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Everything posted by DEC73

  1. Hi Andyorch & Unclebulgaria67 Yes they can go back 6 years from the date the cause of action accrued. TW are agrguing the cause of action was them raising a bill. Thus 6 years from 27th June 2014. However I would like to know if actually the cause of action is when the breach occured - this being sometime on 2001 when they installed the meter and then failed to bill on it. If this is the case I may be able to argue that it is statute barred? Any advice? thanks DEC
  2. Hi All Can anyone offer me advise on the following: Thames Water have accepted responsibilty for incorrectly billing my business for 13years. So far I have negotiated a 45% discount on the money owed and they are adament that in line with the Limitation Act1980 they can back charge me 6 years. They quote: Time limit for actions for sums recoverable by statute. (1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued. As no bills were sent for 13 years, and TW did not discover there error until June 2104 - does the cause of action start in June 2014 when they discovered the error or June 2008 the 6 years prior they say they are entitled to backdate? There had be no communication from TW prior to June 2014. Any thoughts? thanks DEC
  3. Hi Brigadier2JCS (great photo by the way) Thankyou for your quick reply. Any advice on what I should be looking for in terms of TW terms of supply to business premises. I know they have a right to backdate 6 years of bills. thanks DEC
  4. Hi All Following a period of investigation and emails with Thames Water and the landlord I have the following update. It is our water supply, TW have accepted the meter has never been billed since its instillation and the previous occupant of my unit was billed for 4 years on a different meter for standing charges only not consumption and wastage. Even though TW established in 2003 which meter served the unit. They made an original consumption estimate of based on a reading in June 2014 of 5.8m3 this has now been revised following a further reading in August 2014 of 4.73m3. I have commented based on this variation in such a small period how are they able to estimate usage backdated 6 years on a 'fair' basis. They have offered a discount of: Aug 2008 to Aug 2010 usage to be charged at 2m3 total £3709 not £7125 Aug 2010 to Aug 2012 usage to be charged at 4m3 total £6403 not £7724 Aug 2012 to Aug 2014 usage to be charged at 4.73m3 total £8131 So far they have been unable to answer what formula they have used to calculate the reduced rate. Although the initial bill of £26,575 has now been reduced to £18,243 the majority is actually related to the drop in usage from 5.8m3 to 4.73m3. In real terms it is only a discount of £4737. There will be a large variation on usage from the club over the 6 years due to membership growth, and seasonal usage anyway. Does anyone have any further advice on how much discount I should be aiming for? many Thanks DEC
  5. Thanks Michael. It was for entering & stopping in a box junction. I don't remember the incident, haven't had a point or fine in 22 years, but the photos do make convincing evidence. Not sure how reliable they are. At this stage I just want the option of appealing or paying the discounted rate. (which incidentally is bloody expensive for a 2 rear wheel stop inside the box!) Am a bit of a novice at this, but on the photos are time, dates and speed. There is few second difference in what the camera and photo stills say the time is but otherwise without a video there isn't much I can argue. I read on other forums that it would cost £10 to get a video. unfortunately i haven't been given time for this right of appeal. thanks for the advice. DEC
  6. Can anyone offer advice please: I received a PCN Charge Certificate on 25/7/14, but the letter is dated 18/7/14. I have not received any previous communication. I sent an immediate email stating I had not received the original charge notice allowing me 28 days to appeal or 14 days to pay the discounted amounted. i requested they re-issue the original notice giving me my right of appeal and right to pay at the discounted amount. I received a standard response stating they have checked camera evidence (i didn't appeal it or ask them to) and are satisfied the PCN was given correctly. ( I didn't state any objections to the Notice in my email, only that I had not received any previous communication.) The letter also states the letter was posted to me first class and not returned undelivered. Unless the contrary is proved! How can I prove I didn't get sent a letter!!!?? Surely they must prove that the letter was delivered? Can anyone offer advice as the letter also states that the since they sent this Charge Certificate I have 14 days to pay the amount of £195, and that at this stage the council do not have to consider any further representations that are received and it is now too late to appeal to the Traffic Adjudicator. Can anyone offer any advice? many thanks DEC
