Default Removal - Welsh Water / Dwr Cymru

[dreamuk27]

In short, I had a default on SAT 8/10/2016 with Welsh Water, which was passed to Moorcroft Collection, I paid in full on Tuesday 11/10/2016.

I was suffering with mental health issues at the time.

 

I have tried to ask for Welsh water to remove the default due to mitigating circumstances, Mental Health and the affect it is having on my personal circumstances. They refused as they say it was correctly recorded, they have however given me a letter stating my good conduct ever since.

 

I asked the consumer council for water to assist in trying to ask them to reconsider.

They failed.

 

I then went to the water ombudsman WATRS and failed again.

I recently was successful in removing a ccj by having it set aside, with a lender. which got me thinking.

I rejected the WATRS decision, and they said in their final response

".This is to confirm that we have received your notification that you have rejected the adjudicator’s decision. As a result, the decision has no binding effect. You remain free to take action against the company in the courts or elsewhere"

My questions are:
Could I take it to court?
How do I go about this?
Where could I find a specialist lawyer?
Is there any other way?

 

Should I provide the full case?

[BankFodder]

I'm afraid that it is almost impossible to get this removed.

You certainly won't be able to do it by litigation and a "specialist" lawyer if they had any decent ethics would decline the case and tell you that it was hopeless rather than take your money.

Most lawyers will tell you that they will see what they can do then they will start sending letters and getting absolutely nowhere and then charge you for the pleasure.

The water companies and anybody else who subscribes to the credit reference agency files would rather do something disgustingly rude to their own grannies then help you out with your credit rating.

I'm sorry but there is no good news here.

[dreamuk27]

Thanks I assumed that would be the case, I was sure I ran out of options.

[dx100uk]

water debts are treated the same as any consumer credit, though it is not 'credit' as so far as under the Consumer Credit Act.

 

did they actually issue a default notice?
how did they inform you of the default and what did the letter say?

do you still have it?

 

typically (though again i say water debt is NOT covered by the CCA re section 87/8 re default notice)

But

they give a mandatory 14 days to clear the balance..

you appear to have met that...

 

why is the default removal SO.. important and why have you left it 4yrs?

 

 

[dreamuk27]

Hi thanks for replying.

 

They claim to have sent me a default notice which i did not recieve, although they have provided me with a copy, as i did a SAR request.  I had to pay it by 8/10/16 which was a weekend and end up payin it on 11/10/16. I was 72 hours late.  

 

Welsh water Notification to default date 8/9/16, £206.99, it says "If failed to pay they have a right under Water industry Act 1991 to record a defaulted payment. Having just read it, it was by 6/10/16.  Although the letter from moorcroft says the 8/10/16.

 

The importance for removal was that in  2018,  I was accepted on an housing association rent to buy scheme. 25% of my rent goes to a mortgage deposit, if i dont get a mortgage and buy i lose my house and deposit and i will have to rent privately. the terms are within 3 years.  default doesnt drop off until 4 years Oct 22.  

 

I have nothing on my credit record holding me back other than this default.

I have spent the last 4 years cleaning it up, this is the last thing. 

the only debt i have is with credit union loan, which finishes in May, balance £500.

 

I have £2000 savings with credit union, and £6000 saving with bank plus £9000 from my rent to buy scheme. 

My bank will give me a mortgage once default is gone at a reasonable rate.

 

mitigating circumstances put to WW were: 

 

I am a single dad of 3 adult children (25, 21,18). Two of my children are autistic (25,21). My 25-year-old lives with me.  As you can imagine this is quite challenging.

 

I also suffer some mental health issues myself anxiety and depression, which was escalated at the time the default was registered, and perhaps at that time I did not realise the impact it would have on me and my family’s future, due to my mental health.  

 

In addition to challenges in my life, although I live in Pembrokeshire, in order to provide for me and my son’s, I work away from home Monday to Friday for a Charity supporting older people that require care as they approach end of life and currently hold a job in London.

 

I have worked away from home during the week since 2015, and this has a significant impact on managing my time and dealing with personal affairs.

 

 I read my post Saturday mornings, which means I can only act on any correspondence once I have read my post, which I always do as soon as it is possible which is early the following week.  To put this in perspective I leave Pembrokeshire for my job in London at 2am on a Monday morning, and return from London on a Friday leaving London at 6pm and arriving home at midnight. This indeed takes a toll on me and I am very tired over the weekends, and I then must start my job as dad, so life is very hard indeed.

 

I file every letter I receive, and I did not receive correspondence from Welsh Water during the time in question. Unfortunately, during this time my previous mobile phone had broken, and I changed provider and did not receive any other communication Welsh Water may have made. Ultimately its my word against Welsh Water. 

I work incredibly hard to ensure my sons have the best quality of life they can, and the main thing that is important to the welfare, particularly my autistic sons is that change causes serious anxiety that is met with challenging behaviour.

In July 2018, after working incredibly hard, I was luck enough to be one of only 6 people in Pembrokeshire to be excepted on a rent to buy scheme with our Housing Association. I am contractually obliged to buy the property within a period by applying for a mortgage.  

 

The default registered against me is stopping me from doing that.  

It is the only Default I have on my Credit Reference Agency files.

All my accounts are in good standing with all other creditors.  

 

If I am unable to get a mortgage, we face a huge upheaval in our lives and will be asked to move again which will raise even more issues in striving for a settled life for my family, as it will cause more anxiety for my autistic sons who find life difficult when changes are made to a home we are settled in and they are happy with.  

 

I am currently managing my own anxiety and depression and have done so since 2014 after intervention of Mind

 

With support of a psychologist and GP I have spent the last 6 years working hard and giving back to society and trying to build a life for my son’s.  It has been a desperately hard road; however, I am proud to achieve all I have achieved for my family and the people I support.  I am a compassionate and empathetic person and work hard for everything I do for others.

 

Just to add Welsh Water said they issued the default notice, because it was sent to their post system for posting so i must have received it,

i didnt,

their word against mine. 

[dx100uk]

have you written or emailed the CEO directly?

[dreamuk27]

Yep didnt help! best they offered was a letter to say i have run my account ok since.

[dx100uk]

ok 

and to date you have not approached the mortgage co? they are still in the dark?

 

going by recent threads here most mortgage co's now disregard such single aged defaults, esp as you have a letter from the Water company.

 

 

[dreamuk27]

i  spoke to the Mortgage Lender  was gong to use, and advised to wait until default is off,.  i guess i need to shop around a bit more, i was just told i would find it almost impossible with a default.  thanks for your advice.