo' claim as you put it originated as I asked them to address the incorrect default they placed on my file, when they refused I decided I would take some form of action. 

In short, TW asked me to immediately pay an amount or they would place a default on my file, however the amount included monies that they were not owed. If I had bowed to the threat they would have obtained money from me that was not owed! 

They then threatened an AOE if I didn't immediately pay an amount which again included monies that they were not owed. If I had bowed to the threat they would have obtained money from me that was not owed!