Hello hello! I'm moving this myself from debt collection due to it being a long winded tail. I'm going to copy and paste my posts from there so you can start from the beginning but it will make this quite the essay!
Hello everyone, I've got a fairly quick query compared to some on here. I'll start from the beginning though.
I received phone calls from "a telegraph company" 2-3 messages left on the voice mail. Eventually one of them caught me at home and we had the following exchange with a Scottish man.
"Who are you again?"
"A Telegraph company.." "What one? what are you called? what is this about?"
"We are trying to deliver a letter to you"
"What is wrong with Royal mail?"
"That isn't working, we need to confirm your name and address for data protection"
At this point I'm thinking this is suspicious, he doesn't want to tell me any more information because I'll most likely not like it, at this point I'm thinking it is a scam, that I've won some crazy Irish Lottery I've never bought tickets for. I don't care because I'm moving out in a week or two, so I go for it. After I recklessly give him my details he tells me that his company is trying to deliver a letter for Capquest on behalf of Severn Trent Water, here is a reference number and a phone number if I want to discuss it. I call this number and get to speak to another Scottish man (telegraph company hey?!).
Anyway, long story short, blah blah, you owe us £425+ right now MR Staz. You can expect to receive a bill. What is it for? Looks like a years water rates to me son! Etc etc. I tell him.
"I dispute this debt wholeheartedly, write that down. I owe you nothing, I expect to see some real evidence of this debt sharpish"
"You'll receive full evidence within 28 days, though in my experience most people are not telling the truth and we will find you indeed owe us money."
I call Severn Trent Water and speak to someone, they say "oh, the notice of you leaving your previous address must have gotten lost in the post, we've been chasing you for water rates at your old address, you've not been there for the past three years? Tsk, what horrible people must be currently living there to ignore our letters. Ok, post us a copy of your current tenancy agreement and a covering letter and we'll mark it as not your problem."
I'm a busy busy boy and life goes on, About a week later I get a letter from Capquest saying "We are investigating your dispute and have put your account on hold for 28 days while we gather evidence against you". The next day I receive a bright red letter from Capquest saying "YOU HAVE 7 DAYS TO PAY OR WE'LL TAKE YOU TO COURT! CCJ'S ARE IN YOUR FUTURE! THIS WILL AFFECT YOUR ABILITY TO GET CREDIT!" Also in smaller writing it invites me to call and discuss payment if I cannot make full payment within 7 days.
Ok, so we'll get to a point now. Me and my wife are leaving the address Capquest has for us on Wednesday. They'll have our phone number but I'm sure I can be horrible to any "telegraph companies" that happen to call. What should I be doing here? I'm furious with this stupid company for hassling me over the phone with lies and deceit. I'm angry that they've taken at attitude of "hohoho we've got you now naughty debtor, you WOULD say that hey buddy ol' PAL?" I don't owe them anything, part of me just wants to ignore them and leave them to chase it forever. The other part of me doesn't want to defend himself over erroneous CCJ's if it comes to that.
So should I ignore everything? Post a copy of our old tenancy agreement to Severn Trent Water and then ignore everything? Post the tenancy and contact capquest for more headaches with smug phone operators? Write to them asking them to never contact me again under pain of me charging for my time? I'd love to take some of their money or somehow turn this situation into a horrible ugly oozing complaint for a company that has left a bad taste in my mouth. How would I go about this?
God I've written an essay. Sorry about that, but as least now you see what a sad git I am you'll be assured of a reply if you invest some time in my post.
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So I posted off the info a while back. I've still been getting calls from CQ though. Today I actually picked one up, it was stressful to say the least. The general gist of what I was saying was.
I'll not confirm any details with you other than my name. I'll not give you any personal details or confirm details with you. No you can't speak to the other people listed on the bill (friends I shared the property with several years ago and were listed on the water bill) no, they no longer live here. No I won't give you their names or address. I've spoken to Severn Trent, I owe you nothing. Prove it, actually send me some evidence like you said you would. I have nothing to say to you because I've checked this out, I owe you nothing and I've given evidence of this. I don't want to help you out in any shape or form because you've used underhanded sneaky and fairly guileless tactics and methods, you have proved nothing, done nothing which you said you would and I feel this matter has been resolved.
