Anglian water claim form from Northampton Bulk Centre

[Saerimmner]

Hi there hoping you can help me?

 

We moved into our current property in Dec 11 and duly registered with the water company as new customer over the phone,

 

they asked us basic details of names/address etc and then told us that everything was set-up and we would receive out bills in due course as they were due( monthly payments),

 

since then however we have never received a bill or any other paperwork from them other than just advertising flyers

and then today we receive A Claim form from CBCC at Northampton for £469.74.

 

We have never received ANY paperwork from them regarding our account and admittedly we have not contacted them since as there have been a lot of personal and family problems/bereavements which caused their entire existence to completely slip our minds where they have never sent us any bills or paperwork to remind us they need paying.

 

 

Where do I stand with this and what would be the best way to proceed?

 

Thanks in advance,

Saerimmner.

 

Also apologies if this has been posted in the wrong section and if so fplease feel free to get a moderator to move it

[BankFodder]

Have they not sent you any letters before action, or anything?

[Saerimmner]

Have they not sent you any letters before action, or anything?

 

Since we had the telephone conversation with them to set-up the account when we moved in we have received absolutely no correspondence from them at all until this claim form from Northampton bulk centre arrived, we have also had no visits in person and no visiting cards put through our letterbox. Also we have had no contact from anyone acting on their behalf either.

[BankFodder]

Ok. I think that you will have to pay the money - and do it almost straightaway. Are you able to do this?

 

However, this doesn't mean that you are going to simply give up.

They have a duty to conduct your account correctly and by not doing so, they are in breach of contract.

 

Therefore I propose a novel approach which may help to sort it out - and at least it will help to get them to sort out how they handle your account.

 

I think that you should defend by saying that you do know acknowledge any debt and that the debt only falls due on presentation of the bill - which they have not sent to you. You must say that you are paying the disputed sum into court. You will have to pay into court a cheque for the whole amount - less any interest and less any claims fee.

At the same time you counterclaim on the basis that they have breached their duty to run your account correctly. Claim a nominal sum for this breach - say £20.

 

At the same time, send them an SAR to see what they have got on you.

 

Let me ask you a few questions.

You say "we" all the time. Are you a family? flatmates? or what?

 

Are you sole occupants or is it a flat where others might have had access to your mail if it was incorrectly addressed etc?

For instance if you live at no.23b - is your mail being addressed to 23a - or even no.23?

[Saerimmner]

Ok. I think that you will have to pay the money - and do it almost straightaway. Are you able to do this?

 

However, this doesn't mean that you are going to simply give up.

They have a duty to conduct your account correctly and by not doing so, they are in breach of contract.

 

Therefore I propose a novel approach which may help to sort it out - and at least it will help to get them to sort out how they handle your account.

 

I think that you should defend by saying that you do know acknowledge any debt and that the debt only falls due on presentation of the bill - which they have not sent to you. You must say that you are paying the disputed sum into court. You will have to pay into court a cheque for the whole amount - less any interest and less any claims fee.

At the same time you counterclaim on the basis that they have breached their duty to run your account correctly. Claim a nominal sum for this breach - say £20.

 

At the same time, send them an SAR to see what they have got on you.

 

Let me ask you a few questions.

You say "we" all the time. Are you a family? flatmates? or what?

 

Are you sole occupants or is it a flat where others might have had access to your mail if it was incorrectly addressed etc?

For instance if you live at no.23b - is your mail being addressed to 23a - or even no.23?

 

We are a family, me, my girlfriend and 2yr old baby, it is a rented house through an estate agents and we are the only tenants, there have been problems in the past with our post which has generated compliants to Royal mail (parcels/letters not being delivered) and their staff leaving items that require identification on signing being left in garden/with neighbours etc.

 

There is no other property with a similiar door number and the property has been here for nearly 50years so not a new development either.

 

We have also had bailiffs/ DCA`s call at the property for multiple previous tenants.

 

We are in financial difficulty and currently receiving initial finance/debt advice/help from C.A.B and are unable to pay such a large amount at least until payday at around the 20th-23rd of this month at which time it could be cleared however this would cause us difficulties with everyday living as my next payday after this would be end of january and the money remaining from my wages would not be enough for us to survive the 5-6 week gap without going without things like gas/electric/food/nappies etc.

 

I work full time but am currently off work sick with broken ribs which will have a further impact on our incoming funds over the next few months, my g/f does not work and is not eligible for benefits due to my wage .

 

Also for further information our sewerage is contracted to Essex and Suffolk water, we registered with them at the same time as Anglian water and they have only just sent us our first bill since registering with them.

 

Also on the claim form Anglian water are asking us to pay up to March 2013.

[BankFodder]

OK - how much should the bill be up to the date of the claim?

Also, what should the regular monthly amounts be?

[unclebulgaria67]

I think you would be better off trying to sort this out with Anglian head office to find out what has happened. If the amount is due and they had not written to you before issuing the claim, perhaps they will withdraw the claim, if you can come to an arrangement. If you cannot sort out within the 14 days you have to acknowledge the claim, then you will have to acknowledge and do as necessary.

[BankFodder]

I agree that sorting it out with them directly will be the best - but they may well be unwilling to discontinue for less than the full claim value and the claim fee. Direct discussions are always preferable - but unfortunately there seems to be very few companies which are prepared to take cases out of procedure and to try and see where things have gone wrong.

One thing thing you don't want is an unnecessary CCJ - unnecessary costs, a big bill that you can't afford, and all of the rest which comes with it. By all means start talking. It is a good idea - but in the background, don't put matters on hold.

 

In fact if they get wind that this isn't going to be a straightforward judgment - they will then start to look at the case and try to make a proper assessment of their position. It is a very poor standard of customer service - but that is the way it always works with utilities, phone companies, banks and the rest.

 

If we can get the answers to my questions in post 6, we can then give further advice.

[AndyOrch]

Amazing how they have your correct details for the summons...names and address etc....Check they are not billing the LL direct.

 

Regards

 

Andy

[Saerimmner]

Sorry people it seems there was some important information regarding this I was not aware of, will figure it out and get back to you all as soon as possible when im sure of the details of the new info