Water Bill - Highdown Debt Recovery [Archive] - David Icke's Official Forums

View Full Version : Water Bill - Highdown Debt Recovery

adzboarder

07-09-2009, 12:30 PM

Hi all,

So I haven't paid my water "bill", kind of as an experiment to see what happens. It's with Southern Water Services and I already had a letter where they added £100 to the "bill" as they claimed that what they had sent me was a "Solicitors Letter" which is bullshit as it's clearly sent from Southern Water as it is on their letterheaded paper. Money for old rope you might say.

So I have a letter from HIGHDOWN DEBT RECOVERY that says:

WATER SERVICES DEBT

AMOUNT DUE £208.19

"We are acting on behalf of Southern Water, who have instructed us to collect your outstanding water charges.

You are now required to make immediate payment of the above amount to prevent further action. If we do not hear from you withing 7 days, we will assume that it is not your intention to respond and shall proceed with recovery action accordingly."

Obviously, I am scared out my wits!

"There may be court action, blah blah blah..."

Love from

SQUIGGLE

Highdown Debt Recovery

At the very bottom of the paper it says:

"Highdown Debt Recovery is a trading name of Souther Water Services LTD Registered Office: Southern House, Yeoman Road, Worthing, BN13 3NX Registered in England No. 2366670"

So it's effectively the SAME company then masquerading as a debt recovery company? Is this right guys?

I was going to proceed with a "fuck you debt collection people, show me the contract I signed" style letter, but can I proceed with that seeing as the "debt collection company" is in fact the water company too?

Any ideas guys?

If any one has any suggestions as to how best to proceed, I will be delighted to hear from you.

Many thanks all.

danster82

07-09-2009, 01:53 PM

the worm that turned

07-09-2009, 02:02 PM

tien an

07-09-2009, 02:33 PM

tien an

07-09-2009, 02:34 PM

nice :) you tried it yourself yet?

Best question I've seen from anyone in a long time!

tian an.

entheogen

07-09-2009, 02:39 PM

Shimple !

File it in the bin

Its unlawful for any water company to cut off water supply to any house

Secondly if its southern water then chances are you will be gettin our good old friend fluoride added to your water any time soon

Why are you worried about paying to be poisoned ?

tien an

07-09-2009, 02:41 PM

Hi all,

So I haven't paid my water "bill", kind of as an experiment to see what happens. It's with Southern Water Services and I already had a letter where they added £100 to the "bill" as they claimed that what they had sent me was a "Solicitors Letter" which is bullshit as it's clearly sent from Southern Water as it is on their letterheaded paper. Money for old rope you might say.

So I have a letter from HIGHDOWN DEBT RECOVERY that says:

Obviously, I am scared out my wits!

At the very bottom of the paper it says:

"Highdown Debt Recovery is a trading name of Souther Water Services LTD Registered Office: Southern House, Yeoman Road, Worthing, BN13 3NX Registered in England No. 2366670"

So it's effectively the SAME company then masquerading as a debt recovery company? Is this right guys?

I was going to proceed with a "fuck you debt collection people, show me the contract I signed" style letter, but can I proceed with that seeing as the "debt collection company" is in fact the water company too?

Any ideas guys?

If any one has any suggestions as to how best to proceed, I will be delighted to hear from you.

Many thanks all.

I don't really know what to say.
You say you've stopped paying to see what happens...do you have a contract with them? (The Water Co.).
Is it signed by you and one of their agents?
I can imagine that, having paid your bill for a while, a 'tacit agreement' or something similar will be in force.
I'd look into the process of A4V, rather than do what you're doing.

Can you pay the bill?
If you can't, make them an offer of, say, £5/month until your situation improves...they can't (as far as I know) cut you off if you've tried to remedy the situation.

Don't forget that being a FOTL is different to Commercial Redemption, although the two can be combined.

regards,

tian an.

tartanbhoy

07-09-2009, 03:53 PM

You may be interested in this fund.

http://www.tpuc.org/forum/viewtopic.php?f=4&t=5431

regards

Stewart

wez004

07-09-2009, 05:02 PM

This can be done as the Freeman way or incorporate into statute way :
cannot lawfully nor legally do this.
I would also ask that the following points are clarified fully before I will resume communication to try and reach an agreement with yourselves:
1. Validation of the debt (the actual accounting), and
2. Verification of your claim against me (a sworn affidavit or even just a signed invoice - signed is important), and
3. A copy of the contract binding both parties.
I would be happy to pay any financial obligation you might lawfully owe as soon as these three documents are received.
I look forward to receiving these in due course so that the matter can be resolved.

