Can utility companies justify "getting a response" for sending bills to wrong address

[Davetheranger]

Hi all,

I'd really appreciate some advice on this.

the background:

a company letting commercial properties was not paying their water bills. The water company, through gaining our address from an unknown third party informant, started sending the bills to my address. My other half is a named director on the business but our address has nothing to do with the company. She is involved merely as a named director when its really her father who runs the business - and "forgets" to pay the bills.

She rang the water company to say the bills shouldn't come to this address but the guy on the other end of the phone kept saying that "because he had got a response he was justified in using our address" - surely this cannot be right!!!

She tried to put him right but he wouldn't accept her word.

today we received another bill from the same water company for another one of her fathers properties. Can the water company just start sending any bill they want to our address just because they "got a response"?????


personally I don't want this address attached to any part of her fathers business and I certainly don't want debt collectors coming here.

any advice on the right way to sort this out would be appreciated. Particularly any info on what to say to the water company to stop them using our address.

Thanks for your time.


Dave

[labman]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

I hope sincerely this doesn't involve you, but this is what I found about directors from Business Debtline:




The role of the director includes a duty of care to the company, its shareholders, employees and creditors. The director cannot be help personally liable for the company’s debts unless:

· The director’s personal PAYE and National Insurance (NI) contributions remain unpaid.

· Cash drawings have been taken from the business, in this case the director will be liable for their own Income Tax.

· Personal guarantees have been given on behalf of the company. This is a signed agreement that you can be held liable for a debt should the company fail to pay.

· In the even of the company being formally wound up the director the director is found guilty of the following:

§ Wrongful Trading: continuing to trade to the detriment of the company’s creditors when the company is insolvent e.g. continuing to draw a salary when the company is trading at a loss.

§ Fraudulent Trading: deliberately trying to defraud creditors or knowingly being party to the fraud taking place e.g. taking money from the company and falsifying the books.

§ Misfeasance: taking company funds/property for your own gain at the expense of the company’s creditors e.g. taking a salary rather than paying the company’s creditors.

All of the above are considered offences under the Insolvency Act 1986 and can result in the director being held liable for all of the company’s debt and the disqualification of the director.

[wales01man]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

I stand to be corrected but if they are a director their address is on public record at companies house? The Op should check that the companies registered address is not theirs if letters keep coming readdress them to the companies registered address and inform utility company of the address

[charitynjw]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

In broad terms, a limited company is a legal entity, separate from it's directors & shareholders.

The directors' liability is the value of unpaid shares only, except, as labman states above, they have given a personal guarantee, or are guilty of certain unlawful activities (ie, fraud, misrepresentation, etc.), or various 'strict liability' offences (ie corporate manslaughter)

[labman]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

corporate manslaughter)

......over a water bill! A bit excessive!

Only joking for the sake of the OP!

[charitynjw]

Re: Can utility companies justify "getting a response" for sending bills to wrong add



The new utility company initiative for debt recovery!

[Davetheranger]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

Thanks people - your help is much appreciated.

do you know if the water company is allowed to start chasing a new address for a company following information they've gained from "an anonymous third party"? They wouldn't say who they got the info from but surely "getting a response" is not a reason to start redirecting bills to an address that isn't affiliated with the business the debt is for?

i need to speak to the water company Monday so any help would be great.

Surely if they sent the bill to a random house they would more than likely get a response.

is there any scope for claiming harassment?

thanks again,


dave

[labman]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

Sadly, you'll find it's pretty common practice for people chasing debts, either companies or DCA's. They even use investigation agencies. :beagle:

[charitynjw]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

http://www.legalbeagles.info/forums/...144#post371144

[labman]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

It's the first post of the above link!

[Animal]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

It is my understanding that a document served on a director of a company is deemed served on the company.

Your other half should send the document to the other directors and keep a record of doing so. If there is a genuine debt, then she should also be asking the other directors for an explanation...

[enquirer]

Re: Can utility companies justify "getting a response" for sending bills to wrong add

Your other half should send the document to the other directors and keep a record of doing so. If there is a genuine debt, then she should also be asking the other directors for an explanation...

Indeed - this may be a good time to stop being a Director.