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dexter79

Help required with Yorkshire Water

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Thanks Bankfodder

 

if im honest ive not ever thought of recording my calls , or how i would

 

I await your thoughts

 

thanks

Tom

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Read our customer service guide.

 

You've been here since 2012


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Okay I'm now back and I have normal Internet access again but I have quite a few things to catch up on.

In respect of the summary of the conversation they sent to you, you should respond with your version of the conversation and whether or not you agree with the points that you have made.

This should be standard practice from you. It's essential to lay down a paper trail. You can see that this is what they are doing. If there are elements of the conversation which you disagree with then you must make it very clear that they have misstated the situation. Do not use phrases such as "I don't recollect that…", "I don't believe I said that…"

You must say very clearly that they have misstated the situation and that is not at all what was said. All that was not at all what was discussed et cetera. You should tell them to consult the transcript and if there is any dispute about it that you will bespeak the transcript as part of a subject access request


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First of all I apologise because there's going to be some duplication here. I'm trying to get my head back into this and to understand the story and to get the whole thing into some kind of perspective.

I understand that at some point Yorkshire Water installed a meter on your property
the meter was incorrectly installed
as a result they have been overcharging you quite substantial amount of money for about 11 years
they have offered you a refund
they have also offered to put you on to an assessment charge rather than proper metered supply
you prefer to have a metered supply
you have sent them an SAR and so far as I know they have not responded yet
they originally said that the meter could not be corrected that they have now appeared to resile from that position but instead they have suggested that they are going to charge you for the work

Is this correct?

If this is correct then my view is that when you moved into the property there was a contract with Yorkshire water that they would bill you correctly on the basis of the meter.  I also think that they have a duty towards you to fit the meter correctly – even if you wan the contracting partner. At the very least I think you can take benefit from the Contracts (Rights of Third Parties) Act – just in the event that they try to say that they didn't owe you any contractual duty.

Therefore I think that you are entitled to insist that they fit the metre correctly, that they charge you according to metered charge and also that there is a proper independent assessment as to the amount of money which should have been paid over the last 11 years and an appropriate refund should be made to you.

They have offered you rate of interest which apparently relates to the bank interest rate and I think this is wholly unacceptable. The normal County Court rate of interest is 8% – although this is within the discretion of the judge. However, so far as I know, county courts are generally speaking wording the 8%.

Although Yorkshire water now seem to be prepared to talk, it seems to me to be in your interests to issue proceedings as soon as you recently can because in that way your claim for interest is established and it will then be for a judge to decide the rate – although you should certainly claim for a percent.

If you enter into a negotiation with Yorkshire water then they will offer you a lower rate of interest and the worrying thing is that they may pay you the principal which is outstanding and you will then be unable simply to sue them for the interest – or at least it would be very difficult.

This means that you will have to provoke them into refusing your proposal for settlement so that you then issue proceedings.

From this point of view, I would suggest that you will have to write to them, complain that they have breach the data protection rules in relation to the disclosure of the SAR which by my calculation is now at least two weeks late. I think you will also have to come up with a figure which you believe should be refunded to you and if you haven't done this already then I think that you should put it down in the spreadsheet as quickly as possible so that it is itemised year by year.

The figure should certainly be much more than they are offering you – although it should be an achievable figure and that I think that you should then give them two weeks what you will soon. Your expectation – and your hope would be that they would refuse to comply and then you will then issue proceedings for the value of the meter repairs, the refund that you want plus interest plus costs.

Please let me know what you think about this. I think that you will have to get to independent quotes very fast for the necessary repairs or modifications to the meter.  It is absolutely clear that this is the responsibility of Yorkshire water. It is they that have caused the error and you should not be held responsible for this. Hopefully this will be an area where they become stubborn and unwilling to negotiate and this will allow you to move the whole thing into the County Court.

That's the plan.

Plans always go wrong – but that's the plan.

Please let me know if I have misunderstood anything here. I think you need to move quickly

 


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Hi BankFodder,

Firstly apologies for being late in replying, work and family life have been absolutely mental.

 

I shall try to answer / comment on your points above to try and fill in the gaps

 

The meter was fitted on a dual supply approximately 13 years ago. 

To date I have paid £5569.53 for the water that has passed through the meter and served both properties.

they have offered me a refund, which I refused as it was for around 1900
they have also offered to put me on to an assessment charge rather than proper metered supply, I would prefer to have a metered supply as simple maths shows that I would be paying less for metered water.
I have sent them an SAR and they have responded.

 

Last Friday an engineer from the utility employed by YW visited me, I was under the impression that this engineer would be looking at the feasibility of installing a new supply to next door so that the supply to them from my property could be capped. This engineer told me he was only here to look a re-routing my supply and when I informed him it was to look at a new one I was told well I can only go by the job sheet and the job sheet says a re-route.

YW rang me today and left a voicemail stating that I had refused the engineer and wanted to discuss the reasons for this.

 

I have used the spreadsheet CIsheet101.xls to calculate a refund that I would be happy with this is taking the amounts I have paid by DD and dividing them by 2 and working 8% interest out from these figures and the dates I paid each DD.

This amount is £2784.77 and interest of £1567.91, therefore a total of £4352.68.

 

Does this seem reasonable to request from YW, if so how do I go about this or should I go down the court route and if so how do I begin this process. I am getting fed-up with YW constantly ignoring what I say and am not sure how to proceed. I really appreciate all your help in this.

 

Thanks

 

 

 

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