Severn Trent Water CO , now Advantis DCA chasing the debt

[:Boy:]

Hope someone can give me a little advice here!

 

We had a debt with Severn Trent Water that was charged against our property as they thought it would be the only way they would get the money (and there Legal team told us this on the phone in Jun 07). Our property was repossessed in Aug 08 and now I have recieved a DCA letter stating 'We have been Instructed by our client Severn Trent Water to make arrangements to collect the debt' The debt is £800 (The DCA is 'Advantis Credit').

 

We know that when the property was repossessed there was a £50,000+ shortfall (another story, but that was the Mortgage companies fault, and the Judge agreed with us on that as well).

 

I have not seen any Defaults on my Credit file for this debt, so it is a surprise to get this in the post.

 

My question really is, can they do this? I expect they can, but they wanted to charge it against our property. They did not want to go through the County Court, even though we were prepared to do this, however they chose to do this instead. My feeling is tough luck at the end of the day, but where do I stand legally?

 

Should I ignore the letter? Contact them with regards to the charge, and that we will not pay? or pay in instalments. If I did the latter, am I entitled to see complete breakdown of charges as the debt was only around £400 at the time? I am not looking at getting out of the debt, but as there is nothing on my Credit file for this (They could probably Default me, but they would have to serve me with a 'Default notice' though, and this debt is not the DCA's)

 

Look forward to any advice and help.

[PriorityOne]

Hope someone can give me a little advice here!

 

We had a debt with Severn Trent Water that was charged against our property as they thought it would be the only way they would get the money (and there Legal team told us this on the phone in Jun 07). Our property was repossessed in Aug 08 and now I have recieved a DCA letter stating 'We have been Instructed by our client Severn Trent Water to make arrangements to collect the debt' The debt is £800 (The DCA is 'Advantis Credit'). If you no longer own the property, then the charge has no relevance now. Chances are that the DCA has no knowledge of the charge anyway and although they talk about their "client", there may be no client either; they could have bought this debt from Severn Trent.

 

We know that when the property was repossessed there was a £50,000+ shortfall (another story, but that was the Mortgage companies fault, and the Judge agreed with us on that as well).

 

I have not seen any Defaults on my Credit file for this debt, so it is a surprise to get this in the post.

 

My question really is, can they do this? Yes... I expect they can, but they wanted to charge it against our property. You no longer have that property... They did not want to go through the County Court, even though we were prepared to do this, Who?... the DCA chasing you now? Are they talking about getting a charge or do you mean Severn Trent from a few years ago? however they chose to do this instead. They can't go for a property charge without going through the courts for a CCJ... so they must have done. What info. did you get to make you think they got a property charge? It could be that they threatened to go for one but didn't. If you had negative equity in your property at the time, there wouldn't have been any point... but nevertheless, they would have needed a CCJ first and this would still be on your crefit file now.... so there's some crossed wires here, I think. My feeling is tough luck at the end of the day, but where do I stand legally?

 

Should I ignore the letter? Contact them with regards to the charge, and that we will not pay? or pay in instalments. I'm confused re. the above so need you to fill in the gaps.... but, don't mention any charge.... ask for a complete breakdown of what they allege is owed by you in writing (by rec. delivery). At this point don't offer to pay anything. If I did the latter, am I entitled to see complete breakdown of charges as the debt was only around £400 at the time? Absolutely, yes. I am not looking at getting out of the debt, but as there is nothing on my Credit file for this I find this very strange... unless you've only contacted the one Credit Ref. Agency. There are 3 and the default might be registered at one of the others instead. (They could probably Default me, only if they've bought the debt, but they would have to serve me with a 'Default notice' though, and this debt is not the DCA's)

 

Look forward to any advice and help.

 

[:Boy:]

Thanks for your help above, I will try and explain a little further, as I have now found some paperwork in the attic (glad I keep all stuff like this!)

 

There was a Judgement for £612.22 (inc Court costs & Interest), we offered to pay, but they instead placed a charge on the property (they could of got Bailiffs but they went down the 'Charge against Property' route), this was Feb 08. At this point our property was worth about £200,000 (just before the housing crash, and we could not sell our house for love nor money). I don't have the paperwork for the Court, but I do have the letter from Severn Trent to confirm that this has happened.

 

Obviously the house was repo and with such a large negative equity, they did not get anything when the house was sold at such a low silly price (someone got a bargain, but the Mortgage company done nothing to the house to make it look presentable -house was empty for more than 6 months-)

 

As I said before, nothing went on my Credit file (checked all 3 companies) so assumed that was it.

 

However, found a Water services final bill for Jan 09 (period Apr 08 to Jan 09, we left this property in Aug 08 as agreed with the Court and posted the keys back (rec del) before the final day) This bill is for a further £249 for that period, and then lumped on top is the bill that was charged against the property.

