Thames Water

[scooby0606]

Got a bit of a poser, Thames water are taking me to court for unpaid water bills from 2006 to 2011. I have an issue with this as I dont think I am the responsible party and have toild them this in the past (which they choose to ignore), heres the story:

In 2003 my partner purchased a house and I moved in with her. All the bills were to go in her name and some of them were given my bank details to take payment from. In 2006 we split for 9 months and I moved out. Late 2006 I moved back in and in 2008 we married. Since I cancelled the payments in early 2006 none have been paid. They wrote to me (via Bryan Carter in 2010) threatening legal action and I replied advising I wasnt the responsible person as the sole owner occupied the property and has since day 1.

I then got a summons last month for the whole of the period which I have disputed and am due in court next month.

I cannot see how I am liable for the charges when my Wife (soon to be ex) solely owned the property and has occupied it since day 1. They say the bill is in my name (which I never gave permission to do) and I am liable as the occupier, but when I have researched it, I have found references to water companies using council tax rules for charging and on the basis of those I am way down the list of responsbile people and my wife plum at the top. It doesnt seem fair that I get a ccj and she gets nowt !!

Any advice ?

[miliitant]

Re: Thames Water

I am looking into this for you

i believe if a utility company does not Give you a bill for the previouse 12 months then they cant collect

did you actually receive bills regular for the periods in question

[miliitant]

Re: Thames Water

The code of Practice for Accurate bills (the Code) has been developed by the Energy Retail Association (ERA) with POwergen, British Gas, EDF Energy, nopwer and Scottish Power to address action raised in Ofgem's response to the Billing Super Complaint for domestic customers.

These companies all support the independantly-audited Code of Practice and are committed to the Code as a minimum standard of service for customers. The Code states that:

"From the 1st July 2006 where the supplier has been at fault in not billing a domestic customer the supplier will not send a bill which includes energy consumed more than 2 years previous to the bill being issued. From 1st July 2007 this period will reduce to 1 year" (Clause 3.5)

This Code is effective from 1 July 2006.

This policy does not apply to
Business customers
Customers paying on a prepayment meter (there is a seperate policy for PPM)
Customers obtaining energy illegally (e.g. interfering with their meter)

2.1 Energy Consumption

2.1.1 A bill has not been sent in two years
Where the supplier is at fault in not billing a customer in the previous two years, we will not bill a customer for more than two years worth of consumption unless it's in the customer's favour; the consumption relating to the oldest period (i.e. the period older than two years) will be withdrawn.

For the purpose of 2.1.1, the supplier is at fault where they have made no attempt to bill or communicate with an existing customer during the previous 24 months

[miliitant]

Re: Thames Water

if the bills were not in your name i cant see how you can be made resposible

have you seen a bill in your name

[scooby0606]

Re: Thames Water

Yes they have billed in my name, but not at my request nor with my authority. I have told them this before (in writing in 2010) but they persist in billing me. My then partner (now wife, soon ex) owned / owns the property not me (when she bought it I had to sign something to say I had no interest in it) which is why I dont understand it is me they are billing and taking to court and not her. I have read somewhere before that if the owner is in occupancy they are the liable person as per council tax billing rules, I just count as soneone that 'lived there with permission'.

[bluebottle]

Re: Thames Water

Speak to your local Law Centre or CAB - tomorrow.

[scooby0606]

Re: Thames Water

I put a post in a solicitors forum and the reply thought that perhaps they should be taking action against both of us (which would be ok) but nothing really conrete enough to give me any confidence. I am pretty much relying on this coucil tax rule that apparently water billing is 'similar' to

Ordered list of categories of persons or hierarchy of who is responsible for Council Tax on any property – the “the liable person”(from Section 6, Part 1 Local Government Finance Act 1992)
1 Who lives in the property and owns it
2 Who lives in the property and has a lease (this includes “assured tenants” under the Housing Act 1988
3 Who lives in the property and is a “statutory” or “secure” tenant
4 Who lives in the property and isn’t a tenant but has permission to live there
5 Who lives in the property (for example a squatter)
6 Who has a lease of six months or more on the property, but doesn’t live there
7 Who owns the property but doesn’t live there

However in the same act I have just read this:

9 Liability of spouses.E+W

(1)Where—
(a)a person who is liable to pay council tax in respect of any chargeable dwelling of which he is a resident and any day is married to [F1, or is the civil partner of,] another person; and
(b)that other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable,
those persons shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.

S apart from the 9 months when I didnt live there am I on a hiding on to nothing or should I argue that the case she be struck out as it should be ussed against us jointly

[bluebottle]

Re: Thames Water

If during the period in question you and your soon to be ex were living at the same address, then, yes, you are both liable. In the case of a civil partnership, this needs to be a registered civil partnership, not simply co-habitation. In the case of co-habitation, it is the person who is the principal tenant, in the case of rented accommodation, or owner/occupier whose name appears on Land Registry records, in the case of purchased property.

I still feel you should speak to someone at your local Law Centre who can advise you as per local conditions.

[scooby0606]

Re: Thames Water

Hmm, they didnt show, got struck out.......... Just wait for it to be re-instated I guess