Water company dispute

[Ali2]

Hi

Hope someone can help.

Have had a letter from Water Company Litigation Dept saying I owe money and they would start court action in 7 days.

As I am not currently living at home, I opened the letter after their 7 day deadline. However, I called them and explained that I wanted a breakdown of what they were asking for as they had not supplied proper figures and the sum seemed a lot. They asked if I could pay debt then over the phone and I replied that as I was not currently working, could not do so. However, I wanted proof of what exactly they were asking for by means of a breakdown and I would call them back to sort out the debt.

They replied Litigation would then continue. Can anyone please advise? I have called them to sort the problem and have explained my circumstances. Is there anyone I can complain to, as I am not prepared to have a CCJ when I have requested details - I believe reasonably - first of the debt and tried to sort out a payment. I am currently a student.

Any help appreciated.

Many thanks.

[bigpeterlg22]

hi ali

as i work in a litigation department for a water company i am probably a good place to explain how they work/procedures.

it sounds like you are currently with the collection department and have been issued with a "pre-claim" letter.

you will had previous bills and reminders to pay before reaching this stage and the company will not be willing at this stage to re-issue them as they have sent them already and you have responded a letter that was sent to you.

As you advised that you will not pay at this time, as per normal they advised that recovery will continue e.g they will continue to litigate the case.

there are 2 ways to approach depending how far they are along the littigation process:

firstly, you can do a written complain to them regarding the debt and they will respond to this, this will stop the litigation process until they have reviewed your complain and decide the outcome of your complaint.

or you could wait and you could shortly recieve court papers in relation to the debt issued through the CCBC (northampton bulk court centre) for failing to pay the water bill in relation to the water act 1999.

As you are disputing the debt, i would recommend defending the debt and any decent adviser who works on the litigation side will tell you to do this once court papers have been recieved.

as you will be defending the debt, you will be asked to return the forms with a defence filed why you aren't responsible for the debt with the alloted timescale.

If you fail to do this you will be issued with a ccj by defualt.

the case will then be transferd from ccbc to you local district court ( the court closest to you.

in both case you will be will be required to proved that you not responsible for the debt by :

a: by providing proof like a tenancy agreement or landlord letter to prove that you weren't living there or utility bills if you don't have that.

b: if the property wasn't habital you will be asked to prove that you have excemption from the council tax for the property for this period or some proof that you were living at another address for the disputed period and no water/sewage was used.

if the defence route is taken and you and the company can't reach agreement over the liability via correspondce ultimaltely a hearing will take place for the liability to be decided by a district court judge.

the small claims procedure: a practical guide can assist you with filing of the defence

[Ali2]

Many thanks for your response which is very helpful.