Carter litigation proceeding on behalf of thames water.

[kay000]

Pls

i'm in need of urgent help with a bryan carter litigations proceeding on behalf of thames water( £853.).

 

Received a claim form from Northampton(CCBC) dated 16/10/2013 but received 21/10/2013.

 

I am a novice at this sort of things.

I initially called BC to try and arrange a kind of repayment plan

but they are bullying me into making a monthly payment plan I can not afford.

don't know if that was a good idea.

 

Now stumbled on this forum .

 

The particulars of claim says

" Pursuant to section 142 and 143 of the water industry act 1991

The claimant claims 853.

being part of a debt due for water service charges under acc no .....

.for the period 01/09/2011 to 01/04/2012 .

 

Pls what can I do as

 

i do not want a CCJ and don't like the idea of going to court and also I am really running out of time .

[silverfox1961]

Hi and welcome to CAG. Sorry you were missed

 

All I can do is alert the site team so that this thread can be moved to the Legal Issues Forum as court papers have now been issued.

[dx100uk]

moved to legals.

 

is the claimant listed as BC or the water company.?

 

tell us more about the debt background please.

 

dx

[citizenB]

 

The particulars of claim says

" Pursuant to section 142 and 143 of the water industry act 1991

The claimant claims 853.

being part of a debt due for water service charges under acc no .....

.for the period 01/09/2011 to 01/04/2012 .

 

 

Your timeline is as follows..

 

Issue date 16 October + 5 days for delivery = 21st October + 14 days to acknowledge = 4 November + 14 days to submit a defence = 18 November

 

This is a part claim apparently, which I don't think is allowed.

 

Site team are aware and someone will look in on you with some advice as soon as they can.

 

If you are going to defend this, then you MUST acknowledge the claim by 4th November. You can acknowledge online using the claim number and the password on the claim form. You will find the password on the right hand side a little ways down the claim form This will give you a further 14 days in which to prepare and submit a defence.

 

Have you been provided with the breakdown of the account so that you can confirm that the amount being requested is correct ? If he says the claim is only part of the outstanding amount due, do you know what the full amount is ?

[citizenB]

Can you perhaps give us a little more information on how you got to this stage.

 

Did you try to make arrangements with the Water Company to repay by instalments.

 

Did you receive a Letter before Action ?

[kay000]

Hi and welcome to CAG. Sorry you were missed

 

All I can do is alert the site team so that this thread can be moved to the Legal Issues Forum as court papers have now been issued.

 

Thanks for quick response

[kay000]

moved to legals.

 

is the claimant listed as BC or the water company.?

 

tell us more about the debt background please.

 

dx

The claimant is listed as Thames water utilities Limited

Address for sending documents and payment is BC's

 

Moved into a rented apartment in late 2011.

 

Was not used to paying water bills from my previous accommodations and + some money issues made me not really take the water bills seriously.

 

Then Fredickson got involved and I had to set up a plan for the arrears with Fredickson

but after two or three payments, unfortunately could not keep up at the time

 

then BC got involved. with endless text messages

a couple of letters

(one a final notice dated 24/06/2013 demanding payment in 10days and

 

then eventually a letter issuing litigation proceeding on the 16/10/2013

 

and claim form from Northampton (ccbc) on same day.

[Andyorch]

For information so you know what they are referring to :-

 

http://www.legislation.gov.uk/ukpga/1991/56/contents

 

142 Powers of undertakers to charge.

 

(1)Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—

(a)to fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b)to demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2)[F1Subject to subsections (2A), (3)and (3A)] below, the powers conferred by subsection (1) above shall be exercisable—

(a)by or in accordance with a charges scheme under section 143 below; or

(b)by or in accordance with agreements with the persons to be charged.

[F2(2A)Paragraph (b) of subsection (2) above shall not have effect in relation to—

(a)charges for the supply of water to a dwelling, or

(b)charges for the provision of sewerage services in respect of a dwelling,but this subsection does not affect any agreement made before the commencement of section 3 of the Water Industry Act 1999.]

F2(2B)In subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.

(3)Paragraph (b) of subsection (2) above shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 129 above.

[F3(3A)The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.]

(4)Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(5)The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.

(6)Nothing in subsections (1) to (5) above or in any charges scheme under section 143 below shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

(7)References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act.

