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Waffle Water (name changed) have back charged me for water charges liability for my father’s house in which I lived until November 2018. *The charges run December 2017 to June 2019 after which I am liable, but dispute the former period. *I had cared for him until he had to stay temporarily in a care home in December 2017 as detailed below. *Waffle Water claim they are doing this under section 143 of the water industry act 1991. *I dispute this and seek advice on this aspect of law. *‘Deemed usage is the term’
The facts:*
I lived with my father whilst caring for him. *I had lived with him for many years. *In October 2017 he had to go hospital followed by a temporary stay in a local authority care home, ‘step down care’, funded by the NHS, in cooperation with the social services it was intended that he return home, before the six weeks of step down care funded ended, i.e. in December 2017. *This was delayed by a social worker who only worked two days a week. * Finally, his return home was scheduled for February 2018, however, he remained in the care home because he caught a chest infection eventually returning at the beginning of March 2018. *
He was ill and remained at home for four days then went *into hospital. *He returned home again in late March 2018, but, because the social services had provided inadequate care plan the care agency said he had to be returned to hospital. *The hospital admitted him for social reasons. *
He caught infections in the hospital and remained there for three months before being transferred to a nursing home for CHC assessment in June 2018. *
I wrote to the council at the time and they stated that no decision concerning my father’s future had been made and that the decision as to whether to have him nursed at home or to remain in the care home depended on the CHC funding decision that was yet to be made after the CHC assessment following the step down care in the nursing home. *
The CHC decision was delayed but happened in August 2018 and he remained in the nursing home with CHC funding thereafter until his death. *A deputyship order was issued in October 2018 and in November 2018 I went abroad to pursue opportunities there. *The solicitors acting as panel deputy told Waffle Water, in January 2019, that she had moved out in December 2017 and that i was living there. *Waffle Water subsequently sent retrospective bills to me at the address in January 2019, which I did not received until June 2019 when I returned from activities abroad following my father’s death in June 2019 to find final demands. *I supplied an insurance document from the panel deputies which clearly stated that I would only visit the property occasionally. *This ran from February 2018 as the panel deputies canceled my father’s previous house insurance policy. *I also informed Waffle Water that the date of liability commencement was August 2018. *They will not accept this as they have a letter from the panel deputies stating that I was living there. *In fact after November 2018 I only visited the property three times. *The property was under the charge of the deputies. *Waffle water do not regard the insurance document as sufficient that I was abroad and demand council tax or water rates bill for which there is simply no equivalent where I was.*
Advice sought*
I contend on the basis of the letter from the local authority that stated the decisions concerning CHC funding my father was resident at the property until as detailed in the letter from the local authority he permanently moved to the nursing the date of which is in August 2018 and therefore his estate is liable for the water charges until then. *Where do I stand?
I contend that I was not liable for any charges from November 2018 until I returned in June 2019. *Once I returned in June 2019 I lived in the house and accept liability for charges from that point but not before.
Waffle Water are being belligerent and having pursued this through CCwater with little success I need help. *They have now passed the account to debt collectors. *All Waffle Water will state as their legal position is reliance on section 143 of the Water Industry Act and that they demand other proof and that the insurance document is not sufficient and that they are relying on the letter from the panel deputies. *Where do I stand?
*
The facts:*
I lived with my father whilst caring for him. *I had lived with him for many years. *In October 2017 he had to go hospital followed by a temporary stay in a local authority care home, ‘step down care’, funded by the NHS, in cooperation with the social services it was intended that he return home, before the six weeks of step down care funded ended, i.e. in December 2017. *This was delayed by a social worker who only worked two days a week. * Finally, his return home was scheduled for February 2018, however, he remained in the care home because he caught a chest infection eventually returning at the beginning of March 2018. *
He was ill and remained at home for four days then went *into hospital. *He returned home again in late March 2018, but, because the social services had provided inadequate care plan the care agency said he had to be returned to hospital. *The hospital admitted him for social reasons. *
He caught infections in the hospital and remained there for three months before being transferred to a nursing home for CHC assessment in June 2018. *
I wrote to the council at the time and they stated that no decision concerning my father’s future had been made and that the decision as to whether to have him nursed at home or to remain in the care home depended on the CHC funding decision that was yet to be made after the CHC assessment following the step down care in the nursing home. *
The CHC decision was delayed but happened in August 2018 and he remained in the nursing home with CHC funding thereafter until his death. *A deputyship order was issued in October 2018 and in November 2018 I went abroad to pursue opportunities there. *The solicitors acting as panel deputy told Waffle Water, in January 2019, that she had moved out in December 2017 and that i was living there. *Waffle Water subsequently sent retrospective bills to me at the address in January 2019, which I did not received until June 2019 when I returned from activities abroad following my father’s death in June 2019 to find final demands. *I supplied an insurance document from the panel deputies which clearly stated that I would only visit the property occasionally. *This ran from February 2018 as the panel deputies canceled my father’s previous house insurance policy. *I also informed Waffle Water that the date of liability commencement was August 2018. *They will not accept this as they have a letter from the panel deputies stating that I was living there. *In fact after November 2018 I only visited the property three times. *The property was under the charge of the deputies. *Waffle water do not regard the insurance document as sufficient that I was abroad and demand council tax or water rates bill for which there is simply no equivalent where I was.*
Advice sought*
I contend on the basis of the letter from the local authority that stated the decisions concerning CHC funding my father was resident at the property until as detailed in the letter from the local authority he permanently moved to the nursing the date of which is in August 2018 and therefore his estate is liable for the water charges until then. *Where do I stand?
I contend that I was not liable for any charges from November 2018 until I returned in June 2019. *Once I returned in June 2019 I lived in the house and accept liability for charges from that point but not before.
Waffle Water are being belligerent and having pursued this through CCwater with little success I need help. *They have now passed the account to debt collectors. *All Waffle Water will state as their legal position is reliance on section 143 of the Water Industry Act and that they demand other proof and that the insurance document is not sufficient and that they are relying on the letter from the panel deputies. *Where do I stand?
*
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