Anglian Water

[vickyticky]

Hi everyone, I would really appreciate any suggestions or advice regarding an issue I am having with Anglian Water.




I received correspondence from the CNBC, on 30 January 2024, stating that Anglian Water have decided to commence legal action against me for non-payment of the water bill. I have denied that I owe the amount that Anglian Water is claiming. I usually pay for my annual water bill on a monthly basis. Anglian Waters’ statement of case states that the account is for the period starting 1 April 2021to October 2023, however, I didn’t move into this property until August 2022.




I have paid every months payment for the past 16 months, I keep the payment slips and receipts every time I make a payment. In November 2022, Anglian Water sent me another set of monthly payment slips in addition to the monthly payment slips they had sent me in August 2022 (when I moved into this property) they were for the same period and overlapped with the August payment slips.




I went onto the credit file website several months later to see that Anglian Water had reported to the credit check company that I had not made any payments during the past 6 months, I knew this was false as I had the payment slips and receipts to prove it.




As I had received the legal correspondence in January 2024, I decided to check on my credit file again to see if Anglian Water were still claiming that I hadn’t made any payments and they were, however, in addition to this they had also set up an account, pulled a figure out of the air, stated that I hadn’t paid it and then proceeded to close the account, they then repeated this a further two times, I had no knowledge at all that these three accounts had been set up, claimed by Anglian Water to have not been paid by myself, then closed. If I had not gone onto the credit check website I wouldn’t have known about them.




This property I have moved into has a water meter and I use on average £28.00 per month, Anglian water are still charging me for an annual water bill regardless of the significantly less amount of water I am using on a water meter, they estimated that I use £60.00 of water per month, they have overestimated my water use by £32.00 per month, the water meter shows this. It seems that Anglian Water are charging me for water which I haven’t used yet and am unlikely to use during the billing period, but are determined to pursue me through the legal system.




I didn’t manage to send my defence to the CNBC in time to ask for an extension of time due to currently going through cancer treatment (exhaustion due to the treatment is affecting me a lot at the moment) but I have sent in a request for a set aside, although I have been told by the CNBC that due to their backlog, it is likely that the bailiffs could visit my property this week due to CNBC not putting my request for a side aside on the system yet (I sent it middle of February 2024).




I know this is a bit long-winded but any advice or suggestions would be appreciated.

[echat11]

Hi Vicky

Welcome to LB

I hope you feel better soon and the treatment is successful.
The last thing you need is a water company that isn't listening.

a) Send Anglian Water a Subject Access Request, they have 30 days to provide all the data on the water meter. Make sure you get Proof of Postage. Once you get the information go through it. Make you case with your readings.

https://legalbeagles.info/library/gu...ccess-request/

b) Lodge an official complaint with Anglian, email it to their Managing Director, explain what's happened and tell him, that you are undergoing cancer treatment (copy the letter to you MP, make sure the Managing Director knows it's being copied to your MP) -

Peter Simpson
Managing Director
Anglian Water
psimpson@anglianwater.co.uk

https://members.parliament.uk/FindYourMP

c) You are classed as a 'Vulnerable Person) due to your health i.e. cancer treatment etc.

Email the bailiffs the following template but also print it out, put it in an envelope, keep by door (hand it to them through the window).

https://www.citizensadvice.org.uk/de...re-vulnerable/

https://www.nationaldebtline.org/sam...vulnerable-ew/

d) fill in the following, copy and paste back onto this thread without personal details -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[vickyticky]

I received a claim from Anglian Water via CNBC for non payment of water bill

The issue date was 18 January 2024

I acknowledged the Claim

The total amount they are claiming is approx £1000

The claimants are Anglian Water

There is no mention of a solicitors firm to respond to only a male named as a legal representative

The debt isn’t Statute Barred

The letters I have sent are, the Acknowledgement of Service, request for a Set Aside, to the CNBC.

A letter to Anglian Water requesting a Set Aside consideration.