 

 

 

143 Charges schemes.

 

(1)A relevant undertaker may make a scheme (“a charges scheme”) which [F1has effect in relation to a specified period of twelve months and]does any one or more of the following, that is to say—

(a)fixes the charges to be paid for any services provided by the undertaker in the course of carrying out its functions;

(b)in the case of a sewerage undertaker, requires such charges as may be fixed by the scheme to be paid to the undertaker where, in the circumstances set out in the scheme—

(i)a notice containing an application for a consent is served on the undertaker under section 119 above;

(ii)such a consent as is necessary for the purposes of Chapter III of Part IV of this Act is given by the undertaker; or

(iii)a discharge is made in pursuance of such a consent;and

©makes provision with respect to the times and methods of payment of the charges fixed by the scheme.

(2)The persons who may be required by a charges scheme to pay any charge fixed by virtue of subsection (1)(b) above shall be the person who serves the notice, the person to whom the consent is given or, as the case may be, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.

(3)A charges scheme which requires the payment of charges where a discharge has been made in pursuance of such a consent as is mentioned in subsection (1)(b) above may impose—

(a)a single charge in respect of the whole period for which the consent is in force;

(b)separate charges in respect of different parts of that period; or

©both such a single charge and such separate charges.

[F2(3A)A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above—

(a)by the Secretary of State; or

(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.]

(4)A charges scheme may—

(a)make different provision for different cases, including different provision in relation to different circumstances or localities; and

(b)contain supplemental, consequential and transitional provision for the purposes of the scheme;and such a scheme may revoke or amend a previous charges scheme.

(5)Nothing in any charges scheme shall affect—

(a)any power of a relevant undertaker [F3in a case not falling within section 142(2A) above]to enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by the undertaker; or

(b)the power of a sewerage undertaker to enter into any agreement under section 129 above on terms that provide for the making of payments to the undertaker.

[F4(6)A charges scheme shall not take effect unless it has been approved by the Director.]

F4(7)The Secretary of State may give guidance to the Director on the exercise of his power under subsection (6) above; and the Director shall have regard to that guidance in the exercise of that power.

F4(8)The Secretary of State shall arrange for any guidance given by him under subsection (7) above to be published in such manner as he considers appropriate.

F4(9)The Director may not exercise his power under subsection (6) above for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.

[dx100uk]

when did you move out?

 

were you getting any bills?

 

have you a way of checking what the water company wanted ?

[kay000]

I tried to make arrangements with water company after receiving the claim forms but was told it was no longer in their hands.

 

Don't know if letter before action is the same as final notice which was what i received from BC dated 24/06/13 Demanding payment in 10days or the matter may be refered for court proceeding.

[kay000]

Your timeline is as follows..

 

Issue date 16 October + 5 days for delivery = 21st October + 14 days to acknowledge = 4 November + 14 days to submit a defence = 18 November

 

This is a part claim apparently, which I don't think is allowed.

 

Site team are aware and someone will look in on you with some advice as soon as they can.

 

If you are going to defend this, then you MUST acknowledge the claim by 4th November. You can acknowledge online using the claim number and the password on the claim form. You will find the password on the right hand side a little ways down the claim form This will give you a further 14 days in which to prepare and submit a defence.

 

Have you been provided with the breakdown of the account so that you can confirm that the amount being requested is correct ? If he says the claim is only part of the outstanding amount due, do you know what the full amount is ?

 

In the form of a bill from thames water.Total Amount due is£903.35

Amount due at last bill(dated 07/02/2012) is £500.55

Total new charges for this period is £402. 80

Then went further to say £500.55 is with collection agency or subject to legal action.

[kay000]

For information so you know what they are referring to :-

 

 

(1)Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—

(a)to fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b)to demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2)[F1Subject to subsections (2A), (3)and (3A)] below, the powers conferred by subsection (1) above shall be exercisable—

(a)by or in accordance with a charges scheme under section 143 below; or

(b)by or in accordance with agreements with the persons to be charged.

[F2(2A)Paragraph (b) of subsection (2) above shall not have effect in relation to—

(a)charges for the supply of water to a dwelling, or

(b)charges for the provision of sewerage services in respect of a dwelling,but this subsection does not affect any agreement made before the commencement of section 3 of the Water Industry Act 1999.]

F2(2B)In subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.

(3)Paragraph (b) of subsection (2) above shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 129 above.

[F3(3A)The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.]

(4)Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(5)The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.

(6)Nothing in subsections (1) to (5) above or in any charges scheme under section 143 below shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

(7)References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act.

 

 

 

143 Charges schemes.

 

(1)A relevant undertaker may make a scheme (“a charges scheme”) which [F1has effect in relation to a specified period of twelve months and]does any one or more of the following, that is to say—

(a)fixes the charges to be paid for any services provided by the undertaker in the course of carrying out its functions;

(b)in the case of a sewerage undertaker, requires such charges as may be fixed by the scheme to be paid to the undertaker where, in the circumstances set out in the scheme—

(i)a notice containing an application for a consent is served on the undertaker under section 119 above;

(ii)such a consent as is necessary for the purposes of Chapter III of Part IV of this Act is given by the undertaker; or

(iii)a discharge is made in pursuance of such a consent;and

©makes provision with respect to the times and methods of payment of the charges fixed by the scheme.

