Pastdue Credit Solutions - for debt I do not owe

[trover]

What you've stated in your initial post is that, your mum owes no money,
the debt is not her's, now you go about proving it.

You've identified loads of anomalies in the information you have received.
So you need to make your case in your complaint using those points.

Reading through the points, there is quite a bit of evidence in your favour,
add copy of your latest tenancy agreement i.e. September 2022.

The following template will help you structure you complaint -

https://www.citizensadvice.org.uk/te.../edit/?button=

Thank you. I am going to divide the complaint into three aspects: 1. false debt accusation; 2. mishandling of personal data; 3. false remarks on credit file

which I believe 1 may be escalated to the CCW and the OFWAT; 2 to the ICO; and 3 to the FOS

The problem is, am I prevented from escalating different relevant aspects of a complaint to each relevant ombudsman/organisation?

Should I mention any legislations (i.e. DPA2018 for spreading her personal data to 3rd party and opening account without consent; CRA2015 for forcing her into a contract/unfair contract terms)?

Should I specify any amount of compensation I am after?

[echat11]

Thank you. I am going to divide the complaint into three aspects: 1. false debt accusation; 2. mishandling of personal data; 3. false remarks on credit file

which I believe 1 may be escalated to the CCW and the OFWAT; 2 to the ICO; and 3 to the FOS

The problem is, am I prevented from escalating different relevant aspects of a complaint to each relevant ombudsman/organisation?

Should I mention any legislations (i.e. DPA2018 for spreading her personal data to 3rd party and opening account without consent; CRA2015 for forcing her into a contract/unfair contract terms)?

Should I specify any amount of compensation I am after?

a) The problem is, am I prevented from escalating different relevant aspects of a complaint to each relevant ombudsman/organisation?

The CCW (Dispute Resolution Ombudsman (DRO)) and OFWAT (won't investigate your complaint) need the full story.

The ICO will only deal with mishandling of personal data, but you need to provide them with how all that came about.

b)Should I mention any legislations (i.e. DPA2018 for spreading her personal data to 3rd party and opening account without consent; CRA2015 for forcing her into a contract/unfair contract terms)?

No need to, they are aware of them

c) Should I specify any amount of compensation I am after?

They will ask you, there may be a complaint form to be filled in.

[trover]

a) The problem is, am I prevented from escalating different relevant aspects of a complaint to each relevant ombudsman/organisation?

The CCW (Dispute Resolution Ombudsman (DRO)) and OFWAT (won't investigate your complaint) need the full story.

The ICO will only deal with mishandling of personal data, but you need to provide them with how all that came about.

b)Should I mention any legislations (i.e. DPA2018 for spreading her personal data to 3rd party and opening account without consent; CRA2015 for forcing her into a contract/unfair contract terms)?

No need to, they are aware of them

c) Should I specify any amount of compensation I am after?

They will ask you, there may be a complaint form to be filled in.

Got it, I will post back when I receive a response from United Utilities. Thanks again.

[trover]

echat11 Finally received a response from United Utilities.

Here are a few points they made:

1 The account was opened under their “void process”, data was pulled from credit reference agencies, the Land Registry, and so on. The Ofwat is aware of this practice and agree this is being done.

2 They denied that they have breached the Water Industry Act 1991 and the DPA2018 in regard to personal data handling.

3 They said water bills are similar to council tax bills that they are a statutory charge, they quoted s.144 of the Water Industry Act 1991; however, they believed the Consumer Credit Act 1974 and the CRA2015 does not apply, and no contract was required for us to sign.

4 They allocated a very small paragraph in regard to registration of default without notice; they just said they believed we were still living at that address.

5 They required me to prove that I did not live there since July 2022, in the form of council tax bills, tenancy agreement not accepted.

Overall, they have been very defensive. But how true are 1-3?

In regard to 5, I understand it may be easier to just send them my council tax bills, however, is it not the onus of proof is on them to show that I owe them money (i.e. we lived there)? As a matter of principle, and how they handled the matter, I am not inclined to do so and am eager to take the complaint further.

Another reason is that we moved out earlier than the tenancy agreement ended, and the property was furnished, which means I paid council tax until the end of the tenancy agreement without any discounts. The council also did not know on which day we moved out. Therefore, providing council tax bills helps little to prove anything.

Thanks!

[echat11]

1 The account was opened under their “void process”, data was pulled from credit reference agencies, the Land Registry, and so on. The Ofwat is aware of this practice and agree this is being done.

Just because OFWAT are aware of the practice, doesn't help you, if you're at the wrong end of their 'mish-mash' erroneous account.

2 They denied that they have breached the Water Industry Act 1991 and the DPA2018 in regard to personal data handling.

You wouldn't expect them to say anything else.

3 They said water bills are similar to council tax bills that they are a statutory charge, they quoted s.144 of the Water Industry Act 1991; however, they believed the Consumer Credit Act 1974 and the CRA2015 does not apply, and no contract was required for us to sign.

They are incorrect, water bill is a non priority debt, a council tax is a priority debt. The CCA 1974 and CRA 2015 don't apply.

4 They allocated a very small paragraph in regard to registration of default without notice; they just said they believed we were still living at that address.

Isn't the whole point of 'Defaults', that you are informed of the issue and are given notice so that you can rectify the Default. Did they send letters to the address to find out? What did they do to find out?

5 They required me to prove that I did not live there since July 2022, in the form of council tax bills, tenancy agreement not accepted.

Is there information on your credit file? I can't see why your Tenancy Agreement can't be used.

It's 'bizarre', they can make up accounts which are based on why they believe to be correct, but you can't use a 'tenancy agreement' based on fact which is a legal document.

But how true are 1-3?

As above.

In regard to 5, I understand it may be easier to just send them my council tax bills, however, is it not the onus of proof is on them to show that I owe them money (i.e. we lived there)?

As above.

[PallasAthena]

1 The account was opened under their “void process”, data was pulled from credit reference agencies, the Land Registry, and so on. The Ofwat is aware of this practice and agree this is being done.

Just because OFWAT are aware of the practice, doesn't help you, if you're at the wrong end of their 'mish-mash' erroneous account.

And to add, it is true that OFWAT are aware of, and approve in principle, the general processes utility companies use to track down who should be paying the bills in premises unoccupied or with an occupier who hasn't identified themselves ('voids') but that isn't the same as OFWAT agreeing with what UU have done in your case.

UU are trying to imply that charging you as they have done has OFWAT's approval but that isn't true. OFWAT has no idea what UU have done in your case nor any opinion on whether UU were justified or not.