4 years of harassment and a CCJ for an account that didnt exist

[Nagasis]

Hello,

 

This is on behalf of my sister who is on income support, a single parent with a disabled child.

 

In Aug 2005 she moved into a new house. United Utilities setup 2 accounts instead of 1.

 

From the word go she recieved letters stating the acount was over due. She kept paying these demands but they never stopped the letters. The letters got worse with threats of legal action. She struggled to pay and fell behind.

 

They passed it on to a dca in 2006 who also threatened legal action. She complained at this point but they seem to shrug it off. She started paying the dca and in mar 2007 got a new bill in from UU so was trying to pay both (arrears and new yearly bill). She received more demands from UU and again got further behind with payments as she could not pay what they were asking.

 

In nov 2008 the took her to court and got a ccj. She had to pay the ccj and the UU bills still coming in.

She struggled to pay the ccj and uu at the same time and then in july 2009 she got a further demand and threat from UU that she was 700 in arrears even tho she had just paid.

Again she complained but this time they stated that there had been an error and they had created an additional account in 2005. She did not owe them anything but they owed her an over payment of £1100 and that she should never have been taken to court.

 

They offered 200 in compensation and have set aside the ccj.

 

However for 4 years of threats and demands, a ccj and damage to credit file 200 was not good enough.

 

So under section 3 of the protection from harassment act 1997 I have started a claim against UU and damage to credit file .

 

I will update as and when i get more info

Edited August 14, 2009 by Nagasis

[Guest Old_andrew2018]

good luck I hope UU get what they deserve

[Conniff]

Good on you, £200, didn't they forget a zero somewhere.

 

Don't forget the interest on the £1,100 (compounded) that will be a few hundred so they haven't actually offered anything in compo.

 

Did they offer a refund or to attach it to the other bill?

[Guest Old_andrew2018]

This is a story you can take to the media, you can name and shame the dca and UU

 

Andy

[kimdunja]

Absolutely - United Utilities are a horrendous company! Contact the media, your MP, everyone - we need to get together and make sure UU lose their contract.

[Nagasis]

just an update.

 

To answer conniff, they took this years bill in full and gave her back the remainder.

 

A claim has gone in and as my sister is easily intimidated I have put my address on the N1 (for service of docs) however the solicitor has started to send docs straiht to her, it was only a copy of the acknowledgement of service but for one there was no need to copy anyone but the court nevermind my sister at an address they arent to supposed to send docs.

 

also I sent a sar but they stated they recieved it 11 days after posting. I do have proof they lied as I did recored delivery.

 

oh, they intend to defend the whole claim (even tho part of the claim is costs associated with the wrongful ccj).

Edited August 26, 2009 by Nagasis

[Nagasis]

Absolutely - United Utilities are a horrendous company! Contact the media, your MP, everyone - we need to get together and make sure UU lose their contract.

 

 

I have been considering contacting bbc northwest or granada. I was unsure if this would affect the claim.

 

I would be good if anyone knew. thanks

[Conniff]

It is very unlikely that a responsible newspaper would put at risk a case that is sub judice. They will wait for the outcome and then report it.

[Nagasis]

Little update,

 

They are now playing silly buggers as they have sent a letter stating they require identy for the sar request, once received they will have 40 days.

 

I will reply with a ' you are aware of her identy as you have took her to court and she is taking you to court so stick your identy' letter. The clock is unchanged as far as I am concerned and they have until 11th sep to comply or its off to court to force them and claim further compensation.

[Nagasis]

another little update.

 

 

Have written to MP. Lets see if this has an effect. I doubt it but we can hope.

[Nagasis]

Another update.

 

No reply to SAR so have today sent an LBA giving them 7 days to comply. Have already got the claim ready to send.

 

Also concilla (there in house dc) have no consumer credit license to collect debts and they cant use UU's license as UU do not list Concilla as a trading name (thanks to pelham http://www.consumeractiongroup.co.uk/forum/general-debt-issues/50906-concilia-debt-recovery-no.html#post1693409 ). So I will be including that aswell.

 

Also will give it a couple of weeks (as expecting their defence and to see what Mr MP does) and then I will contact BBC Northwest and ITV Northwest

[Nagasis]

Well received a letter from UU stating they will not comply with the SAR. So in 6 days another claim will be entered against them.