Yours faithfully
__________________
__________________

These were taken from tpuc website.

On another note I assume you received a bill? so where then is your order for this bill? Orders before bills right? We dont actually send orders out for water services as this has always been a paid for public infrastructure which is now privatised.

I've gone down this route with Bristol Water.

They will say their water bills legally enforceable and that you have a statutory liability to pay rather than a contractual one. s144 Water Industry ACT 1991.

adzboarder

07-09-2009, 07:25 PM

Thanks all for replies and comments.

In response to your questions:

On another note I assume you received a bill? so where then is your order for this bill? Orders before bills right? We dont actually send orders out for water services as this has always been a paid for public infrastructure which is now privatised.

I did get a bill. Didn't make an order though??

Why are you worried about paying to be poisoned ?

I'm not worried at all and I have previously written to them to ask about flouride and to get a discount as I only use the water for heating and washing, we all drink bottled water. Apparently I am still obliged to pay and there is no discount either. No response on the fluoride, this however is a couple of years ago.

do you have a contract with them? (The Water Co.).
Is it signed by you and one of their agents?
I can imagine that, having paid your bill for a while, a 'tacit agreement' or something similar will be in force.
I'd look into the process of A4V, rather than do what you're doing.

I don't recall signing a contract.
I paid in 2008 in full as normal, this year I didn't set up a direct debit deliberately as I fully object to paying for a human right and/or medicated water.

Can you pay the bill?

Of course, its more that I don't want to, plus they doubled the amount with a bogus "solicitor's letter" that was on Southern Water headed paper...!!

Is it legal to ADD a £100 for late payment?

What is A4V?

I've gone down this route with Bristol Water.

They will say their water bills legally enforceable and that you have a statutory liability to pay rather than a contractual one. s144 Water Industry ACT 1991.

Interesting ^

I'd rather opt out. Is that possible???!

I think I will attempt the letter as provided by Danster and see what happens, although this is not looking good is it...

adzboarder

07-09-2009, 07:31 PM

You may be interested in this fund.

http://www.tpuc.org/forum/viewtopic.php?f=4&t=5431

regards

Stewart

Thanks, that sounds like getting myself into more contractual obligations though.

adzboarder

07-09-2009, 07:41 PM

My letter totally has to remove their right to enter my property too, jeez there is a lot to this isn't there. I'll post up my draft once I have all my shit together and then you experts can tear it to pieces for me!

Oh and did anyone think anything was weird about this in my OP:

"Highdown Debt Recovery is a trading name of Souther Water Services LTD Registered Office: Southern House, Yeoman Road, Worthing, BN13 3NX Registered in England No. 2366670"

So it's effectively the SAME company then masquerading as a debt recovery company? Is this right guys?

number_6

07-09-2009, 08:01 PM

Can you pay the bill?

Of course, its more that I don't want to,

This is a serious enquiry. Are you suggesting that water supply should be free of charge?

adzboarder

07-09-2009, 08:10 PM

Fair enough 6, I see your point totally, but on the flipside, there is only so many times the UK rates payers should have to pay for this infrastructure.

So I guess I am suggesting that water should be free of charge. Unequivocably YES, especially in this supposed "modern world" and as it is a basic human right. Surely £100+ a year from every single household is a lot of money and expensive for most - would you say?

I am sick of giving away over HALF of my earnings on BULLSHIT that I didn't agree to in the first place. Time to say enough is enough.

merlincove

07-09-2009, 08:31 PM

Hey abz :D

yeah, we should have a charge of £100 per year, for something that falls outa the sky and is given freely by Jah himself..... Laughable isn't it.

They wil argue the infrastructure itself is remedy to the cost as per purification etc.....

A4V = accepted for value. i don't fully understand it myself, it gives me a headache, tho the premis of it is the surety of bond / NI number etc being the basis / account for 'paying' such bills. As there is no such thing as money, money is a promisary note after all, and you can not pay a debt with a debt (which a promisary note is - 'i promise to pay the bearere, on demand etc). So A4V assumes we can pay with our bond - as the money we borrow from lenders is money from our bond, that can only be accessed by our signatures and as such is our money.