(2)The persons who may be required by a charges scheme to pay any charge fixed by virtue of subsection (1)(b) above shall be the person who serves the notice, the person to whom the consent is given or, as the case may be, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.

(3)A charges scheme which requires the payment of charges where a discharge has been made in pursuance of such a consent as is mentioned in subsection (1)(b) above may impose—

(a)a single charge in respect of the whole period for which the consent is in force;

(b)separate charges in respect of different parts of that period; or

©both such a single charge and such separate charges.

[F2(3A)A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above—

(a)by the Secretary of State; or

(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.]

(4)A charges scheme may—

(a)make different provision for different cases, including different provision in relation to different circumstances or localities; and

(b)contain supplemental, consequential and transitional provision for the purposes of the scheme;and such a scheme may revoke or amend a previous charges scheme.

(5)Nothing in any charges scheme shall affect—

(a)any power of a relevant undertaker [F3in a case not falling within section 142(2A) above]to enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by the undertaker; or

(b)the power of a sewerage undertaker to enter into any agreement under section 129 above on terms that provide for the making of payments to the undertaker.

[F4(6)A charges scheme shall not take effect unless it has been approved by the Director.]

F4(7)The Secretary of State may give guidance to the Director on the exercise of his power under subsection (6) above; and the Director shall have regard to that guidance in the exercise of that power.

F4(8)The Secretary of State shall arrange for any guidance given by him under subsection (7) above to be published in such manner as he considers appropriate.

F4(9)The Director may not exercise his power under subsection (6) above for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.

 

Sorry totally lost me here?? What do I do pls need advice.

[kay000]

when did you move out?

 

were you getting any bills?

 

have you a way of checking what the water company wanted ?

 

Yes I was getting quarterly bills I think.

 

Don't really understand the " checking what water company wanted"part

[Andyorch]

Sorry totally lost me here?? What do I do pls need advice.

 

That is the legislation they are relying on within their particulars of claim

 

 

The particulars of claim says

" Pursuant to section 142 and 143 of the water industry act 1991

The claimant claims 853.

being part of a debt due for water service charges under acc no .....

.for the period 01/09/2011 to 01/04/2012 .

[dx100uk]

Don't really understand the " checking what water company wanted"part

 

 

you've answered that in post 11 quite nicely.

 

dx

[kay000]

For information so you know what they are referring to :-

 

142 Powers of undertakers to charge.

 

(1)Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—

(a)to fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b)to demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2)[F1Subject to subsections (2A), (3)and (3A)] below, the powers conferred by subsection (1) above shall be exercisable—

(a)by or in accordance with a charges scheme under section 143 below; or

(b)by or in accordance with agreements with the persons to be charged.

[F2(2A)Paragraph (b) of subsection (2) above shall not have effect in relation to—

(a)charges for the supply of water to a dwelling, or

(b)charges for the provision of sewerage services in respect of a dwelling,but this subsection does not affect any agreement made before the commencement of section 3 of the Water Industry Act 1999.]

F2(2B)In subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.

(3)Paragraph (b) of subsection (2) above shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 129 above.

[F3(3A)The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.]

(4)Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(5)The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.

(6)Nothing in subsections (1) to (5) above or in any charges scheme under section 143 below shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

(7)References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act.

 

 

 

143 Charges schemes.

 

(1)A relevant undertaker may make a scheme (“a charges scheme”) which [F1has effect in relation to a specified period of twelve months and]does any one or more of the following, that is to say—

(a)fixes the charges to be paid for any services provided by the undertaker in the course of carrying out its functions;

(b)in the case of a sewerage undertaker, requires such charges as may be fixed by the scheme to be paid to the undertaker where, in the circumstances set out in the scheme—

(i)a notice containing an application for a consent is served on the undertaker under section 119 above;

(ii)such a consent as is necessary for the purposes of Chapter III of Part IV of this Act is given by the undertaker; or

(iii)a discharge is made in pursuance of such a consent;and

©makes provision with respect to the times and methods of payment of the charges fixed by the scheme.

(2)The persons who may be required by a charges scheme to pay any charge fixed by virtue of subsection (1)(b) above shall be the person who serves the notice, the person to whom the consent is given or, as the case may be, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.