 

I have made a complaint to the ICO in which I have made clear that UU's request for further ID is unreasonable as there has been a long standing relationship between UU and the data subject(at the same address) for at least 5 years which include dozens upon dozens of letters, phones calls, A CCJ and a large payment made to the data subject.

UU cannot claim they are unsure of the data subjects ID when they have already taken them to court and made a large refund aswell. In addtion they have also received a claim for harassment from the data subject.

 

I now need to know, do I proceed with the new claim for failing to comply with the SAR or do I use CPR part 18 with the current harassment case. Their defence is due in very shortly and I still need the info requested in the SAR?

 

Any advice is helpful?

As this is now a legal matter can a Mod please move it to the Legal forum please

Edited September 10, 2009 by Nagasis

[42man]

Moving to the Legal Issues forum...

[42man]

For the SAR compliance there are a few cases here that might help

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200771-starting-court-claim-sar.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204306-fox-cap1-dpa-sar.html

[Nagasis]

Thanks 42 man for the links, however I'm a bit stuck as to how to proceed.

 

As the info request in the SAR directly relates to the current harassment claim can I as claimant ask for it using cpr 18 ?

 

I know I could just send further ID but they have had enough time already (more than 40 days) and they know perfectly well who the data subject is.

 

Any advice appreciated

[Nagasis]

Little update, have contacted the BBC Northwest tonight programme. Hope to hear from them soon.

 

Still wouldnt mind some advice on what to do in regards to getting the info from the SAR.

 

Which one should I do?

1) Start a further claim (which will take forever)

 

2) Send the ID (and wait another 40 days)

 

3) Ask for the info using CPR part 18 (and give them 14 days )

 

Edit: am I even allowed to use part 18 as the claimant?

 

Advice anyone?

[42man]

CPR31.16 might be a good way to get them to reveal documents.....I think you'll understand if you read this - although this is biased towards obtaining your agreement I THINK the principles are the same...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

This is a link to someone who has been successful with CPR31.16 - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[42man]

This is another thread (CPR31.16) on a different subject.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/211098-will-cpr-help-getting.html

[Nagasis]

thanks 42 man, I will try 31.16. Your help is appreciated. I will reply when I get a reply or the defence is in.

[42man]

No problem, i'm not saying it is the best way, and i'm no expert on the pre action protocols...you might like to drop a user called surfaceagentx20 a PM as he is great on pre action CPR's.....You need to state a pobbiel just cause in the CPR31.16 too, but it seems you have one....but I think some legal advice from a solicitor really would be a good first move....

[Nagasis]

Defence has arrived.

 

Am I allowed to scan and place it on here? Further advise appreciated.

 

In Short:

 

1)They admit wrongly pursuing her for four years and setting up an account that she was not responsible for however deny that it was harassment.

 

2) They admit wrongly issuing court proceedings and obtaining a CCJ.

 

3) They state that as my sister admitted the ccj their actions were reasonable as they were like minded. (the truth being she was freightened to death of court).

 

 

4) they invite me to amend the claim so as to show the defendant as " united utilities water plc" rather than united utilities group plc" ---- how do I do this?

 

5) They put us to strict proof of:

 

a) My sister is single, on IS and has a disabled child.

b) That she moved into the premises when she stated. (july 2004).

c) that she suffered financial hardship, stress, anxiety etc due to their actions.

d) That she had to pay post office counter charges when paying the wrongful ccj.

 

 

any help welcomed

[ScarletPimpernel]

I'm surprised that no-one has mentioned Ferguson v British Gas Trading Ltd (2009), since it can be used to demonstrate that U's behavioir was harassment, and they can't say that it wasn't because they had made a mistake.

[Nagasis]

Thanks for the reply SP, I did reference Ferguson v BG in the POC's. Their defence tho doesnt mention it

 

I would like to scan up the POC's and defence but am I allowed to now it is in litigation?

[Docman]

Hi nagasis

 

Yes you can scan up but removing sis's personal details.

[Docman]

UU have both 'United Utilities plc' AND 'United Utilities Group plc', so you could mistakenly get the wrong company. I suggest you either use the name on the CCJ that they got against your sister or look on the invoices/letters received. These should state the copmany registration number which is the definative way of identifying the correct company. 'United Utilities plc' has a number of 2366616 AND 'United Utilities Group plc' is 6559020.