Look into it, and if you can get your head around it then it might be the best way to go.

i have not tried it yet - too much other stuff to get my head around :D but it is something we'll be putting to the test soon :D

You can deny any one access to your home as per 'doorstep callers,' i use the following in any notices i send....

Furthermore, I would wish to remind you that should it be your intention to arrange a "doorstep call", there is only an implied license under English Common Law for certain people to visit me on my property without express permission; namely the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives, agents or officers to visit me at my property and if you do so without my permission which is not given, then you will be fully liable to damages for a tort of trespass and / or duress and notice of such will be passed on to the relevant law enforcement agencies. You would also be conspiring in a trespass if you visit me uninvited nevertheless.

Sincerely and without ill will, vexation or frivolity

Hope that helps :D

adzboarder

07-09-2009, 08:52 PM

Merlin,

Yeah that's the one, thanks man! :)

Talking of infrastructure, why are still paying a quid for the privilege of driving over the QE2 Bridge in Dartford when it's even been admitted that the bridge has already been paid for many times over by the toll.

It is the "Queens Highway" is it not? Therefore our Vehicle Tax would take care of bridge and road maintenance, surely?

For me and all the reasons I am doing these things* was summed up very nicely by John Harris on "its all an illusion" 2:

It's time to say NO.

*By that I mean, reclaiming my right over bank charges (and re-claiming £5200 for me and my wife) a year or so ago, forwarding parking fines to the DVLA (the rightful owners of "MY" car) and now this, objecting to extortionate water charges. Council Tax is fucking NEXT!

merlincove

07-09-2009, 09:21 PM

Merlin,

Yeah that's the one, thanks man! :)

It's time to say NO.

*By that I mean, reclaiming my right over bank charges (and re-claiming £5200 for me and my wife) a year or so ago, forwarding parking fines to the DVLA (the rightful owners of "MY" car) and now this, objecting to extortionate water charges. Council Tax is fucking NEXT!

There will soon be a tax on changing your mind :rolleyes:

For my own part i'vce been looking into catching and purifying rain water, though thinking it's gotta be beta than the crap that comes out of the tap is perhaps asking for too much given the polutants in the air, chem trails etc.

i'd love nothing more than building a home in a forest someplace, buying the land and creating a home from natural resourses and utilising the energy around us to survive, pure water, pure air, nature, no more fekking bills.

Just say no.

And boy is it annoying, sometimes but such a breathof fresh air, having taught the girls that they haven't got to abide by societies laws, that it is their right to say no, they say nio whenever i ask them to wash the pots, go to the shop, help bring the shopping in... coming back to bite me lol

number_6

07-09-2009, 09:21 PM

yeah, we should have a charge of £100 per year, for something that falls outa the sky and is given freely by Jah himself..... Laughable isn't it.

But surely you are free to catch as much rain that falls out of the sky as you like, and it would all be free of charge. Then you would not need the services of a water company.
Where do you get £100 from? I pay over £500pa

adzboarder

07-09-2009, 09:29 PM

Where do you get £100 from? I pay over £500pa

Kin hell man, that's insane! Where do you live??

Surely you should be even more incensed about this than me then ?!!

Mine is £100 or so from Southern Water and I also have to pay mid-kent water about £100 as well. Fortunately for these sneaky fucks they already had me on a now cancelled direct debit so they are paid up for this year and it's game on in 2010 for those thieving fucks as well.

merlincove

07-09-2009, 09:31 PM

But surely you are free to catch as much rain that falls out of the sky as you like, and it would all be free of charge. Then you would not need the services of a water company.
Where do you get £100 from? I pay over £500pa

For my own part i'vce been looking into catching and purifying rain water, though thinking it's gotta be beta than the crap that comes out of the tap is perhaps asking for too much given the polutants in the air, chem trails etc.

Hey number 6 :D

i'm not sure how much ours are, i think its £139 a quarter or somethin like that - but yeah i'm on the recyling rain water one, beat you to post lol.

just need a decent purifier agent / filter.

We drink bottled for the most part anyway, so any water we use for showers, kettles, washing up etc will be re-routed straight from sourse :D

rosix

07-09-2009, 09:35 PM

But surely you are free to catch as much rain that falls out of the sky as you like, and it would all be free of charge. Then you would not need the services of a water company.
Where do you get £100 from? I pay over £500pa

look, they know the rules of the game, they chose to play in it, so unless they can point me to a law or a contract then I'm not gonna be looking to pay it.

