DCA - Water Rates

morgani

Hi there

A quick question I think.

I have been chased by Wescot for suposed owed water rates from 2004.

Can I ask for a CCA even though its for Water rates?

rog2

Hi morgani - Water Rates, as such, are not 'credit agreements' and, therefore do not come under the 'umbrella' of the Cobsumer Credit Act, 1974.
Are you actually 'disputing' the 'alleged debt' for which they are chasing you?
If you feel that the 'debt' is wrong, or that you have no water rate arrears, then you can put in a SAR (Subject Access Request) to the Water Company - there is a cost of £10, but they will be, legally, obliged to send you a copy of everything that they have on file about your account. This will help you to identify any anomalies in the account.
Alternatively, WESCOT must supply you with a full statement of the account on request.

morgani

I thought that would be the case.

Thanks for your help its great.

The situation is a bit complicated really.

We have moved house several times since the alleged debt. We know we were not in the property under question but we may find it difficult to prove.

At the time we rented the property (July 2003) I was only 17 (and also my husband) and we rented off friends (who have now left the country) but due to our age didn't have a tenancy agreement. The house was one split into two and at the time was not listed seperately so we were not on the electorol role. The only bills we had for the property were water. The bank could not find the address to be able to change it. Overall a big polava!
We eventually moved out Jan 04 to rent elsewhere due to these problems and the landlord wanting to sell.

We have the tenancy agreement for the property we moved into in Jan 2004 which may prove helpful as the debt is for Jan 04 - Apr 04. Which will prove we were elsewhere at the time but not that we didn't have both properties.

The debt is only very small but its the principle. The company (Severn Trent) left us without water for a long time during the summer due to the floods (I'm from Gloucester) and will not pay compensation so why should I pay a debt that is not mine?!

Severn Trent also supplied our water at the address following the one in question and have confirmed they have a record of this. We are awaiting a letter from them confirming this. So if we go to court will end up using a letter from themselves against them!

Even though I know they have to prove we do owe it I also know it's very useful to be able to prove you do not.

To request the SOA from wescot do you reccomend the usual template letter but without the CCA bit?

Sorry its long

thanks for all your help

rog2

Hi morgani - the fact that you have proof that you were paying your water rates, in another property, for the period that they claim you owe, should be sufficient. I would write to Severn Trent (rather than phone them) and tell them that you are being 'harrassed' by Wescott for a bill, when you were, in fact, living at another address. Tell them that you were not living at, nor did you own, the property in question and give them the name and address of the owner/landlord.
They should accept this and get Wescot off of your back.
At the very least, you will have put the 'alleged debt' into dispute and, provided that they follow the Office of Fair Trading Debt Collection Guidelines, they should not pursue the debt whilst it is in dispute with the original creditor.
Write to Wescot stating:

'We do not acknowledge any debt to your company, or any organisation which you claim to represent.
The 'alleged debt' which you are trying to claim we owe, refers to a property in which, at the time of the 'alleged debt' we were not living in, niether did we own.
We have written to the Original Creditor (you may enclose a copy of your letter to ST if you wish) and have disputed our liability for this 'alleged debt' with them.
You will be aware that, under the Office of Fair Trading Debt Coillection Guidelines; http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf it is considered as 'unfair practice' to pursue an 'alleged debtor' whilst the 'debt' in question is in dispute with the original creditor.
Any further attempts, by you, to collect this 'alleged debt', whilst it remains in dispute with the original creditor, will be viewed as 'harrassment' and we will report such harrassment to the Tradin Standards Office and other relevant authorities.
Yours Sincerely'

You probably don't need to go down the SAR route, now.

morgani

thanks

the help is greatly appreciated.