Utility Debt

[Brainmelt]

Background: Water Account defaulted 2012. Rolling debt added to annually. No court action within that time. Debt not sold on. (shame:-( )

No payment or acknowledgement since that time.

Any payment made now will go to the oldest debt account first to clear that. ie outstanding debt outstanding for 2013? or is it 2012? or earlier

However, is it correct that any water debt owed prior to 2012, not paid or acknowledged is now stat barred? or Do the water authority have additional legal rights to go back further than 6 years.

Also reflection on credit report can only show for the last 6 years, or do the water authority have additional legal rights to show adverse reporting further back than 6 years?

Anyone in the same position/had any experience, and how did the water authority react when contact made to try to resolve? Did water authority insist on going back further than 6 years debt and refuse to

accept payment offer for past 6 years only
remove any adverse reporting on credit report for debts older than 6 years because more than 6 years debt was owed?
or because it's rolling and states the full amount outstanding on the most recent bill the 6 year limitation doesn't count?

[slainte caragh]

Background: Water Account defaulted 2012. Rolling debt added to annually. No court action within that time. Debt not sold on. (shame:-( )

No payment or acknowledgement since that time.

Any payment made now will go to the oldest debt account first to clear that. ie outstanding debt outstanding for 2013? or is it 2012?or earlier
They will attempt to claim from the time you defaulted - 2012

However, is it correct that any water debt owed prior to 2012, not paid or acknowledged is now stat barred? or Do the water authority have additional legal rights to go back further than 6 years.
No, they will tell you they do, it's crap! They can only bill for up to 6 years usage, and this will only apply if they have sent you bills. HOWEVER: If they can prove they have sent you a bill, or you have never requested one this will not apply! They will then be able to chase you for 6 years bills.

Also reflection on credit report can only show for the last 6 years, or do the water authority have additional legal rights to show adverse reporting further back than 6 years?
No, they cannot report further than 6 years. They will threaten to, but the CRA will kick it out themselves! If you have an actual case for removal of makers (debt less than £50, proof you were not liable for the bill, proof you had requested bills and were never sent them etc) you can also have them removed and backdated!

Anyone in the same position/had any experience, and how did the water authority react when contact made to try to resolve? Did water authority insist on going back further than 6 years debt and refuse to accept payment offer for past 6 years only

remove any adverse reporting on credit report for debts older than 6 years because more than 6 years debt was owed?

or because it's rolling and states the full amount outstanding on the most recent bill the 6 year limitation doesn't count?

In all of these cases, they can't. In a former life I worked for a water provider *cough* Thames Water and worked in close contact with their Insight teams (the team that put the markers on accounts). If they refuse a payment, they can and will be seen as being unreasonable by OFWAT. They will REALLY like it if you tell them that too!
The 6 year limitation still stands, and their Operator's Licence states they can only bill for 6 years too... again they will REALLY like you knowing that!

My answers are, as always, in green!

Things to do next.

If any of the back billing rules apply, contact the supplier and tell them (they will love that you know about it). Be prepared to send in proof of non liablity (tenancy agreement saying water is included, proof of different address for the entire time period etc).

If you are on benefits and Backbilling doesn't apply, ask about the Customer Assistance Fund (they will say they don't have one, they do) Also ask about Watersure and Watersure Plus moving forward, ask about Water Direct where a portion of your benefit will be taken directly to pay bills. SO NOT accept a plan you cannot afford! If they insist on an amount you cannot afford, tell them you understand that it will take longer to pay off, but that you are willing to take that chance to be able to pay. DO NOT let them bully you in to making a payment! There is no reason why you should. They are perfectly able to set up a plan without a payment! This is an old trick used by agents to bump up their cash targets, and they will be SO happy that you know about that one too!!

again, if in doubt.. UNLEASH THE CALLIE!!

Please note, I work irregular hours so it may take me a while to get back to you, if I have not responded within 48 hours ask Kati to messenger me!


Callie <3

[nods]

Background: Water Account defaulted 2012. Rolling debt added to annually. No court action within that time. Debt not sold on. (shame:-( )

No payment or acknowledgement since that time.

Any payment made now will go to the oldest debt account first to clear that. ie outstanding debt outstanding for 2013? or is it 2012? or earlier

However, is it correct that any water debt owed prior to 2012, not paid or acknowledged is now stat barred? or Do the water authority have additional legal rights to go back further than 6 years.

Also reflection on credit report can only show for the last 6 years, or do the water authority have additional legal rights to show adverse reporting further back than 6 years?

Anyone in the same position/had any experience, and how did the water authority react when contact made to try to resolve? Did water authority insist on going back further than 6 years debt and refuse to

accept payment offer for past 6 years only
remove any adverse reporting on credit report for debts older than 6 years because more than 6 years debt was owed?
or because it's rolling and states the full amount outstanding on the most recent bill the 6 year limitation doesn't count?

How did you get on with this? I am in a similar boat. Have a water bill for £3400. (Affinity)I believed my EX was paying the bill annually. She never paid for 10 years. I want to settle this, Can I tell them that i will only pay for 6 years worth? that would be about £1600. Do they have to accept that as settlement?

Many thanks.

[slainte caragh]

How did you get on with this? I am in a similar boat. Have a water bill for £3400. (Affinity)I believed my EX was paying the bill annually. She never paid for 10 years. I want to settle this, Can I tell them that i will only pay for 6 years worth? that would be about £1600. Do they have to accept that as settlement?

Many thanks.

ahh Affinity

My second favourite people!

Are you on the bill your ex should have been paying? (I.e does it say Nods & Nods' ex or just Nods?)

If it is in your ex's name, tell them you are responsible from the day your ex moved out, if they should have been paying it, it's up to Affinity to find them.

They will attempt to collect for 10 years, reiterate that until recently the bill has been your ex's responsibilty and if you have a forwarding address, pass that on.

[nods]

ahh Affinity

My second favourite people!

Are you on the bill your ex should have been paying? (I.e does it say Nods & Nods' ex or just Nods?)

If it is in your ex's name, tell them you are responsible from the day your ex moved out, if they should have been paying it, it's up to Affinity to find them.

They will attempt to collect for 10 years, reiterate that until recently the bill has been your ex's responsibilty and if you have a forwarding address, pass that on.

i'm afraid my name is on the bill.

[slainte caragh]

have you been sent bills?

[nods]

there were annual bills but I nver saw them> I just belived they were being paid.

[slainte caragh]

Dammit, back billing won't apply then

You will be liable for the bills, but all is not lost!

I ask these questions not to be offensive but to help, please understand that.

Are you on any benefits or have any finanical hardship that means it will be hard to pay this off? (Yes or no is fine, I don't need details)
Have you made any payment offers yet?
Have they made any expectations of payments?

[nods]

Thanks again for the reply.

My answers are below.

Dammit, back billing won't apply then

You will be liable for the bills, but all is not lost!

I ask these questions not to be offensive but to help, please understand that.

Are you on any benefits or have any finanical hardship that means it will be hard to pay this off? (Yes or no is fine, I don't need details)
No i'm not on bennefits or in finanical hardship.
Have you made any payment offers yet?
No Not yet
Have they made any expectations of payments?
No. They haven't sent any warning letters or escalated to a DCA.