Simple as that really..

number_6

07-09-2009, 09:42 PM

Hey number 6 :D

i'm not sure how much ours are, i think its £139 a quarter or somethin like that -

So, that would equate to about the same as mine, then.

adzboarder

13-09-2009, 11:18 PM

This is the letter I am sending them!

FINALLY got it all written out...

What do you think guys?

WARNING
THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES
PLEASE DO NOT IGNORE

XX XXXXXXX XXXX
XXXXXXX
Kent TN27 XXX

11/09/09

Dear Sir/Madam

Account details: XXXXXXXX

Thank you or your letter dated 30th August 2009 in which you have indicated that there is an imminent court action should I not respond to your letter.

In your letter you have given notice that Highdown Debt Recovery are preparing to initiate legal proceedings over the non-payment of the alleged outstanding balance on the above account.

Given that this matter is now subject to potential legal proceedings, you are obliged to provide, under the Civil Procedure Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden on the Court's resources.

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedure Rules, I request that you supply copies of the following documents:

1) A true copy of the executed contract and any terms and conditions that applied to the account at the time of default.

2) All records you hold on me relevant to this case, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Highdown Debt Recovery.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account: specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

• demand any payment on the account, nor am I obliged to offer any payment to you;
• add any further interest or charges to the account;
• pass/sell the account or outstanding balance to any third party;
• register any information in respect of the account with any of the credit reference agencies; or
• issue a default notice related to the account.

Should you ignore any of the above, I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit and will request that your suitability to hold a consumer credit licence be reviewed.

I very much look forward to hearing from you in due course.

Yours faithfully,

XXXX of the XXXXXXXX Family. (Agent to XXXXX XXXXXXXX)

I think this is a seriously powerfully worded letter and takes the bull by the horns. In other words, OK, you are THREATENING me with court, lets do this, GIVE ME WHAT I need to defend myself in court.

What do you think guys?

Comments appreciated.

Sending love to you all.

adzboarder

13-09-2009, 11:19 PM

I've gone down this route with Bristol Water.

They will say their water bills legally enforceable and that you have a statutory liability to pay rather than a contractual one. s144 Water Industry ACT 1991.

By the way, hows that all working out for you?

tien an

13-09-2009, 11:28 PM

This is the letter I am sending them!

FINALLY got it all written out...

What do you think guys?

I think this is a seriously powerfully worded letter and takes the bull by the horns. In other words, OK, you are THREATENING me with court, lets do this, GIVE ME WHAT I need to defend myself in court.

What do you think guys?

Comments appreciated.

Sending love to you all.

I think it's brilliant. Well done.
I am, however, a nit-picking so-and-so and have to point out that a letter beginning with "Dear....." (not in a private context), is signed-off with "Yours sincerely"
If you begin it with "Sir/Madam", you sign off with "Yours faithfully".

Apart from that....can I copy (and perhaps use) it?
:D

tian an.

adzboarder

13-09-2009, 11:34 PM

Hey man, of course you can use it. I got if from the bowels of the TPUC site:

http://www.tpuc.org/forum/viewtopic.php?f=38&t=3603

It does seem to cover all angles doesn't it!!

Asking for the EXECUTED CONTRACT is genius, and fucks them up at point 1!

As for the Sir/Madam thing, I always thought that if it was Dear MR Smith you end with Yours sincerely, but if you don't know the person and said Dear Sir/Madam, then you end with Yours Faithfully as you are faithfully waiting to hear back.

I could be wrong though of course, but I am certain enough to let it go as is.

tien an

14-09-2009, 03:02 AM

adzboarder

14-09-2009, 10:36 AM

Well this things off in the last post today. Recorded delivery of course! :D

adzboarder

15-09-2009, 05:47 PM

I wasnt sure about whether or not to sign this letter.

I have signed it, and struck through it with 3 lines.

What do you think guys? Is this risky?

I also added a little extra bit at the bottom to put the boot in:

Additionally please be aware that I will regard any further approaches other than in writing as harassment under S40 of the Administration of Justice Act 1970, and any inappropriate written contact as harassment under that Act or S1 of the Malicious Communications Act 1988.