 

So where do I stand now. The amount that was charged against the property can't be chased now, as it was charged against the property and its not my fault it did not get the full value, or is it?

 

The additional £249, well, we left in Aug 08 (final day before possesion by the mortgage company was 30th Aug) so we only owe from Apr 08 to Sep 08, can we still be charged for the full amount (I don't mond paying for the period we were in the house)?

 

I think they are taking a shot on this debt, but what do we do? I've got no problem paying if I have too, however in a strange way it was there choice to charge against the house, however as stated, there is nothing on my credit files about this CCJ or anything else from Severn Trent water.

 

Look forward to any advice and help

[PriorityOne]

Ok... what you've found in the attic may not correspond with the info. that the DCA has about the issue.... which is why you need to get a full breakdown from them before doing anything.

 

If a CCJ was issued against this debt, then the amount owing should be stated per the CCJ (£612.22) and no more than that.... so if the DCA have added any fantasy charges on top of this figure, you can delete them and inform them accordingly.

 

[Deb T]

When the property was sold were you left with a shortfall in the equity? In as much as your mortgage was for one figure eg. 200k but the property sold for say £170k leaving a 30k shortfall? or therabouts....

 

If there is a shortfall the mortgage company may pursue you (they have 6 years to start the ball rolling) and if there is a 2nd charge (severn trent etc)then they to have a right to pursue you also...same drill as the mortgage company.

 

You say the house took six months to sell and the mortgage company did nothing to it?. Sadly but understandably this is all too common particularly if there is negative equity to them ...why chuck more money at something that you will inevitably lose on...once a house is repossessed it is usually in the best interests of the now ex homeowner to get the property to market/auction as soon as is possible as the arrears are still building up (even if you're not resident in the property)

[PriorityOne]

In reality though, if there's no property.... then the charge is meaningless because they can't take what you haven't got anymore.

 

[debt4get]

even though the charge is now useless surely the ccj will still stand as this was granted before the charge on the property was put in force....because the house was in negative equity the company obviously did not get paid out..however the ccj still stands...and in effect can still be enforced

[PriorityOne]

even though the charge is now useless surely the ccj will still stand as this was granted before the charge on the property was put in force....because the house was in negative equity the company obviously did not get paid out..however the ccj still stands...and in effect can still be enforced

 

Yes, the CCJ still stands.... but the DCA shouldn't be adding charges to that. OP needs a full breakdown of how they've arrived at that figure but should only pay the figure on the original CCJ.

 

[:Boy:]

I thought I had sent a letter to the DCA, but checked my file and nothing sent (which I thought I did).

 

Just a couple of points, I have 3 copies of my updated Credit File and no CCJ from the Water company, very strange but nothing there.

 

Secondly, the total debt amount is £801.97, £552 of this is for the 'CCJ', and then an amount for £249.75 which is the final water bill for the date of April 08 to Feb 09. Having the property being handed back to the mortgage company in August and no longer in our possesion do we still have to pay the water bill from Sept to Feb 09 even though the property is not ours, but the mortgage companies?

 

I don't have a problem paying the debt, I will try a settlement amount, however, the whole point of this is that the Water company chose to put a charge on the property and not seek for me to pay the debt monthly through the Court. Should I be liable to pay?

 

Thanks for your help and advice.

[harrassed senior]

I can well understand your point, but sadly I have to agree, the Water Company got caught out the same as many millions of people, but the CCJ still stands as it is never SB.

 

However, I also understand that should you make a Full and Final which is accepted by the DCA (who may not know of the CCJ) then you should make sure that the CCJ becomes marked as Settled, which leaves the problem of when to tell them (DCA) about the CCJ.

 

I am not sure that you should owe the total final bill, but I assume it was up to you to submit a final reading, or whatever on the date you left the building. If you were no metered, then I would ask for a Pro-rata Bill for that period.

[:Boy:]

I have today recieved another letter from Advantis, this time they have added another £167.92 onto the bill, so toatl now is £969.89.

 

I will send them a letter today asking for a full breakdown of costs, and see where we go from there.

[:Boy:]

Just an update.

 

I have received a letter from Advantis to tell me the debt is suspended untill they receive all of the information from Severn Trent Water and a complete breakdown, then they will send it too me.

 

Ironically, yesterday I received a letter from Severn Trent Water with the final bill for our the property that was repo' which includes the 'Court amount'.

 

Lets wait and see!

[harrassed senior]

You should not have 2 companies chasing this debt, so I would stick with Severn Trent as theirs will be the lower amount ?

[:Boy:]

its been two companies all along. Severn Trent have obviously asked Advantis to collect the debt? (part of the title for this thread)

 

I hopefully won't be paying for anything, it was secured against the property, but lets wait and see.