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robbersway chasing Anglia water debt


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I wonder if anyone has any views on my situation please?

 

I have been fighting eviction by my lender for a few years, with wonderful help from Ell-en on here.

Arrears are now massively reduced even though employment problems have made this a real struggle.

 

Next problem was Council Tax arrears which were made an Attachment of Earnings with no warning - which could have cost my job but mercifully are now paid.

 

Now out of the woodwork has come Anglian Water to whom I owed just over £300 - obviously keeping my house has been my priority.

 

They wanted a charge on my house, which I considered reasonable since I have plenty of equity

and will pay everyone everything owed when I sell this to downsize a bit.

 

They have now written to say that unless I pay the money back (now nearly £800 with charges)

they will go to Court to force the sale of my house.

 

I have written to them to discuss this but have said it is nothing to do with them as a debt collection company Robinson Way are dealing with it.

 

Can anyone advise if they will really seek to sell my house for this small sum?

If so do my mortgage lenders get any say in the matter?

 

Many thanks.

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I think they are being very unreasonable. I owed a little more than that to Yorkshire Water and they were quite happy to take £10 a week to pay it off.

Highly unlikely that a court will make an order for sale for a debt of £800.00, this appears to me to be the very worst abuse of process threatening such action when it is unlikely even impossible to achieve the result AW want.

 

 

I would be consider a complaint to the water regulator and the FCA.

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Is it Robinson Way or Anglian Water who have written to you saying they will go to court for sale of the property?

 

Anglian water collections department are usually quite reasonable, even when they have a CCJ in place, but obviously a charging order is a more serious situation.

 

Are you able to offer any monthly payment?

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is this this years bill

 

 

I very much doubt anything will happen

 

 

I've moved you to the utils forum

sev threads on them here

 

where are you upto with this

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Water companies have in the past tried to enforce the charging orders they have on properties.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Water companies have in the past tried to enforce the charging orders they have on properties.

I not seen a successful application for an order on debts of this size.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi thanks everyone. This is an old bill. I am slowly paying a huge bill from them for over £1,000 which was the result of a faulty meter of their's. Sadly I cannot prove it was faulty but the fact that my bill went from £180 to £1,000 for a half year and I live alone is a clue that something was wrong. There was about an inch of dirt over the meter which they clearly never read, but they would not back down.

 

 

As such I have been concentrating on that and told them I would not be able to pay this bill yet. When they wanted a restriction on my property I thought that reasonable in the circumstances and assumed it was just a safety net for them.

 

 

The letter about forcing a sale is from Anglian Water, but as I say when I emailed them to discuss what I should do they referred me to Robinson Way. I don't really want to deal with the latter as I know nothing about them and they do not hold the Restriction.

 

 

As you know the problem with water companies is that you cannot change provider. So I am stuck with these awful people and don't know quite what to do next.

 

 

At one point I told them to simply cut the water off. Because at £1,000 for a half year it would have been cheaper to bath in Evian!! The bills are still way to high for a single person to be honest. But at least they came and changed the meter when I nagged them.

 

 

Is the best idea to write to them and offer, say, £10 a month? I cannot afford more for a few months until I finally clear the remainder of the mortgage arrears and clear off the unpaid Council Tax. After that I shall have more available. (I have explained this to them on more than one occasion, in writing, but I don't think they employ human beings!).

 

 

Thanks everyone.

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Hi, it is very unlikely that they would get anywhere with enforcing the order but.. it is there ......and it would be incredibly foolish to ignore it. I do think the best way forward is to offer a small payment each month towards the debt, that way if they do try and enforce you can prove you have tried to reduce the debt to the best of your ability given your disposable income. If you need help with a letter please let me know. - I suspect the person you spoke to at Anglian had been told to refer people to Robinson Way with this type of issue, however, however Anglian Water still have responsibility for how this debt is collected as Robinson Way are only collecting it on their behalf (unless they have bought the debt in which case they should have applied to the court to change the Claimant name)

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Thanks Ell-enn. I think I will write with an offer of £10 per month to AW and explain that this can increase in a few months.

 

 

That way the offer is made and I am trying to co-operate.

 

 

I don't see what role Robinson Way have in all this to be honest. As you say surely if they had bought the debt the Restriction would be in their name.

 

 

Thanks for all the advice. I just wanted to be sure nothing dreadful was about to happen because I had taken my eye off the ball!

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Perhaps best not to indicate you can increase in a few months just in case other priorities come up :) Make sure you send by recorded delivery and keep a copy of your letter (and the RD receipt)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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I not seen a successful application for an order on debts of this size.

 

Nor have I. In fact, if it was a CCA regulated agreement it would be impossible under the Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2012. Although this is an unregulated agreement it is, in theory, possible. But the court would need to consider various factors - but most importantly proportionality.

 

If the property is jointly owned with children living there it would be pretty much impossible to force the sale anyway.

 

I think a complaint should be raised as the behaviour is clearly way OTT.

 

http://www.ccwater.org.uk/

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Nor have I. In fact, if it was a CCA regulated agreement it would be impossible under the Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2012. Although this is an unregulated agreement it is, in theory, possible. But the court would need to consider various factors - but most importantly proportionality.

 

If the property is jointly owned with children living there it would be pretty much impossible to force the sale anyway.

 

I think a complaint should be raised as the behaviour is clearly way OTT.

 

http://www.ccwater.org.uk/

 

 

 

Looking through case listing involving " water companies" as generic group the only one I have found that is successful was for an HMO with 4K + outstanding and a sole trader property company the proprietor ending up with a CO

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for all your additional comments - my internet has been down for a few days so was not able to respond.

 

 

I am glad that others think this is way over the top too, but thank you for putting my mind at rest as to the likelihood of them having any success with trying to sell my house from under me.

 

 

I do wish there was a choice with water providers. Anglian Water are incompetent bullies!!

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I hope you get all this sorted, and I don't have any helpful advice regarding the debt itself.

 

However, I live in a 3 bed house on my own and my water rates were around £400 a year. I spoke with Anglian Water after I moved in about the cost as I was a very low user. I shower, don't have a dishwasher and only use the washing machine once, sometimes twice a week.

 

They put me onto their low user rate which at first was costing me about £16 a month based on their estimates of my useage. Then after about a year I thought I'd have a meter fitted and see if that helped... I think with the low user rate it's up to 75cu/mts... not sure if that's a year or a quarter. After having the meter installed for 6 months, my payments dropped to £6 a month for almost 2yrs and about 6 months ago rose to £8 a month.

 

It's well worth contacting them to make sure you are on the best tariff for your use, there's no way I could afford £400 a year in rates as I'm unable to work due to poor health.

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