As such you are now to cease any telephone calls to my residence or workplace . Furthermore, should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

Cant forget that now can we!

rosix

15-09-2009, 05:54 PM

is there any resource anywhere with information about any correct method of 'securing' your signature/autograph? Like are 2 horizontal lines through the sig/graph enough etc.

adzboarder

15-09-2009, 06:02 PM

Dunno, thats what I want to know.

Come on Experts! Share the knowledge!

wildhorse

15-09-2009, 06:42 PM

This can be done as the Freeman way or incorporate into statute way :
cannot lawfully nor legally do this.
I would also ask that the following points are clarified fully before I will resume communication to try and reach an agreement with yourselves:
1. Validation of the debt (the actual accounting), and
2. Verification of your claim against me (a sworn affidavit or even just a signed invoice - signed is important), and
3. A copy of the contract binding both parties.
I would be happy to pay any financial obligation you might lawfully owe as soon as these three documents are received.
I look forward to receiving these in due course so that the matter can be resolved.

Yours faithfully
__________________
__________________

These were taken from tpuc website.

.

Jus to quickly mention that I have used this against working tax and child tax credits, when they just landed me a demand, a year after coming off it, saying that I owed them £138.00 for overpayment. I rang them and straight away they read me my 'rights' and tried to con me by saying "if you are disputing this then blah blah" I said no, I am only asking to seek clarification for my statement account records etc. The guy was stuttering and kept repeating the 'act' etc and I stopped him and didnt let him try and trick me. I wrote this template out, and sent it to them 2 weeks ago...I havent posted results up on here yet as wanted to give it cpl more weeks, BUT upto now, I have not heard a word back *hope ive just not jinxed it there lol*

Anyway, bloody fab letter you wrote...love the thread, guy after my own heart

and merlin...ah yes, that living totally off grid somewhere is a lil dream for me too. I hope we, and others achieve it ;)

adzboarder

15-09-2009, 08:44 PM

Thank man.

Indeed, with the Child Tax crap, we got a letter saying we have had an over-payment, my wife got straight on the blower and told them in no uncertain terms that if they have paid us too much in error then that's their own problem and that they can whistle.

Haven't heard a thing back and the payments go in month after month. Sock it to them.

Also, I should state that I copied this from the TPUC site, and added the bit about the implied right of access - I cant have bloody bailiffs on my doorstep now can I? :D

Brilliantly now if the Bailiffs show up I can call the police show them that I have written to them withdrawing their right of access, heres the letter and here is the recorded letter documentation from the post office.

"Constable, I want these men arrested for trespass and conspiracy to commit trespass."

Awesome cant wait! :D

I also had a massive grin on my face after sending this, as the DEBT collection company wont even be able to provide point one of my notice!!

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedure Rules, I request that you supply copies of the following documents:

1) A true copy of the executed contract and any terms and conditions that applied to the account at the time of default.

^Brilliant.
Will keep you posted!

adzboarder

05-10-2009, 09:01 PM

Hi All,

I just wanted to post an update to this on-going saga and I would be delighted to hear what you think I should do next.

So I posted the letter to them (above) asking for a copy of the executed contract and all the other paperwork pertaining to the account.

I wrote and sent this letter to HIGHDOWN DEBT RECOVERY, yet I received a letter from SOUTHERN WATER in return - so what the fucks that all about?

Anyway here is their reply:

Dear Mr AdZboarder,

Thank you for your letter dated 11 September 2009.

I have enclosed copies of the bill and reminders issued for the amount of £208.19 which is currently outstanding.

I have not found any records of telephone conversations received from you regarding this amount. No interest, insurance charges or collection charges have been added to the account. The amount outstanding exclusively refers to the unmetered wastewater services bill for the period from 1 April 2009 to 31 March 2010

I trust this information will enable you to settle our account.

Yours sincerely

Miss R J English
Customer Advisor

They enclose a copy of the following:

1. A complete concise copy of the bill.
2. A final notice demanding £104.10
3. "A Solicitors Letter" on Southern Water headed paper where they added a hundred odd quid as a "solicitors charge". The bill now reads £208.19
4. A letter about OUTSTANDING CHARGES and a threat of court action

They DID NOT include a copy of the executed contract nor make any reference to my previous letter, in fact the original letter wasn't even SENT TO THEM, it was sent to HIGHDOWN DEBT RECOVERY company.

So what do I do?

1. Ignore this letter, and then re-write to HIGHDOWN once the 14 day deadline has passed, effectively making it so they cannot take me to court in accordance with my original letter?