His reply to most of this consisted of the following.
Why won't you confirm details? What have you got to hide? Why did you talk to us before then and suddenly you are refusing to deal with this? You are not capable of making this decision and you should give me the details of the other people listed on this bill. You will get them into trouble. We've given you evidence. We've sent you an invoice. Why won't you sort this out right now then? Fine, remember this, remember when we call again and we take this further that you had the chance to stop it and end it all right here right now.
Most of the call was him asking me questions, me replying, him interrupting in the middle of it and when I ask "can I finish? you did ask me a question" he says "I'm asking you to let me finish my sentence" well. The whole thing was stupid anyway. Eventually this went into me saying "can you let me talk? I'm trying to explain this to you" and him saying "oh well, oh well, just remember that I called today to give you a chance" Ok, so questions.
What can they legally do? They don't have my current address. They have my old address and my current phone number and my name. They do not know that they do not have my current address though I'd be 50% sure my landlady would give a forwarding address if they somehow got around to contacting her.
The debt is question relates to water rates at a property we left three years ago. Three of us shared the place as uni digs, we paid the water bills, when done for the term we posted off the "we've moved out on this date" letter and me and my wife got a place together. Somewhere along the lines it never arrived or got processed correctly and the tenants living there since us have ignored the water bills. They've tried to charge us (and me I guess because I'm the only one they can get hold of as I took the phone number with me) for a few years water rates while I wasn't living there. Moved out, no contact, nuffink.
I contacted Severn Trent, posted them a copy of a tenancy agreement upon their request. Stating dates when we left the property and signed for another place. That is what they asked for to clear it up. I've not given them my new address either so I've not received confirmation of anything, though talking on the phone to them, before I sent it they confirmed that was all I needed to do.
So what can they do? What will they do? What should I do? What should I say next time they call me? Argh. When they first contacted me I requested proof of this debt. They sent me a letter saying.
Amount. £458.42
For. Severn Trent Water
Payable. NOW
Action. REQUIRED
Apparently this is proof and an invoice? Pfft. Where are the bills for the periods? Where is a cost breakdown showing what the money is owed for? Before I left the previous address all I got was a letter stating they would investigate my claims and hold the account for 14 days, and a threatening 'fill in the blanks' red letter warning me of my impending CCJ's.
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From reading the threads I guess all I can do next time they call is say.
"I refuse to talk over the phone, I request that all further contact be made in writing"
Though from my previous posts you'll see I've since moved. They don't have my new address and I certainly don't want to give it to them. If I say that and they continue to write me at my old address I'm worried that should anything ever come to court I cannot say "I acted reasonably to resolve this matter". I don't wish to give them my new address unless advice on here suggests it for a good reason.
From what Severn Trent have said and from what I've done the matter should be finished with. I've done what they've asked me to do and I've confirmed with them that I'm not liable for this debt. I've also not given them my new address. Same reasons as before.
Also from these forums I understand a CCA isn't going to work if they are collecting on behalf of a utilities company. It isn't credit they are after, it is unpaid water rates. I'm not sure if they've bought the debt though and if that makes a difference. Ok, so does anyone know what I should do?
Next time they contact me request everything to be done via post? Give them my new address? Write to them with a S.A.R - (Subject Access Request) to see what they are actually trying to collect on and write a full letter with evidence? Ignore it? Contact Severn Trent? I'd usually just try and deal with this myself but I'm asking for advice because people here have experience and knowledge that I don't. I don't want to make things worse for myself either through action or inaction. My dealings so far with Capquest regarding this have been practically painful, I don't trust them to do anything that a reasonable company would do so I'm after advice on the best course of action to take.
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Ok, so I've called Severn Trent Water and had a far more helpful conversation with someone in their enforcement department.
Here it all is.
