welsh water problems

[unluckyjim]

To cut a long story short “ I need help with defence “

Having had issues with welsh water NOV 2015( due to missed payments on payment plan) which they cancelled .in NOV 2015 they sent me “ a intention of default letter“ and to pay up what I owed them
Cant remember exact amount ,any way this was paid in full within the dates specified on intention of default letter , what was paid took me up to 31 march 2016.
Not to go through this hassle again,
A direct debit (ticked option to pay half yearly on form)…. printed out ,filled in and sent off to them. (sent this off end of FEB 2016) I have a copy of this form
For some unknown reason half yearly payment was not taken..(checked with bank no direct debit set up by welsh water)…….AH HAH ………THATS WHY I HAD THIS MONEY CLAIM dated 17 AUGUST 2016.

Is it not welsh water responsibility to make sure direct debit is set up and collect payments, and the customer only needs to make sure there are funds in their bank to cover the payments.

these water services supplied by welsh water are used based on the understanding that they are to be paid for via direct debit.. (half yearly)

( since receiving the money claim dated 17^th AUGUST 2016, A NEW DIRECT DEBIT INSTRUCTION set up (filled in online ) this is for half yearly payment advanced period payment 1^st october to 31march 2017 due to be taken out 1^st October 2016)

I understand that I have to pay the required statutory charges ,( the arrears) for 1^st april 2016 to 1^st october 2016 period due to the non collection of direct debit by welsh water who failed to set up direct debit and collect payments.
Its the issuing a money claim for advanced charges bit I have a problem with?……also…….

Sections 142 of the Water Industry Act 1991, SAYS..water companies can collect charges for the provision of water services. The Water Industry Act itself does not STATE OR SPECIFY that these charges can be collected before or after the service is delivered


Having checked my credit file on Friday 19^th august 2016 it showed that welsh water had marked a default on my my file for November last year 2015, so I phoned welsh water that day 19 august 2016 to express my concern that they should not have done this because all was paid in full within dates of the intention to default letter of November 2015…… any way during this conversation I was informed that a CCJ had been issued against me on the 17 august 2016 for non payment and I owed them £549.87.
On the following Tuesday the 23 august 2016 ,I gets money claim through the post this NOT A CCJ…
I phoned welsh water that day to say that I had received a money claim form and stressed this was not a CCJ, I WAS TOLD HARDLUCK FILL IT IN, AND PAY UP?
SINCE WHEN IS A MONEY CLAIM FORM “A COUNTY COURT JUDGEMENT”
I also told them that I had not even had any written notice regards letter before action..

They don’t even follow their own code of practice ie; 3^RD STEP- LETTER BEFORE ACTION
I HAVE NOT EVER received THIS FROM THEM

I have acknowledged the claim, but need to put in a defence , any help would be most appreciated

Many thanks “ unlucky jim “


particulars of claim.
the claimant claims the statutory charges of £464.87
due under,Section 142 of the water industry act 1991 for the provision of water and sewerage services, inclusive
of any arrears supplied to the defendants for the period from 01/04/2016 to 31/03/2017

[unluckyjim]

Re: welsh water problems URGENT

to cut a long story short “ i need help with defence “ urgent ....... Very urgent

having had issues with welsh water nov 2015( due to missed payments on payment plan) which they cancelled .in nov 2015 they sent me “ a intention of default letter“ and to pay up what i owed them
cant remember exact amount ,any way this was paid in full within the dates specified on intention of default letter , what was paid took me up to 31 march 2016.
Not to go through this hassle again,
a direct debit (ticked option to pay half yearly on form)…. Printed out ,filled in and sent off to them. (sent this off end of feb 2016) i have a copy of this form
for some unknown reason half yearly payment was not taken..(checked with bank no direct debit set up by welsh water)…….ah hah ………thats why i had this money claim dated 17 august 2016.

Is it not welsh water responsibility to make sure direct debit is set up and collect payments, and the customer only needs to make sure there are funds in their bank to cover the payments.

These water services supplied by welsh water are used based on the understanding that they are to be paid for via direct debit.. (half yearly)

( since receiving the money claim dated 17^th august 2016, a new direct debit instruction set up (filled in online ) this is for half yearly payment advanced period payment 1^st october to 31march 2017 due to be taken out 1^st october 2016)

i understand that i have to pay the required statutory charges ,( the arrears) for 1^st april 2016 to 1^st october 2016 period due to the non collection of direct debit by welsh water who failed to set up direct debit and collect payments.
Its the issuing a money claim for advanced charges bit i have a problem with?……also…….

