Help Regarding Water Bill? Scotland

[kaf181]

Hi, I am wondering if anyone can offer any advice on a long, complicated situation.

To cut a long story short I am going through legal proceedings with Business Stream (Scottish Water) over a water bill of around £18,000. I own and live in a property which is an unused pub with a domestic flat above.

Around June last year I received court documents to say Business Stream had lodged the case with court and I was liable for the debt. I immediately sought the advice of a solicitor who managed to get Business Stream to sist actions while investigations were carried out. Investigations found there had been a huge leak in pipe work underneath the property and this is where the majority of the water had gone. This was repaired by a plumber and we have a full report detailing the issue and work carried out. The case is even more complicated in the fact that the business is closed and the water supply also serves a domestic property (my flat) which I pay council tax on. The water meter was installed under the previous owner who did not seek any action to split the supply. My solicitor filed a claim for a leak allowance given that the majority of the water had never been used and even what had been used was used for domestic purposes.

Fast forward to now and we finally have a response from Business Stream stating they are rejecting the application for a leak allowance and will look to continue to court action if we cannot come to an agreement. I have been advised from my solicitor they are looking for a reasonable repayment offer and I have a meeting with her next week to discuss.

I'm really just looking to see if anyone may be able to advise what a reasonable repayment on an £18,000 debt will be. With my meeting not until next week I am left stewing and panicking and although my solicitor has been very helpful, she is reluctant to commit to any payment suggestions. I work fulltime with a salary of £17,000, but still have my regular bills to pay. My only real asset is the property which is my home and I really do not want to lose this.

Any advice is much appreciated.

[paulajayne]

Re: Help Regarding Water Bill? Scotland

Where was the leak?

Before or after the stopcock?

[kaf181]

Re: Help Regarding Water Bill? Scotland

After.

I think we have exhausted all avenues of not being liable for the leak. Leak was in my property, but was under ground, so there was no obvious signs of it for us to spot it.

[des8]

Re: Help Regarding Water Bill? Scotland

I would suggest your starting point would be the amount that a similar sized family pays over the period for which they are charging £18000.
Negotiate up from there.

Get a ball park figurefrom your friends and family, Scottish Water suggests about £350 pa for average family ( http://www.scottishwater.co.uk/you-a...5-2016-charges)

[des8]

Re: Help Regarding Water Bill? Scotland

I would suggest your starting point would be the amount that a similar sized family pays over the period for which they are charging £18000.
Negotiate up from there.

Get a ball park figurefrom your friends and family, Scottish Water suggests about £350 pa for average family ( http://www.scottishwater.co.uk/you-a...5-2016-charges)


I note that SW aim to read the meter twice a year..... was this usage really run up in a six month period?

[kaf181]

Re: Help Regarding Water Bill? Scotland

Thank you for your reply. Our domestic water charges are part of our Council Tax here and I only have the water meter because of the previous business use in the property. I am told this is where it all gets complicated as no one split the supply when water meters were introduced for businesses in Scotland.

These are the Council Tax bands for my region: http://dumgal.gov.uk/article/15261/C...ds-and-charges I am under band A so according this the water element is a total of £282.60 per year. Almost every home in our town will be a band A or B so will all be under the same/similar payment.

The bill is covering a period of 2010-2014 so 4 years. Prior to the court writ as far as I was aware they had accepted the premises were no longer under commercial use and the only water being used was for domestic use hence I hadn't received any contact.

[des8]

Re: Help Regarding Water Bill? Scotland

As Business Stream aim to read the meter twice a year have they explained why your account covers 4 years?
Why do you say:" as far as I was aware they had accepted the premises were no longer under commercial use"?
Did you or your solicitor tell them this when you purchasedthe property?
Why does the bill cover 4 years?
If they claim they were not informed of the change in status of the property were they asked why did they not send out send out meter readers and subsequent bills, at which point excessive use of water would have been noted?
Presumably the local authority were aware the premises were no longer in commercial use, and were collecting the domestic water rates?

Have you approachedSPSO? ( http://www.spso.org.uk/sector/water)

[kaf181]

Re: Help Regarding Water Bill? Scotland

I say that as the business was not trading when I purchased the property and had not been for a while. Their stance is that the status of the full property has never been changed so although no business is trading there it is still classed a commercial property. They have said they have taken regular meter readings and these are contained in the documents provided by court. There have always been domestic water rates paid for the property even when a business was trading there. The flat above has always been there and has always paid council tax including the domestic water charges.

As I say this has been dealt with by a solicitor from the moment the writ was received. She feels we have exhausted every avenue of not being liable and having the amount reduced (leak allowance which according to them can only be claimed against for 6 months and in my case even the 6 months did not count as the repair was completed 6 months after their last meter reading). She feels it is now time to enter negotiations regarding repayment so I was hoping for some advice so I could prepare for our meeting next week.

[des8]

Re: Help Regarding Water Bill? Scotland

Wasn't really questioning your solicitor, just trying to understand the position as it, to my simple mind, doesn't add up.

I assume you didn't ignore their bills and just let the account build!
It seemed a trifle odd that they allowed a bill to build up over a 4 year period without attempting to collect it, but I assume they are claiming they were unaware the property was inhabited.

Looking at the SPSO website it would appear that you do have room for negotiating.
Case numbers 201302585, 201202800, & 201301088 all seem to have some bearing on your case, and it might be worth lodging a complaint with them (SPSO).
But obviously you must be guided by your solicitor.