The three of us left the property owing £10.62 in arrears. I'm usually a fairly conscientious guy and I find it hard to believe that I'd have left without posting them a cheque and a notice of leaving the property. They say they never received anything. I personally can't remember if I did or not. So we start off with £10.62 owed.
On the 1st of April 2005 a bill was issued for £192.03. I signed for a new house on the 19th of May and would have left the property around a month before that, though our tenancy would have maybe specified somewhere closer like end of May anyway. I wouldn't have minded paying £10.62 plus April and May though.
Running balance is now at £202.03 though, with me so far? On the 1st of April 2006 a bill was issued for £27.68, on the 2nd of October a bill for £119.48 was issued. On the 16th of October a bill for £9.08 was issued. This tragic tale is cut short due to what I guess are a fresh bunch of students arriving in late September and feeling sorry for the poor 'ol us now owing £358.89 contacted Severn Trent and informed them they were the new occupiers.
This at some point went to court for collections. This added a solicitors fee of £50. And a court fee of £20. Throw on £4.95 interest for good measure. When this went unanswered and uncontested (why didn't they just call? they've always had my number?) a CCJ was issued for all three of us who were living at our old flat and were named on the bill. That cost another £22 and another £2.58 interest. When this eventually wasn't paid Capquest decided to try and collect the CCJ.
Phew!
So I no this isn't really debt collection anymore, but HELP!
I'm guessing I need to pay Severn Trent or the court to clear the CCJ. They said that if I provide evidence of leaving they'll adjust the amount accordingly and if at fault remove the CCJ and issue a correct bill, or if they feel it is my fault they'll reduce the CCJ to the amount including fees and costs and leave that payable. They said my case is weak and likely I'll have to pay all the fees because they are our fault. I've not got evidence of providing notice of leaving the property but I'm fairly sure I did.
I don't want to have to pay close to £100 for £10 left outstanding on the water account a few years ago. I've never been served with anything or any papers. I guess I've got some reading on CCJ's to do! Please help if you can.
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So today I went down to the CAB, called Severn Trent again and called HM courts.
@ashmk, what I did do and have records of doing is paying a bill in May'05. The tenancy ended on the 31st of May. I posted off a letter without a cheque with my new address and a letter saying words to the effect of "we've moved out, please forward a final bill (if any) to the following address". Even though we paid a bill in May I figured there may have been a few pounds outstanding. This is what they never received.
CAB said that though we were not living at the address and not liable for the bills if Severn Trent is willing to settle for us paying their legal costs (£92) get it in writing and pay it. Get a letter of satisfaction and clear the CCJ. Worse things happen at sea and you'll live son.
Severn Trent gave me the case number for the CCJ and the lady seemed very sad to hear the story. She called me sweetheart.
HM courts said that Seven Trent sound like they are trying to make the best of a bad situation. That judgement was entered against me and another flatmate on the 7th Sep'06. The third and final flatmate wasn't mentioned though he said that she may have her own CCJ on file. They can only put 2 names on each one. (Severn Trent said "all three of you have'm") Their court fees were listed as £50 and £20, he found it rather amusing that they'd added another £22 on as a mystery 'CCJ fee' but he could be in the wrong. He suggested that we apply to have it set aside. Complete a N244 form and give evidence, pay £65 and roll the dice. He said it seemed simple enough and that would get it removed. He said Severn Trent saying our case was weak was them trying to make the best of a bad situation, the same with them agreeing to settle for the legal costs, but be sure to get that in writing.
Ok. So, what it boils down to is.
A) Pay the £92 and whatever money was potentially owed for the last bit of May'06 (they say £10.62) plus interest. Though if I have the right paperwork they actually may owe us a little back. The dates are all very close.
B) Pay £65 and get our evidence on, hope our judge is having a good day. CAB said "you may get a funny judge and things could go either way, it isn't worth the difference". HM courts and CAB were almost at polar opposites in their opinion.
Any advice from anyone? I don't know if this needs to move to another forum. Posts quickly move off the front page in the debt collections one, everyone seems to be rabid to post on the next.
Ok! Phew, deep breath!
Severn Trent Water / Debt collection for a property we no longer lived at 
