I'm hoping someone can help

- to cut a long story short,

I called Welsh Water in 2011 to advise that I had vacated the property to receive full time care and they confirmed they would disconnect the supply and close my account

therefore no further payments were due.

Welsh Water registered a default, CCJ and Property Charge in 2016 which alerted me to the issue however Welsh Water are advising that they have no record of my call.

How would this stand in a court and/or from a legal point of view?

I have provided Welsh Water with proof that the property has been empty (council tax exemptions) which they have confirmed they accept

Nthey have advised that as I cant evidence the call (it was on a PAYG mobile 5 years ago) that I am still liable for the charges (despite their schedule of charges stating that empty properties are exempt from charges.

They have offered as a gesture of good will to write off the debt and remove data from CRA as well as filing a consent form to have the CCJ and Charge removed providing I foot £500 in fees

- I however feel this is extortionate given the error is on them

(Albeit I don't have the call log to prove this) and believe they should fix this with no further delay or cost to me (and should provide compensation to me for the stress and inconvenience caused).

I would really appreciate your views - CCWater have already been involved but did not help matters.

You might not have proof of the phone call, but it seems that in 2011 someone accessed your records to be able to have this discussion with you. Otherwise, it would have been difficult.

I wonder whether it is worth submitting a Data Protection Subject Access Request to them. Specifically ask them for all system notes and the data log on the file, that confirms when your record was accessed. Everytime any data file is accessed a record is created showing the date, time and username. If in 2011 your file was accessed by customer servuces and there is no reason why this was, then it is likely to be when you phoned them.

Thank you

- I am in the process of submitting a SAR,

I just need to get a postal order for the fee,

however I was hoping to get this resolved much sooner than the long time frame for a SAR to be processed as the property is going to auction next week.

]Well if it is urgent, you could pay ( if you are able) the £500 to Welsh Water, subject to the matter being disputed and that if necessary it will be escalated to the Ombudsman or Courts.

Welsh Water could check with their IT department whether your record was accessed by customers services in 2011 and how long it was accessed

. If it was for a reasonable length of time,

then it was probably while you were on the phone to them.

You could phone Welsh Water to see if they can do this, as a matter of urgency.

One of the conditions, alongside the ~£500 payment, is that I have to confirm that I will not pursue the matter any further.

I have asked them for IT confirmation about my record but they ignored this request (along with a number of other requests and points raised) and now when I correspond with them, even via the CEO, I just receive a standardised response from Customer Services advising that they will not discuss the matter any further with me - I have never had to deal with a more customer service lacking company!

There was another long running WW thread on here, where they were being total bullies.

I don't think the condition is acceptable re the £500.

If would phone the Ombudsman ( OFWAT ?) and see whether they can intervene regarding the behaviour of WW.

It is the Consumer Council for Water that deals with complaints.

http://ccwater.custhelp.com/app/utils/login_form/redirect/ask/session/L3RpbWUvMTUwNzI5NDIzNi9zaWQvSXNjOFp1dW4=

It's absolutely outrageous the way I have been treated especially when they are aware that I vacated the property to receive full time care therefore rendering me a vulnerable customer.

I have had curt and rude response from Managing Directors and blank refusal to address or comment on my points raised.

The Litigation Manager even stated on a phone call that they are unable to admit liability regardless because it will open them up to unlimited damages and therefore they can't do anything else

- surely they should admit liability based on whether they are right or wrong and not based on the damages they could have to pay out for?!

I even offered to settle without them taking liability but offering a 'gesture of goodwill' but this was declined.

You pay them....NO!!!

The default/CCJ/CO have hurt your file and your finances

And now are going to stop you selling

Sue them!!

My thoughts exactly! How do I go about sueing them?! Especially considering I don't have the call log to prove my call.

What charge has been added ? As i understand it, it can depend on what has been registered, as to whether a Solicitors must pay the debt out of the sale proceeds.

Thread moved to General Legal Issues...please continue to post here to your thread.

Regards

Andy

What charge has been added ? As i understand it, it can depend on what has been registered, as to whether a Solicitors must pay the debt out of the sale proceeds.

'Unilateral Notice of Interim Charging Order' - do you know much about charging orders?! I also have an 'Equitable charge created by an interim charge from the council - I would be keen to understand which have to be paid from the proceeds and which dont as both are being disputed (council have charged me more in fees and charges than they have council tax!)

Was the home in joint names?

Where were all the court paperwork sent too?

No, not in joint names.

No idea where court paperwork was sent to,never seen it, assumingly the still empty property despite me providing a forwarding address in that phonecall?!

On Monday go ring northants bulk

Ask for a copy of the claimforn and the CCJ

By email pdf

You can go two ways here

One write and tell them they are pulling your chain

and know full well you will win a compensation claim for damages far in excess of £500

Wanna call it quits??

Or you write an say no thank you

I'll started my complaint for compensation now which I am confident of winning as you've admitted it's was your mistake

Thanks, I will request a copy.

Already told Welsh Water that I can go down the legal route and claim significant compensation - they told me it wouldn't uphold as it's my word against theirs for the call.

cobblers

why are they mentioning this then>>>>

The Litigation Manager even stated on a phone call that they are unable to admit liability regardless because it will open them up to unlimited damages and therefore they can't do anything else

Your guess is as good as mine!

they don't want suing

see durkin v DSC case

If you know who your PAYG provider was, and more importantly the number you used at the time, surly you can SAR them and they will list all the calls you have made.

Appreciate time is of the essence but maybe an Idea to put the sale via Auction on hold. Its been 5 years so another 2 months cant hurt.