VERASTAR/CLEAR BUSINESS WATER/Ascent Legal SPC Claim - Water Supply

[dx100uk]

get an sar running

forget to say that 

send it to the claimant. CWB.

 

dx

 

[miapia]

ok will send off to cwb. see what comes back. thanks

[BankFodder]

Radio 4

 

https://www.bbc.co.uk/programmes/m000d7jp

[miapia]

Thank you will have a listen 

[miapia]

hi dx

 

I received all sar details today with all the information they hold.

 

ive checked through it all and there is no correspondence as to when the account was created and who actually created the account.

 

The scottish public services ombudsman had previously upheld a previous complaint stating that they had not notified Mr C when the account was created and this was something they were required to do under The Market Code. 

 

I was not informed of the account being created so maybe this could be one objection going to the courts.

Would appreciate your feedback

 

thanks again

[RMJ]

Hi,

You might find some useful information about Verastar / Clear Business / Kinex etc in these articles published in The Daily Record

 

https://www.dailyrecord.co.uk/news/business-consumer/water-company-set-debt-collectors-14145430

 

https://www.dailyrecord.co.uk/authors/the-judge/campus-nightclub-owner-blazing-mad-14176794

 

Also you might want to listen to this - Adrian Goldberg Investigates Verastar, which runs Kinex, Unicom, Clear Business and other brands.    Podcast released 17 October 2019 https://soundcloud.com/user-162001833/goldberg-investigatesverastar

 

[miapia]

Thank you that is really helpful. I will listen to the podcast soon. Just getting all the evidence i need to send back to courts.

[dx100uk]

On 11/01/2020 at 20:26, miapia said:

1.THE CLAIMANT CLAIMS FROM THE RESPONDENT THE SUM OF £1053.07 IN RESPECT OF A WATER SUPPLY TO (ADDRESS SUPPLIED) WHICH STARTED ON 30 JULY 2018 AND IS CURRENTLY LIVE AND CONTINUES TO ACCRUE CHARGES.

 

2.THE CLAIMANT ALSO CLAIMS INTEREST UNDER THE LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 OF 8% ABOVE THE BANK OF ENGLAND BASE RATE UNTIL 25 SEPTMEBER 2019 IN THE SUM OF £4.60 AND COMPENSATION ARISING FROM LATE PAYMENT UNDER SECTION 5A OF THE LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 IN THE SUM OF £40.00

 

3.DESPITE REPEATED REQUESTS FOR PAYMENT THE RESPONDENT HAS FAILED TO MAKE PAYMENT AND THIS ACTION IS ACCORDINGLY NECESSARY.

 

I WANT THE COURT TO ORDER THE RESPONDENT TO PAY ME THE SUM OF:-

1. £1053.07 WITH INTEREST THEREON AT THE RATE OF 8% ABOVE THE BANK OF SCOTLAND BASE RATE FROM THE DATE OF SERVICE UNTIL FULL PAYMENT

2. £4.60

3. £40.00

4. EXPENSES OF THE ACTION

 

 

 

the above are the details of the court claim that has been issued against you.

 

your following observation will form a part of you response.

be sure you know the source of this.

 

We listened to a call between CBW and the representative of the landlord and were not of the view that consent was given to install a bulk meter, only that CBW could arrange for an initial survey into the matter.

 

We noted that they had not notified Mr C when the account was created and this was something they were required to do under The Market Code.

 

We also found that CBW failed to advise Mr C in initial correspondence that they were billing under The Deemed Contract Scheme where the scheme requires this to be clearly identified to customers.

 

Overall, we found that while the charges were technically correct and liable, the communication from CBW had been poor.

 

We found that the account did not have the authority of the landlord to be created as they did not approve the installation of the bulk meter. Therefore, we upheld this complaint.