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    • I've just had a very interesting chat with somebody who's been in the water industry for a large number of years. First of all, the kind of situation you have – a company such as One Utility undertaking the management of the utilities bills is not uncommon with blocks of flats and in fact the utilities companies rather like it although I understand that at least one or two water companies have started become rather cautious about it and have started to withdraw from these arrangements. However, the advantage to the utilities companies – as you can imagine – is that they don't have to be bothered chasing lots of tenants who may come and go and the bills unpaid et cetera. That then becomes the responsibility/legal liability of the utilities management company such as One Utility. My source tells me that it is absolutely normal for these companies to be receiving commissions from the utilities companies that they are dealing with and also to have negotiated a favourable rate because they are effectively making bulk purchases. I'm sure the latter is true of One Utility. I don't know if they are receiving any commission – apparently they have told you that they are not. On the water issue, I have been advised to ask you certain questions. How many other tenants are there in the block of flats? Is the water supply to the block of flats metered? The assumption is that if it is metered then there is simply a single meter to the entire block –?? It would be extraordinary if there was a separate metre to each flat. Has the £40 increase been applied to each one of the flats? If you are the sole person to have received this £40 increase then how would One Utility know that it is your flat which is using excessive water if the water meter simply measured water consumption for the whole building? If on the other hand there is no water meter then it means that each one of flats would be charged water according to its rateable value. This means that they would be a flat annual charge and any excessive water consumption caused by leakage or a change in living culture – or alternatively a reduction in water usage for any reason, would not be reflected in the water bill. It would be a static unchanging water bill. So please could you give us some answers to the above? Also I still would like to know if the errors which have been caused by One Utility have caused you any losses. This is an important question because if they have then this might give us a little opening to a possible line of action.
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    • Hi again, I’m sorry if I’ve caused offence, I can assure you I take the forums and advice you all take time to give extremely seriously. Personally I find previous posts difficult to locate, i don’t know if I go about it the wrong way - and as I’ve said many times before I’m not the best with technology. So I apologise if asking for advice on something that maybe obvious to you, causes annoyance - it’s genuinely not a case of wanting to moan on the internet. Believe me, it took me almost an hour to type the original post as I struggle to type due to my health. I am always extremely grateful of your time when responding, the site has given me some invaluable advice in the past.  Thank you again for your help. H
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Nottsdave

Charging Order-B136(CO) Notice of application to register a restriction against the land

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Hi All

 

 

Some help please, in March 2010 I received- B136(CO) Notice of application to register a restriction against the land.

This was placed due to a sole debt that I had on a credit card, the property is in joint names with my wife.

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

Im really looking for some clarity on this as I don't believe a unsecured debt should be turned into a secured debt and I will deal with the DCA once I understand a bit clearer.

 

 

Thanks

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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We could do with some help from you.

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Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Im afraid CAG cant endorse any legal representation..plenty in the phone book/internet.

 

Thread moved to General Legal Issues


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi

 

 

Just thinking and looking at the letters sent from the Land Registry one is addressed to me and one to my wife is this because we are joint holders of the property ? and its nothing to do with the debt

 

 

Ta


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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If its your debt only...hence the restriction but both of you must be informed...but the restriction is only placed against your share of the equity.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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oki doki

 

 

Thanks


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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so I will prepare some documentation and look to appoint a Solicitor , but before I appoint I will make sure they fully understand what needs to be done and the timescales.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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I personally wouldn't bother Notts....you dont fight the Charge...you fight the judgment that the charge secures.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi Andy

 

 

Thanks for your reply

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

What Im trying to avoid is paying automatically from the proceeds of the sale.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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It can be done and its perfectly legal. The problems finding a solicitor who understands this. I'd be tempted to just ring rould firms and ask.

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Hi

 

 

That's my plan I will discuss with Solicitors prior to appointing to ensure they fully understand what needs to be done.

 

 

Thanks for your reply.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?

 

You can use the Nottingham Law School Pro Bono service for free.

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Hi Sequenci

 

 

What services would they be able to provide ?

 

 

I was going to look at appointing a solicitor to do the conveyancing and to take care of the issue with the debt

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Well you'll need someone to do the conveyancing anyway - I doubt the advice service will be able to do that. I *do* know that they're very good all debt-related issues though.

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ok

 

 

So.. I will contact the Nottingham Law School Pro Bono service to see if they can help me with the detail of making sure a solicitor understands the legal position.

 

 

Then get a solicitor on board and away we go.

 

 

Does that sound like a sensible approach?

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Very much so.

 

For the record, as it's only a restriction there is absolutely NO requirement to pay the charge as part of the house sale, a simple notification of the change in circumstances is all that is required.

 

Good luck!

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Brilliant

 

 

Thanks very much you have been a great help

 

 

Keep up the good work !

 

 

I will let you know how things progress

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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