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Anglian Water - Final Demand: Notice of Default


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Good evening CAGgers,

 

I received the letter detailed below on the 19th Dec and would like some comments on my questions at the end of this post.

 

FINAL DEMAND: NOTICE OF DEFAULT

 

PLEASE ACT NOW TO PROTECT YOUR CREDIT RATING

AND PREVENT A DEFAULT BEING FILED WITH CREDIT REFERENCE AGENCIES

 

FAILURE TO ACT MAY IMPACT YOUR ABILITY TO BORROW MONEY OR SET UP CREDIT

AGREEMENTS FOR SERVICES SUCH AS SATELLITE TELEVISION AND MOBILE PHONES.

 

We note that you have failed to pay the sums owed to us in relation to your water and / or wastewater charges.

You owe the sum of £...

This sum became due and payable on ...

but has not yet been paid, despite a reminder being sent to you on ...

 

Because you have not paid the sums due to us, you are in breach of our payment terms.

 

We urge you to pay the amount due or contact us for help by ..,

otherwise we will be entitled to file default information about you at credit reference agencies for the sums due.

 

Once a default has been filed, it will remain on your credit file for 6 years and may impact your ability to obtain products

and services from other credit organisations such as satellite and mobile phones.

 

To make a payment, please contact us immediately on 0800 975 5575.

We can also help to make the repayments more affordable by allowing you to pay the amount owed in small installments.

Once agreed these installments must be paid on the dates as agreed or an instant default will be applied.

 

You can seek independant debt advice from the Citizens Advice Bureau, National Debt Line or Consumer Credit Counselling Service.

 

This is a legal notice and sets out important information in relation to your rights and legal obligations.

 

For more information about how to respond to this notice, please refer to the guidance notes on the reverse of this notice.

---------

Questions.

1. Can Anglian Water put a default notice on my credit file?

2. Does the default notice have to comply with the regulations in the same manner as a normal Default Notice would?

3. Whilst the CCA is not relevant for this type of service, should a credit agreement of some sort be in place for them to file a default at the credit reference agencies?

4. Should they also have a consumer credit licence?

 

Other notes.

 

There are arrears on the account but we are now catching up and Anglian Water haven't gone this far before so not really sure why they are doing now.

 

I am aware they have a trust fund available, so may be looking into this as well.

 

Many thanks for your help and comments.

 

GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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water is not a priority debt like other gas/elec

they cannot cut you off

their T&C's might say they want the whole thing in one or two lumps

from the start of the year

but in fact you can pay monthly.

 

so are you in arrears, or just in arrears by what they think you should be paying?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Thank you for your reply dx.

 

Each year for the last few years we have missed a few payments here and there so at the start of the latest billing period (April 2011)

there were arrears of just over £600 and also this years billing amount on top, so the total bill was just short of £1200.

 

The payments we have made so far will cover the useage and some of the arrears by the end of the billing cycle, just need to determine what we can do to

start covering more of the arrears.

 

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Share on other sites

hope they've not levied any extra charges, cause thats a bit naughty.

 

TBH this debt is p'haps more important than things like credit cards mobile phones PDL loans etc

 

what else are you paying that you can strip down to £1PCM

you need to sort this

as in time, and i'm suprised they haven't, get a court order on you.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hello DX,

This has been ongoing for sometime but until now they haven't pursued it.

I agree it is more important than some of the other bills, so I suspect it is best to make an arrangement with them of some sort.

 

Where do we stand with regards there default letter and the questions I asked in the original post.

 

Merry Christmas

 

GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Yes utilities companies can place defaults as it is within terms of the service. All the need to do is state that a default with be placed in the final demand in not paid within x amount of days. No cc licence required and no credit agreement is needed either.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Good evening CAGgers,

 

I received the letter detailed below on the 19th Dec and would like some comments on my questions at the end of this post.

 

FINAL DEMAND: NOTICE OF DEFAULT

 

PLEASE ACT NOW TO PROTECT YOUR CREDIT RATING

AND PREVENT A DEFAULT BEING FILED WITH CREDIT REFERENCE AGENCIES

 

FAILURE TO ACT MAY IMPACT YOUR ABILITY TO BORROW MONEY OR SET UP CREDIT

AGREEMENTS FOR SERVICES SUCH AS SATELLITE TELEVISION AND MOBILE PHONES.

 

We note that you have failed to pay the sums owed to us in relation to your water and / or wastewater charges.

You owe the sum of £...

This sum became due and payable on ...

but has not yet been paid, despite a reminder being sent to you on ...

 

Because you have not paid the sums due to us, you are in breach of our payment terms.

 

We urge you to pay the amount due or contact us for help by ..,

otherwise we will be entitled to file default information about you at credit reference agencies for the sums due.

 

Once a default has been filed, it will remain on your credit file for 6 years and may impact your ability to obtain products

and services from other credit organisations such as satellite and mobile phones.

 

To make a payment, please contact us immediately on 0800 975 5575.

We can also help to make the repayments more affordable by allowing you to pay the amount owed in small installments.

Once agreed these installments must be paid on the dates as agreed or an instant default will be applied.

 

You can seek independant debt advice from the Citizens Advice Bureau, National Debt Line or Consumer Credit Counselling Service.

 

This is a legal notice and sets out important information in relation to your rights and legal obligations.

 

For more information about how to respond to this notice, please refer to the guidance notes on the reverse of this notice.

---------

Questions.

1. Can Anglian Water put a default notice on my credit file? - yes

2. Does the default notice have to comply with the regulations in the same manner as a normal Default Notice would? - - it will be a marker not a DN.

3. Whilst the CCA is not relevant for this type of service, should a credit agreement of some sort be in place for them to file a default at the credit reference agencies? - no they are not giving credit

4. Should they also have a consumer credit licence? - doubt it - as above

 

Other notes.

 

There are arrears on the account but we are now catching up and Anglian Water haven't gone this far before so not really sure why they are doing now.

 

I am aware they have a trust fund available, so may be looking into this as well.

 

Many thanks for your help and comments.

 

GD

 

you need to pay 'something' say better than say 1/12th, per month

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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You mention looking into their Trust Fund - best thing you can do IMO as you may get help with some or all of your debt. If I was going to pay them anything, (which I actually don't do because they got me annoyed) I'd be paying a pound or two per week - or even less - towards the debt, as they want to see regular payments before they will help out. If you have not done so already you should write to your water company and ask that they forward you the forms needed to apply to their water charity for help with your arrears. Make sure when completing the forms that your expenditure matches your income and that all of what you spend is spent on essentials.

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  • 1 month later...

Thank you for the further comments and assistance.

I will keep you updated on our progress.

Many thanks

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Share on other sites
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