The Particulars of Claim has very little information on it other than I owe them payment.

There is no mention of any payments I have made or statement of payments which I would have expected to see. They seem to have put the minimum amount of information possible on the forms.

[echat11]

So you've sought consent for the set a side from Anglian Water and CNBC giving reasons why they should agree to the set a side?

Who are CNBC? (I think you've got the abbreviation wrong)

You need to do (a), (b) and (c).

[vickyticky]

Yes, I have requested consent from the Civil National Business Centre for a a Set Aside.

I requested consent from Anglian Water for a Set Aside.

I am still waiting for a reply from CNBC and Anglian Water to the Set Aside request/consent

I sent a SARS request to Anglian Water yesterday

I sent a complaint to Anglian Water yesterday

I don’t know who the bailiffs employees are, how or where do I find that out?

I already have the letter ready at the door for the bailiffs to look at.




Is there anything else I should be doing that I have missed out?

[echat11]

Yes, I have requested consent from the Civil National Business Centre for a a Set Aside.

I requested consent from Anglian Water for a Set Aside.

I am still waiting for a reply from CNBC and Anglian Water to the Set Aside request/consent

I sent a SARS request to Anglian Water yesterday

I sent a complaint to Anglian Water yesterday

I don’t know who the bailiffs employees are, how or where do I find that out?

I already have the letter ready at the door for the bailiffs to look at.




Is there anything else I should be doing that I have missed out?

Once you get consent from Anglian Water or what they say update the thread.

CNBC can't give consent.

You apply to the Court to set a side the Judgement with consent or without consent.

I can't be 100% but the bailiffs might be Marstons - https://www.marstonholdings.co.uk/

Just what's in this post.

[vickyticky]

Thank you Echat11, I'll update when I receive anything, your help is much appreciated

[vickyticky]

UPDATE – I have received a letter from anglian water today stating that they are now going to send enforcement officers to my house. This is the first letter I have received from them since the claim form via cnbc to inform me of the debt. I have written to anglian water 3 times now, all letters with proof of posting receipts, regarding my set aside request and acknowledging my letters, they have not replied to any of the letters. I rang the cnbc today to ask if my request for set aside has been received and put onto the system yet, (it was sent in feb), their reply was no it hasn’t yet and they said I should re-send the whole lot of paperwork again! Any suggestions to what I should do next regarding anglian water ignoring my letters?

[echat11]

UPDATE – I have received a letter from anglian water today stating that they are now going to send enforcement officers to my house. This is the first letter I have received from them since the claim form via cnbc to inform me of the debt. I have written to anglian water 3 times now, all letters with proof of posting receipts, regarding my set aside request and acknowledging my letters, they have not replied to any of the letters. I rang the cnbc today to ask if my request for set aside has been received and put onto the system yet, (it was sent in feb), their reply was no it hasn’t yet and they said I should re-send the whole lot of paperwork again! Any suggestions to what I should do next regarding anglian water ignoring my letters?

O.K., you are classed as a 'vulnerable person', ill health.
Because of that, there are things that bailiffs can't do.

https://www.citizensadvice.org.uk/de...re-vulnerable/

Just in case Marston's are minded to ignore that, email the following letter to them. Email a copy to Anglian Water.

Also, place a copy in an envelope, keep it by the door, hand the letter to the Marston's bailiff through the window or letterbox. They should hand the account back to Anglian Water.

https://www.nationaldebtline.org/sam...vulnerable-ew/

Have you done a) b) and c) in post 2?

[vickyticky]

I have done a, b, and c in post 2, I did that about 5-6 weeks ago, but no reply to my subject access request or to my letters, but this seems to be usual for anglian water, they don’t reply to any of my letters then state that they haven’t received any correspondence from me. It isn’t until I send them a copy of my proof of posting that they mention that they did receive my letters.

