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    • So here is where things stand at the moment (sorry it's a very long post!):   I moved into this property in November.  I contacted both my electric and gas suppliers to change address and get my accounts moved over.   Electric - I closed my old account from my previous address, opened a new account for this address, set up a direct debit and requested they become the supplier.  The only thing that was outstanding on the account was a discussion about tariffs.  On 21st November they tried to call me but I didn't answer (judging from the time I was probably driving home from work).  I received a payment from them at the end of November from my previous account (which I clearly didn't check as I thought it was money going out for my direct debit).  I incorrectly assumed the call was about tariffs, which tbh, I'm not really fussed about. Their request to become the supplier was rejected but they didn't follow up on it or try to contact me again.  So I, like an idiot, thought it was all sorted out.  It's only now that I've been through my account that I realise they haven't been taking payments. I have spoken to them since Friday and the above is what they have told me has happened.   Gas - I closed my old account and have been trying to get a new account opened since November.  I have had several discussions with them re: the change request being rejected and they didn't know why it was being rejected but to leave it with them.  They told me at the beginning of this month it would be done by the 21st January.  During this phone call they said I could call the current supplier to make sure it goes smoothly but that it wasn't essential as they expected it to be completed by the 21st.  Last week they sent me a final demand for my previous address.  I contacted them to raise a complaint as I thought they were at fault, as I expected it to have been changed as per the above.   I spoke to them on Saturday and have sorted out my final bill and they have advised me to open accounts with the current supplier, Spark, clear them and then I can switch. Interestingly they also told me that Spark went bust in 2018 and it is a company called Ovo who are on the national database as the gas supplier.   Spark - This is the company who changed the meters on Friday.  I have two letters (one for gas, one for electric) that were left with the smart meter they had plugged in in the kitchen, both addressed to the previous tenant.  I obviously did open these on Friday.  Both letters state that they had changed the meters to prepayment meters.  There are several boxes that list current debt, amount of credit on meters etc none of which are filled in.  They also state that a booklet has been left explaining how the smart meter works.  There was no booklet. When I contacted them on Friday they told me that I was in fact on credit meters (I don't know if they changed this remotely when they realised I wasn't the person with the debt).  They also told me they had every right to enter the property and aren't able to check every time who the current occupant is and I should have told them I'd moved in.  I was told that someone would call me at 1pm on Saturday to discuss my complaint, thus far no one has called me.   I spoke with citizen's advice yesterday who really weren't much help tbh.  They said I should have contacted the current supplier when I moved in and provided a copy of my tenancy agreement.  I've moved A LOT over the years and have never had to do this.  I have checked several energy supplier websites and they all state to switch to them or move home simply to contact them and they will basically do the rest, not one of them states that you need to call the current supplier... obviously, on reflection I really wish I had!   My letting agent/landlord have requested that I take any post for the previous tenant to them and they will return it.  They also want confirmation of what type of meter (prepayment or credit) is now in the house.  The locks were changed when I moved in so only myself, the letting agent and the landlord have a key.  None of us let them in on Friday.     My next step is to open accounts with Spark/Ovo, clear the balances since November and then change suppliers.    All of the above have advised me to follow Spark's complaint procedure which I will do but as I said above they haven't contacted me so far re: the complaint I made on Friday.   Should I also contact Marston's to raise a complaint with them?   Whilst in all of this I do appreciate I could have done a fair bit to have made my life easier and probably prevented this happening (hindsight is wonderful!) my main complaint is that neither Spark nor Marston's felt they needed to perform a very simple check and see who actually lives in the property before breaking in.  I cannot for the life of me see how this is acceptable or legal.  Whilst they had the legal right and a warrant to enter the previous tenant's property as far as I am concerned they had no right to enter mine.    
    • I am in the process of looking on the land registry and it's showing on there alongside Lloyds bank,am going to look at deeds aswell  
    • Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.
    • If you have insufficient evidence to support the claim, it is very difficult.   No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money.    Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.
    • My point was that the fear being generated is disproportionate to the current threat. Initial under reporting of cases gave an inflated picture of the percentage death rate and images of cities in lockdown do look like a disaster movie so I understand why. This article is worth a read for some perspective. https://www.theguardian.com/science/2020/jan/27/what-is-coronavirus-symptoms-sars-china-wuhan          
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Can I claim compensation for water leak on Anglian water pipes

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High as per title above,

for the last year or so Anglian water have been trying and failing to find a leak effecting my property.

 

It has now been traced to a faulty pipe in the road,

Anglian water are claiming this leak may be due to incorrectly shut of pipes by property developers, with the leak appearing over some time 20 years???.

 

My front garden was like a swamp and fencing has rotted away and needs replacing, sections of my drive way have cracked.

I am also concerned that now fixed, the water that has been present to the side of my house could cause subsidence.

Can I claim for damage and potential damage, from Anglian water?

 

Advice is very welcome

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Start with s.209 Water Industry Act 1991 and see where that takes you


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Thanks for the reply. I have had a good look through the act and I am unable to find if I can claim compensation for the damage to my property from the water company. I can see it for pipe laying, being cut off, if a leak on my land and its effects others, my responsibilities, but not if I can claim for water damage from leaking highway mains pipes. (albeit over time). I am starting this claim now but don't want to get several emails and letters deep if I can simply quote the water suppliers responsibilities from the act. It may be that the 'language' is not 100% clear to me, still reading in hope....

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then you need to consider the (almost) oldest bit of law regarding health and safety and that is  Rylands v Fletcher.