Sections 142 of the water industry act 1991, says..water companies can collect charges for the provision of water services. The water industry act itself does not state or specify that these charges can be collected before or after the service is delivered


having checked my credit file on friday 19^th august 2016 it showed that welsh water had marked a default on my my file for november last year 2015, so i phoned welsh water that day 19 august 2016 to express my concern that they should not have done this because all was paid in full within dates of the intention to default letter of november 2015…… any way during this conversation i was informed that a ccj had been issued against me on the 17 august 2016 for non payment and i owed them £549.87.
On the following tuesday the 23 august 2016 ,i gets money claim through the post this not a ccj…
i phoned welsh water that day to say that i had received a money claim form and stressed this was not a ccj, i was told hardluck fill it in, and pay up?
Since when is a money claim form “a county court judgement”
i also told them that i had not even had any written notice regards letter before action..

They don’t even follow their own code of practice ie; 3^rd step- letter before action
i have not ever received this from them

i have acknowledged the claim, but need to put in a defence , any help would be most appreciated

many thanks “ unlucky jim “


particulars of claim.
The claimant claims the statutory charges of £464.87
due under,section 142 of the water industry act 1991 for the provision of water and sewerage services, inclusive
of any arrears supplied to the defendants for the period from 01/04/2016 to 31/03/2017

any one out there that can help me knock up a complaint letter
to send welsh water

[des8]

Re: welsh water problems

Your complaint letter needs to be addressed to The Director of Billing Customer ServicesDŵr Cymru Welsh WaterPO Box 690, CF3 5WL.
Send it by email read receipt and mark it urgent

Just set out what has happened, including their non implementation of your direct debit mandate.
Point out they did not follow their own code of practice, nor preaction protocols prior to initiating court action.
Ask him under the circumstances to discontinue the court action whilst arrangements are made to pay the outstanding amount.

Water charges are, like council tax, levied in advance.

If you are unhappy with the way they handle your complaint you can refer it to Consumer Council for Water and subsequently to WATRS

[unluckyjim]

Re: welsh water problems

Thanks for your help so far,
JUST want to bring you up to speed, regards recent DEFAULT letter from welsh water..
welsh water sent me a" NOTIFICATION OF INTENTION TO FILE A DEFAULT" letter dated 03/08/16.
and says the following;.....

"Since you have failed to pay the sums due to us you are in breach of your obligations to pay water and sewerage charges under the water industry act 1991. if you fail to pay the amount due to us in full by 31/08/16, the we will be entitled to file data indicating you have defaulted in payment at Credit Reference Agencies. "
also says....... THIS IS A FORMAL NOTICE OF INTENT TO REGISTER A DEFAULT. and to please refer to information sheet enclosed.
on this information sheet headed DEFAULT-WHAT YOU NEED TO DO .. it states..........
You have been sent a Final Demand and Notice of intention to file a default at credit reference agencies .

Now then my take on this is that this all appears to be misleading information, it appears to be a combined final demand and a default notice
IT STATES,,,,,,,,,,,, PAY AMOUNT IN FULL BY THE 31/08/2016 YOU OWE £ 464.87

YET they issued claim via county court business centre on the 17/08/2016 because i failed to pay£464.87. with added costs now totals= £549.87

Being the party in breach ,I had until the 31/08/2016 to pay the £464.87
,IS IT NOT THE CASE THAT... letter before action which i never had (should have been sent after 31/08/2016 and Court proceedings should have not have been instigated / commenced on the 17/08/2016 but at least 14 days after the 31/08/2016

[ploddertom]

Re: welsh water problems

If they have sent you a claim form from the Court - what have you done with it so far? There is a fair chance they may have applied for Judgment since if you did nothing?

[unluckyjim]

Re: welsh water problems

If they have sent you a claim form from the Court - what have you done with it so far? There is a fair chance they may have applied for Judgment since if you did nothing?

just about to put this on defence form, via on line claim..
************************************************** ************************************************** **************

JUST ABOUT TO PUT THIS ON AS REPLY TO CLAIM FORM


IN THE COUNTY COURT BUSINESS CENTRE
Case No: XXXXXXXX

DWR CYMRU CYFYNGEDIG - Claimant

Vs

MR XXXXX XX - Defendant


Defence

1. The Claimant has not tried to amicably resolve this matter and has acted unreasonable in commencing court proceedings: the claimant sent a letter to the defendant dated 03/08/2016 which stated “ to pay the amount due £464.87 to us in by 31/08/2016.
Claimant also stated they could take action against me if I don’t do something quickly and also advised to prevent legal action being taken against me to contact them.

The defendant contacted the claimant on 18/08/2016 in an effort to resolve and also to register concern that legal action had commenced on the 17/08/2016 (this claim)

The defendant contacted the claimant with a proposal to pay amount but due to financial difficulty could only afford £ 9.00 per week and offered to pay £ 9.00 by weekly instalments and the defendant paid £9.00 to the claimant on 06/09/2016 and a further payment of £9.00 was paid on 12/09/2016.

The Claimant has not complied with pre action protocols and had not sent me a LETTER BEFORE ACTION NOTICE before issuing their claim on 17/08/2016

Statement of Truth

I believe the facts stated in this defence are true

18th September 2016

- - - Updated - - -

not much of a defence ,but what else is there, i have also sent along letter of complaint in also