OR

2. Forget the technicalities and address SOUTHERN WATER stating that I asked for a copy of the EXECUTED CONTRACT as originally asked for.

What do you all think?

Any comments or suggestions will be appreciated.

Thanks all.

antinwo

05-10-2009, 09:11 PM

Oh dear I owe my local water company five hundred and sixty one pounds and have sent them an email saying I will pay twenty pounds a month can I get out of this now:confused:

adzboarder

05-10-2009, 09:14 PM

Send them a nice letter like the one above ;)

antinwo

05-10-2009, 09:15 PM

Send them a nice letter like the one above ;)

The letter I have got is one from a debt recovery company. Even though I have said I will pay something will the letter you have posted still work:confused: Will this work for my TV licence too:D

adzboarder

05-10-2009, 09:18 PM

Ah TV License is easier, when they write to you, just think to yourself... who the fuck is "The Occupier" ?

Not me!

I don't know how this is all going to pan out, but I am determined to not pay.

antinwo

05-10-2009, 09:37 PM

Ah TV License is easier, when they write to you, just think to yourself... who the fuck is "The Occupier" ?

Not me!

I don't know how this is all going to pan out, but I am determined to not pay.

Prob is they have my name:o

adzboarder

06-10-2009, 02:02 PM

I need some useful suggestions guys about this... What say you? :)

Hi All,

I just wanted to post an update to this on-going saga and I would be delighted to hear what you think I should do next.

So I posted the letter to them (above) asking for a copy of the executed contract and all the other paperwork pertaining to the account.

I wrote and sent this letter to HIGHDOWN DEBT RECOVERY, yet I received a letter from SOUTHERN WATER in return - so what the fucks that all about?

Anyway here is their reply:

Dear Mr AdZboarder,

Thank you for your letter dated 11 September 2009.

I have enclosed copies of the bill and reminders issued for the amount of £208.19 which is currently outstanding.

I have not found any records of telephone conversations received from you regarding this amount. No interest, insurance charges or collection charges have been added to the account. The amount outstanding exclusively refers to the unmetered wastewater services bill for the period from 1 April 2009 to 31 March 2010

I trust this information will enable you to settle our account.

Yours sincerely

Miss R J English
Customer Advisor

They enclose a copy of the following:

1. A complete concise copy of the bill.
2. A final notice demanding £104.10
3. "A Solicitors Letter" on Southern Water headed paper where they added a hundred odd quid as a "solicitors charge". The bill now reads £208.19
4. A letter about OUTSTANDING CHARGES and a threat of court action

They DID NOT include a copy of the executed contract nor make any reference to my previous letter, in fact the original letter wasn't even SENT TO THEM, it was sent to HIGHDOWN DEBT RECOVERY company.

So what do I do?

1. Ignore this letter, and then re-write to HIGHDOWN once the 14 day deadline has passed, effectively making it so they cannot take me to court in accordance with my original letter?

OR

2. Forget the technicalities and address SOUTHERN WATER stating that I asked for a copy of the EXECUTED CONTRACT as originally asked for.

What do you all think?

Any comments or suggestions will be appreciated.

Thanks all.

adzboarder

08-10-2009, 01:17 AM

Anyone? :eek: :confused: ;) :)

adzboarder

08-10-2009, 10:13 PM

Have I upset you all or something? :o

adzboarder

12-10-2009, 11:08 PM

OK.

I am going to write again to the ORIGINAL company which was Highdown Debt Recovery.

I am going to say as you have failed to send me the details I have requested within 14 days you are now in dishonour.

Please note that, as you have initiated this action, and have failed to respond to the original letter this account in now clearly in dispute and as such you may not:

• demand any payment on the account, nor am I obliged to offer any payment to you;
• add any further interest or charges to the account;
• pass/sell the account or outstanding balance to any third party;
• register any information in respect of the account with any of the credit reference agencies; or
• issue a default notice related to the account.

Should you ignore any of the above, I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit and will request that your suitability to hold a consumer credit licence be reviewed.

What you guys think?