A lot has changed since then but that is a good starting point.

in short they have a common duty of care and have to pay for damage done. Now you need to be able to put a figure on that damage and vague thoughts about possible subsudence in the future wont wash. get them to admit liability and agree to pay for a proper survey and them indemnify you for future loss if a problem is found. They wont like it but will hate the alternative if they have been found to be obstructive.

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Sorry to disagree with the usually excellent advice of ericsbrother, but what he has said about Rylands v Fletcher is wrong. The case has no relevance to your situation

 

In any event you do not need to consider possible common law claims against the water company because it has a strict liability for damage caused by leaking pipes in the law BankFodder has already pointed out - s209 Water Industry Act 1991. You say "I have had a good look through the act and I am unable to find if I can claim compensation for the damage to my property from the water company" but the water company's liability to pay you damage to your property is expressly stated in s2019 (1). Pursue them on that basis, their liability under s209 (1) for the damage caused to your house.

 

Just as background to Rylands v Fletcher, it has nothing whatsoever to do with health and safety - it dates from 1866 when H&S legislation still a century away and anyway expressly excludes claims for bodily injury. It's a special type of common law claim in nuisance for compensation if you can't prove that the person who caused the damage was negligent, a strict liability. (Mr Fletcher built a reservoir which leaked into Mr Ryland's adjoining coal mine - budding law students can read the 1868 House of Lords decision here). When I was a law student we always learnt that the liability in Rylands v Fletcher only arose if the defendant had made a non-natural use of the land (eg Mr Fletcher's reservoir). But modern law cases have confirmed many times that water pipes for domestic supply, wherever they are, are not a non-natural use so Rylands is irrelevant. Again for budding law students (as it's 36 pages long!), see the House of Lords judgement in Transco plc v Stockport Borough Council [2003] UKHL 61 

 

 

 

 

 

Edited by Ethel Street

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38 minutes ago, Ethel Street said:

...but the water company's liability to pay you damage to your property is expressly stated in s2019 (1). 

 

 

Quote

Typo, sorry. s209 (1)  Timed out before I could edit it.

 

Quote

 

 

Edited by Ethel Street

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HI all, thanks for the replies, I have found what I believe to suit my needs in the Water Act, where the 'undertaker/supplier is responsible for compensation' (currently I have lost the exact section etc) . However, after asking ES Water for a more in depth description they have emailed to following.

 

"I can confirm that the leak was escaping from an old private supply pipe. We identified a private connection in Kingfisher Crescent that was supplying this pipe. We disconnected the pipe, but I can advise that we do not have any knowledge of who is responsible for this private pipe.

 

It is our understanding that your estate is a relatively new estate built upon old estate/garages. It would appear that this pipe was never disconnected. We identified that it was over 100 metres long and surfaced on Kingfisher Crescent. This pipe was not connected to any current property and ran between the garden borders of Falcon Close and Kingfisher Crescent.

 

As we have previously advised, we are not responsible for private pipework and having reviewed the extensive investigation which we undertook during 2018, every effort was made on our part to locate and resolve"

 

Is this a lost cause, as the pipe belongs to no one?

 

Thanks 

 

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I fear that may be the end of the road for you. It's s209 (1) [linked earlier in thread] and says "Where an escape of water, however caused, from a pipe vested in a water undertaker causes loss or damage, the undertaker shall be liable...". The water company are saying to you that the leaking pipe was not "vested" in them so they are not liable. Theoretically someone - previous owner of site? property developer or contractor who built your estate?  - might be liable but from what the water company says the likelihood of ever identifying them is remote, and proving liability after more than 20 years would be difficult even if you could find them and they are still in business.

Edited by Ethel Street

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Another thought, you could make a Freedom of Information request to get a copy of their investigation report and see if that has anything in it that would help you.

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Hi, I thought that may be the case. I may look at another avenue, regarding the same issue but I am sure the end result will be the same. This issues has affected the properties for years in this area, I put in a drain away pipe 7 years ago due to what I was told was a natural spring. Therefore, they have been aware for numerous years of the issue, so I may pressure them on this or at least push them for taking so long to find. 

 

I will request a copy of the investigation report, any suggestions of how to do this, or just ask? 

 

Once again thanks for your help.

 

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I thought there was a template letter on here for making a Freedom of Information request but I can't find it. This page from the Information Commissioner's site explains it. 

 

https://ico.org.uk/your-data-matters/official-information/

 

As you are already in contact with them and they have told you that they carried out the investigation it's pretty straightforward. Just write back to them asking for a copy of the investigation report and associated information and mention this is a Freedom of Information Act request.

Edited by Ethel Street

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Why would a Data Protection Act SAR be useful dx100uk? Surely it's the information they hold about the water pipe that's needed, not the information they hold about the OP?

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must be his info..he started the complaint.they have relied and carried out work to remedy the complaint? part of his data stream.

 

 


..

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Hi All

 

Unfortunately I do not think that Essex and Suffolk were responsible for this 'old' pipe, or according to them they were not.  If this is the case then I don't think I can make any claim from them. My other course of action could be the that this leak was reported several years ago and not found and many of my neighbours have had to do work to their gardens to accommodate for the leak. Is this something that could be another idea?

 

Thanks

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It is our understanding that your estate is a relatively new estate built upon old estate/garages.

 

who built the new estate? who owns the land the pipe was on?

 

did they not have a duty of care to connect/disconnect all utilities on the land they purchased?/built on?


..

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