  7. @ Swoosh84 - The equipment is under finance with personal guarantees. I would rather negotiate a settlement than pre-pack the business. @ rebell 11 - Thankyou, I will write to him, for what use it will be. I'm sure his team must read the numerous letters of complaint he receives daily. Interestingly, the landlord stated all the commercial units have their own meter, and the residents are fed from tanks at the base of the building which are pumped up to the flats. However mine is the only meter in the street outside the premises perimeter. The others are all grouped together in the car park. But when i looked at the schematics for water the landlord has, it shows my unit linked into the other supplies. Thames water agreed the building schematics are wrong. Thanks for your continued support and knowledge. DEC
  8. Thankyou everyone for your continued input. @rebell 11 - After I meet with the engineer today i will ask to see all reports relating to the meter, if necessary under Data Protection laws. @kjun - the landlord has stated my contributions in my service charge are for shared water services and usage in communal areas with the flats above my business. It is a lot less then the proposed Thames Water charges for my unit, and may well be accurate. As we have never received any communication in 8 years at the premises from Thames Water, and with the service charge listing, it was assumed that was our water charges. @swoosh - yes we are a ltd company - total assets less current liabilities 31st January 2014 £915
  9. Hi Kjun & JoeyJoeyC Thankyou for adding to the discussion. I own a small family run fitness club, so I guess £370 a month may not be unreasonable. Its difficult to tell because I have never had a bill and neither did the previous tenants. I have no issue with paying what is right and fair, my real worry is the £26,575 bill. I simply don't have that money. Even 60% is just under £16,000. I am a small business and to repay that amount over 2 years plus the monthly water bill will be £1000 a month. I am meeting another Thames Water engineer today who is going to show me where the meter is in the street, turn off the flow of water, which should prove it feeds my gym. However as I pointed out it won't be able to prove it supplies only my gym? thanks DEC
  10. Quick update. Thames water have stated that the engineers report that initially established the meter provides direct mains supply to my business, is an internal report so cannot be sent to me. Does anyone have advice on this? Can I demand to see the report under the Data Protection Act 1998? I want to know how it was established, and whether it was proved beyond doubt that it supplies only my premises not any of the others in the same building. many thanks DEC
  11. Hi Rebel11 Thankyou for your prompt response. It's great to be on the site! Yes I have requested only letter and email communication. The landlord has sated that I contribute to the shared waste water outlet as mu business is under a block of flats. I think that looks like it may develop into another dispute as I can't understand how I have to pay to both. Thames Water have offered me to pay over 2 years. So far I have not mentioned the £26,575 to them, only registered my shock, and demanded proof the meter is related to my business and only my business. To date they have refused to send me the original engineers report, but I have a meeting with an engineer onsite tomorrow. If proven any ideas on how far I can push them to reduce the bill. Its very worrying. thanks DEC
  12. Hi, Can anyone give me some advice please. Thames Water have suddenly announced that a meter was fitted to my business premises in 2001, and that since then no-one at the premises has ever been billed. They state they have a right to backdate bills for 6 years, and took a reading over an 18 days and have promptly delivered to me a bill for £26,575. I took the premises over in Aug 2006, but pay within my Landlord Service Charge a contribution monthly under the heading 'water meter'. We therefore assumed this was for the water. The landlord now says the meter that Thames Water have discovered is nothing to do with him. I have asked Thames Water to send an engineer to show me where this meter is, (it is in the street away from my business) and requested they prove it feeds my business only and none of the residential apartments of business within the main building under which is my business. They have no explanation as to why they have not billed anyone for 13 years! Advice urgently required as I do not have the funds for £26,575 bill even if they spread it over 2 years as they have currently offered! I have no issue paying ongoing monthly charges that are right and just but cannot afford to back pay their error over the last 6 years. Is there anything I can do?? thanks DEC.
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