Southern Water Taking me to court

[jaydp]

Hi Everybody - I do need some help here although it seems clear cut advise would be helpful.
I had a business in 2005-2008, The building was a shop on ground floor and residential upstairs. I had the lease for the shop and upstairs was sold by the landlord to some one else. we had one water meter for the building. at the start of the lease the landlords solicitor sent a letter with a water bill stating that I was to pay 20% I sent the cheque to them, somewhere along the way the landlord changed the account into my name as the water board told him that the meter should be seprated. we had one hand basin and a toilet in the shop.
thereafter i statred to get the bills for the water only in my name, which I disputed. Southern water even came to the shop to cut the water supply which we said no problem go ahead, we use a kettle and we can use the toilet in the pub across the road.. They realised that upstairs was a residential property and didnt cut the supply. since then we have been toing and froing, apart from now they have sent me a court claim claiming the full amount. I would ask for your advice and help on this matter please. thankyou.

[CCWater]

Re: Southern Water Taking me to court

I passed your question on to a colleage at the Consumer Council for Water and he just came back with a bunch of questions.

Do you still have the tennancy agreement or the letter from the solicitor? Are there now 2 meters for the property? Do you still have the records of your disputing the bill with Southern Water?

The Consumer Council for Water can give free advice on the situation. Give them a ring & they should be able to help. Contact the Consumer Council for Water London & South East

Ask for Alistair. He's seen your post too.

Sorry we just need more info to give you propper advice.

thx!
Amy

[jaydp]

Re: Southern Water Taking me to court

Hi Amy,

Many thanks for the info, The lease agreement is with the solicitor, and I am not sure whether it stipulates the water rates in the lease. The landlord basically seperated the building into two before we took the lease. He sold the upstairs flat with a 99yrs lease and the commercial lease we had was for 25yrs. The first letter we recieved was from thier solicitor and stated that they had paid the 6months water rates and it was apportioned 20% to me and 80% upstairs. I sent the cheque for my share.
after about 5 months the landlord called Souther Water and transferred the account into my name and therefore the bills came to me for the whole building, unfortunately I only made telephone calls and didnt write any letters disputing this. Southern water even came to the premises to cut the water which I said fine go ahead I only use a kettle for tea and the loo 2-3 times a day. but then they checked and found that the water supply was also for upstairs, so they went off even showed the letters from the Landlords Solicitor clearly saying my part of the payment on the previous bill.
I will call the consumer Council for water and ask for Alistair.
I just need to prepare the defence for the court claim, as I have a limited time before they order a judgement against me. I have Acknowledged the Service yesterday saying it will be defended.
thank you again.
Jay
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sorry I seem to have repeated a bit from my first post !!!
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Hi Sorry I forgot to say that I have called the Consumer Council when I posted yesterday, apparently my file is with a case worker named Mr Roberts, I was not able to get through to Alistair. I was wondering whether Alistair could IM me on this forum to discuss the matter???
thank you

[CCWater]

Re: Southern Water Taking me to court

Jonathan is brilliant & he'll certainly be able to give you some advice too. He's spoken to Southern and they claim that they have been billing the flat upstairs seperatley (so the bill you've been getting is for just your business and they'd expet you to pay 100% of it, as they'd expect the people in the flat upstairs to pay 100% of the water bills they'd recieve.) The bills, however, have been based on the rateable value of your shop, not a meter. If there is a meter on the property, Southern Water say it isn't theirs. The average rateable value bill in Southern Water's area is £393 pa, but you'd need to discuss with one of my colleagues (Jonathan, Alistair, they're all pretty cool) how much you're being charged, and the size of your premesis/etc to work out if the bills you're getting are representative of the whole building or just your bit of it.

Thanks!
Amy

[jaydp]

Re: Southern Water Taking me to court

Hi Amy brilliant thanks for the info, the charges they are asking are 31/3/07 528.54 31/8/08 643.10 and 7/11/08 423.97. I have not recieved these bills nor have I recieved any notice or information that they are billing me on these terms. I am still awaiting a call from Mr Roberts. Southern water have said the meter is thiers when they visited.??? odd that now a complaint has been made. any ideas what I should do with the court claim by them? thanks for your time.

[CCWater]

Re: Southern Water Taking me to court

Thanks for the info! Jonathan or Alistair will be in touch to talk things through with you.
Amy

[jaydp]

Re: Southern Water Taking me to court

Hi I am a bit worried about the court claim as I believe they will pursue this quickly rather than let me try to give the evidence, I was wondering if any one can have a look at the defence I have written in order to buy me the time to correspond between southern water and the consumer council of water. I have attached my defence any help would be appreciated.