Southeast Water - Solicitors Letter

sarah1980

I don't know if anyone can help me with this. My husband and I moved out of a property in November 2005. This was a rented property and we received our full deposit back a month or so after we moved out. One of the stipulations of the letting agency was that, to release our deposit, they had to have confirmation that all the final utility bills had been paid. I assume they got this, as we had our full deposit returned.

A couple of weeks ago we received a letter at our new home, from a debt collection agency called Roxburghe, saying we owed SE Water £63 and that they had been instructed to recoved this money.

I telephoned them immediately to explain that a) we had vacated that property some 2 years ago, and had never had an initial demand for payment, nor any reminders - it went straight to this debt collection agency. They said that we owed this money, and it "would be in our interest to pay up and ask questions later". they also threatened that if we did not pay up, the matter would go to court and we wouild be liable for their costs as well as our won. I pointed out that we would only be liable for their costs if we lost the case, to which they replied "yes, but this has gone down as a black mark on your credit file now, so if you went for a loan or credit card you would probably get turned down."

Now I have credit cards, TWO mortgages (one on a BTL), a mail-order catalogue and a car lease, plus I am a small business owner so I am assuming this error (and it does seem to be an error) will not affect my credit score?

Also, the house we bought is under a mile away from where we used to live and so we still have an account with Southeast water - it's not as if they have been trying to get hold of us for the past 2 years, we have been paying them for the water at our new home continuously! And the letting agency also gave them a forwarding address for us!

And to top it all off today I got a phonecall from a firm of solicitors - Graham White in Byfleet - while I was at work. they left a message ono my answerphone at home asking for a call back.

I haven't called them back yet, but before I do is there any advice anyone can give? I understand you can't give legal advice on here, but I am really at my wit's end with this, it is not the money but the principal - why should I pay them £63 which I don't even owe?

I have tried speaking to South-East water and they have said they would sen me a copy of the account statement. I rang them nearly 2 weeks ago and the statement hasn't turned up yet :sad:

Cardew

Whilst everyone would have sympathy with you, it seems there are 2 issues. Are you liable for the debt? - and the 'principle' involved.

That you got your deposit back is surely no proof that you "don't even owe" the money. Unless of course you have a valid bill for the water up to the date you left.

Could it not be that the letting agency forgot about the water bill - often happens - and you had apparently assumed that the letting agency had got this confirmation.

I think it is fair to assume that the bill is outstanding unless of course you have proof that you paid it. If the letting agency had paid it would they not have deducted it from your deposit?

On the 'principle' issue, I would totally agree with you. This practice of Utility companies(whose accounting is usually dreadful) simply handing defaulting accounts to DCAs(Debt Collection Agencies) is a disgrace. People end up like yourself, getting an entry on their credit reference file without even being aware of the fact. - and getting rid of the black mark is not easy.

The first thing I would do is see if you can prove that you paid the bill - if not you have difficulties.

I doubt that your old letting agency will help, and returning your deposit(assuming the bill was not paid) simply proves they made a mistake.

If you have paid, then go to court.

The big problem is if they decide it is not worth taking you to court, but the 'black mark' remains on file.

birchscrub

No pint in waiting for a utility company to do anything because they won't - if you want that bill you must harrass them into sending it to you. They may have sent it but more likely than not it will have gone to the old address.

Speak to them again, if you have a fax ask them to send it - or sort out with someone who can receive it for you. Get the name of the operator when you speak to them, and try yo be nice. The South East Water call centre is being shut down with 130 redundancies so they are not the most motivated at present. Ask them to fax it by a ceratin time and then you can call them back if it doesn't appear. Make sure this is within a short timescale - you want to deal with the same person again on the same shift if it doesn't appear.

You'll then know whether it is their mistake or yours. If the account is still outstanding then settle it straight away. The you can worry about putting note on your credit file to limit the damage.

As for the solicitors - best to phone them back and understand what is being progressed. No harm in telling them you belive there has been a mistake and you are collecting the evidence to prove it. But telling them that their client (SEW) has been slow will cut no ice - they will expect you to magic the evidence up from nowhere despite the obstacles in the way. Just relax with this - it is only a credit file, not a loaded gun pointed at your head.

Apathyawakened

sarah1980 wrote: »

A couple of weeks ago we received a letter at our new home, from a debt collection agency called Roxburghe, saying we owed SE Water £63 and that they had been instructed to recoved this money...

write to the agency saying you are not owing money as the company would have ben in direct contact should this be the case and should they persist you will take it up with the trading standards office as their claim is illegal.

Roxburghe are a very dubious company who buy up so called debts and try to solicit money from people by making them afraid of being taken to court. Much of their activity is illegal so only correspond in writing and keep records of your correspondence. Copy all to the SE Water and ask them if the debt is real, if so ask why they have not contacted you directly and refuse to deal through the collection agency. If they waffle advise you will refer the case to the ombudsman. At no time agree to paying the agency.