Will that end it all for now? Surely thats a closed case? Any ideas?

refusetoconsent

13-10-2009, 05:56 PM

My personel feelings are that if were paying anything to then from the start then you have accepted liability for the debt and entered into contract, once you start paying then stop, they class you as dishonouring your unwritten contract. I went through all this a couple of years ago in a previous address.
For the last couple of years i have ACCIDENTALLY spelt my name wrong when ever filling in a form for commerce (internet dongle, mobile phone ect)this is where they go looking for the occupier, thus ensuring that at my new address southern water, bbc, debt collecters are all chasing a legal fiction different from my own. No court in the land can make me liable for a different legal fiction than that of my own.
The main threats they dish out are
ruining your credit rating ( not mine)
Court appereances (its not me)
Court costs (its not me)
Debt collecters (its not me). Wish i had thought of it earlier, when one of these smug accredited minnions turn up at my door i always tell them they have got the wrong person and I can prove it, but will only prove it in court which makes them liable for all costs. They usually resort to abuse, and being polite only pisses them off more. I see it almost as an enjoyable sport.
I wish you luck, have they given you a court date? If they are not committing to a date then they are probably holding out for you to give in. Keep us informed.

adzboarder

15-10-2009, 05:59 PM

No it was a threat that I would be taken to court so I demanded a copy of the EXECUTED CONTRACT and all the other paperwork as is my right.

I've got all the toilet paper, but no EXECUTED CONTRACT.

Furthermore, is it not a fraud that I wrote to Highdown Debt, but got a reply from Southern Water - what's that all about?

killmicrosoft

26-10-2009, 03:09 PM

Stage 1 – Initial contact
The licensee should contact Southern Water to request a draft master
agreement and confidentiality agreement. At this initial contact stage, the
licensee should confirm the full name and contact details and details of the
licence held.
Stage 2 – Provision of draft documents
Southern Water will normally reply with the draft master agreement and the
confidentiality agreement within fifteen working days of the request. Receipt
of the initial contact will be acknowledged within three working days of receipt
and contact details of the representative of Southern Water will be notified to
the licensee. The master agreement will include terms in respect of:
• Payment
• Levels of service
• Communication between parties
• Meter reading and exchange of billing information
• other
Stage 3 – Negotiation
It is expected that the licensee will wish to discuss and/or negotiate the terms
of the draft agreements. It is anticipated that agreement would be reached
within twenty working days of the licensee receiving the draft documents.
Stage 4 – Acceptance
On agreement of the terms, both parties will sign the contract and the licensee
may commence negotiation of the contract schedule for an individual
customer.

2.3.2.2 Preparation of Individual contract schedules for wholesale supplies
Initial application
The licensee should submit customer-specific details to enable the contract
schedule to be prepared. The application should include the following
information:
• Name and address of the customer
• Name and address of the premises
• Confirmation from the customer that he gives consent for the licensee to
negotiate as a potential change of supplier.
• A declaration that the premises is eligible.
• Details of anticipated consumption and a forecast of change of use in
either diurnal variation or quantity of supply from that currently received by
the customer.
• Details of the proportion of consumption for non-household usage.
• Details of any service requirements in respect of quality of water or
constancy and variation of pressure.
• Duration of the supply agreement.
• Expected start date of the supply by the licensee.
• Confirmation that the sewerage undertaker has been informed of the
intended change of supplier and of any changes in water use and
arrangements for meter reading.
It is not expected that the licensee will need to re-submit information that has
previously been agreed in the master agreement and is not specific to the
customer and/or premises.
An information template is included as Appendix E

eternal wheel

28-10-2009, 11:32 AM

For the last couple of years i have ACCIDENTALLY spelt my name wrong when ever filling in a form for commerce (internet dongle, mobile phone ect)this is where they go looking for the occupier, thus ensuring that at my new address southern water, bbc, debt collecters are all chasing a legal fiction different from my own. No court in the land can make me liable for a different legal fiction than that of my own.
The main threats they dish out are
ruining your credit rating ( not mine)
Court appereances (its not me)
Court costs (its not me)
Debt collecters (its not me). Wish i had thought of it earlier, when one of these smug accredited minnions turn up at my door i always tell them they have got the wrong person and I can prove it, but will only prove it in court which makes them liable for all costs. They usually resort to abuse, and being polite only pisses them off more. I see it almost as an enjoyable sport.
I wish you luck, have they given you a court date? If they are not committing to a date then they are probably holding out for you to give in. Keep us informed.

this doesn't work. the legal term for what you're describing is 'slippage'.
i.e. if you start using 'browm' instead of 'brown' you still get done for the original, plus evasion. they also have very complicated algorithms to search for just this sort of thing.
i know, i've tried it.