[echat11]

Make a formal complaint to the ICO, they have 30 days to provide the information, providing you've sent a chase letter.

https://ico.org.uk/for-the-public/ge...happy-with-it/

[vickyticky]

UPDATE – I have received a letter today from ‘High Court Enforcement Group’ based in Colwyn Bay, it states at the top of the letter ‘Letter before application for a writ of control’. I rang them and spoke to a female who answered the phone, she was extremely rude when I spoke to her so I asked for her name and was told ‘Miss Lightbarn’, I was going to to complain about her but it seems there is no Miss Lightbarn who works for them! The CNBC have received my application for a Set Aside but apparently Anglian Water have decided that they are appointing private bailiffs to come to my house while this Set Aside is still going through the CNBC system. Are Anglian Water allowed to do this?

[echat11]

UPDATE – I have received a letter today from ‘High Court Enforcement Group’ based in Colwyn Bay, it states at the top of the letter ‘Letter before application for a writ of control’. I rang them and spoke to a female who answered the phone, she was extremely rude when I spoke to her so I asked for her name and was told ‘Miss Lightbarn’, I was going to to complain about her but it seems there is no Miss Lightbarn who works for them! The CNBC have received my application for a Set Aside but apparently Anglian Water have decided that they are appointing private bailiffs to come to my house while this Set Aside is still going through the CNBC system. Are Anglian Water allowed to do this?

c) Don't delay doing this,

You are classed as a 'Vulnerable Person' due to your health i.e. cancer treatment etc.

Email the High Court Enforcement Group and Anglian Water the following template but also print it out, put it in an envelope, keep by door (hand it to them through the window).

https://www.citizensadvice.org.uk/de...re-vulnerable/

https://www.nationaldebtline.org/sam...vulnerable-ew/

This is an old thread, but do have a read.

[vickyticky]

An update to the previous posts – I went to the set aside court hearing in July, I took all of my receipts and bill payments as evidence that I have paid what anglian water are claiming that I haven’t paid. The Judge asked if he could look at all of my receipts, bill payments and evidence that I have paid, but as the Judge started to look at the receipts the anglian water legal representative

said “objection, objection, objection Judge”, meaning that the Judge was then not allowed to look at my evidence to prove that I had paid the alleged debt ! - The Judge decided that he would allow a set aside. I was told to then submit my documents to court within 4 days, I did this and sent a copy of the same to anglian water.




At the hearing in october (2 weeks ago) I took all of my documents, and anglian water had changed a lot of the details which they had originally claimed in the Particulars of Claim, they changed dates, amount owing, they even contradicted their own original evidence, their legal representative couldn’t decide how much I allegedly owed she told the court 7 different totals it took her 20 minutes to decide which amount she said I allegedly owed. The judge told me and the anglian rep to go into a separate room and decide how much I owe/or don’t owe. I showed all of my payment slips in the room and she couldn’t argue with the evidence that I had paid it. However, in the court room the anglian rep still stated to the judge that I hadn’t paid it!

The judge said to me that I am not allowed to use my evidence in court, to show that I had paid the alleged amount, because I hadn’t complied with the Court Order, apparently I had submitted a ‘defence’ instead of a ‘witness statement’,(I didn’t know it was supposed to be a witness statement, I thought it just meant a defence to their claim) so the judge refused to look at my bill payments and receipts and ordered me to pay over a thousand pounds ( amount claimed by anglian water, court fees, anglian water court costs, bailiffs fees), because the judge wouldn’t look at my evidence.




I would like to appeal the judges decision if I can, if anyone could let me know how I do it I would appreciate it, I already have the form from the courts to ask for permission to appeal, just not sure if what I write on it is the correct information.

[echat11]

That's not great.

As soon as you got the Set a side Hearing dates, you should have updated the thread.

A Witness Statement with your evidence / bills and payments on a spreadsheet and this would have been resolved.

I'd advise you to see if you can book an appointment with CAB, an Appeal has to be done correctly.

https://www.gov.uk/government/public...ly-cases-ex340