(3)A charges scheme which requires the payment of charges where a discharge has been made in pursuance of such a consent as is mentioned in subsection (1)(b) above may impose—

(a)a single charge in respect of the whole period for which the consent is in force;

(b)separate charges in respect of different parts of that period; or

©both such a single charge and such separate charges.

[F2(3A)A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above—

(a)by the Secretary of State; or

(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.]

(4)A charges scheme may—

(a)make different provision for different cases, including different provision in relation to different circumstances or localities; and

(b)contain supplemental, consequential and transitional provision for the purposes of the scheme;and such a scheme may revoke or amend a previous charges scheme.

(5)Nothing in any charges scheme shall affect—

(a)any power of a relevant undertaker [F3in a case not falling within section 142(2A) above]to enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by the undertaker; or

(b)the power of a sewerage undertaker to enter into any agreement under section 129 above on terms that provide for the making of payments to the undertaker.

[F4(6)A charges scheme shall not take effect unless it has been approved by the Director.]

F4(7)The Secretary of State may give guidance to the Director on the exercise of his power under subsection (6) above; and the Director shall have regard to that guidance in the exercise of that power.

F4(8)The Secretary of State shall arrange for any guidance given by him under subsection (7) above to be published in such manner as he considers appropriate.

F4(9)The Director may not exercise his power under subsection (6) above for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.

 

Don't really understand the " checking what water company wanted"part

 

 

you've answered that in post 11 quite nicely.

 

dx

 

Oh okay thanks still a newbie here!

[kay000]

For information so you know what they are referring to :-

 

 

 

142 Powers of undertakers to charge.

 

(1)Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—

(a)to fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b)to demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2)[F1Subject to subsections (2A), (3)and (3A)] below, the powers conferred by subsection (1) above shall be exercisable—

(a)by or in accordance with a charges scheme under section 143 below; or

(b)by or in accordance with agreements with the persons to be charged.

[F2(2A)Paragraph (b) of subsection (2) above shall not have effect in relation to—

(a)charges for the supply of water to a dwelling, or

(b)charges for the provision of sewerage services in respect of a dwelling,but this subsection does not affect any agreement made before the commencement of section 3 of the Water Industry Act 1999.]

F2(2B)In subsection (2A) above, “dwelling” has the meaning given by paragraph 1(2) of Schedule 4A to this Act.

(3)Paragraph (b) of subsection (2) above shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 129 above.

[F3(3A)The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below.]

(4)Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(5)The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.

(6)Nothing in subsections (1) to (5) above or in any charges scheme under section 143 below shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

(7)References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under Chapter III of Part IV of this Act.

 

 

 

143 Charges schemes.

 

(1)A relevant undertaker may make a scheme (“a charges scheme”) which [F1has effect in relation to a specified period of twelve months and]does any one or more of the following, that is to say—

(a)fixes the charges to be paid for any services provided by the undertaker in the course of carrying out its functions;

(b)in the case of a sewerage undertaker, requires such charges as may be fixed by the scheme to be paid to the undertaker where, in the circumstances set out in the scheme—

(i)a notice containing an application for a consent is served on the undertaker under section 119 above;

(ii)such a consent as is necessary for the purposes of Chapter III of Part IV of this Act is given by the undertaker; or

(iii)a discharge is made in pursuance of such a consent;and

©makes provision with respect to the times and methods of payment of the charges fixed by the scheme.

(2)The persons who may be required by a charges scheme to pay any charge fixed by virtue of subsection (1)(b) above shall be the person who serves the notice, the person to whom the consent is given or, as the case may be, any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.

(3)A charges scheme which requires the payment of charges where a discharge has been made in pursuance of such a consent as is mentioned in subsection (1)(b) above may impose—

(a)a single charge in respect of the whole period for which the consent is in force;

(b)separate charges in respect of different parts of that period; or

©both such a single charge and such separate charges.

[F2(3A)A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker’s costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker’s customers generally; and a sewerage undertaker’s duty under this subsection shall be enforceable under section 18 above—

(a)by the Secretary of State; or

(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.]

(4)A charges scheme may—

(a)make different provision for different cases, including different provision in relation to different circumstances or localities; and

(b)contain supplemental, consequential and transitional provision for the purposes of the scheme;and such a scheme may revoke or amend a previous charges scheme.

(5)Nothing in any charges scheme shall affect—

(a)any power of a relevant undertaker [F3in a case not falling within section 142(2A) above]to enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by the undertaker; or

(b)the power of a sewerage undertaker to enter into any agreement under section 129 above on terms that provide for the making of payments to the undertaker.

[F4(6)A charges scheme shall not take effect unless it has been approved by the Director.]

F4(7)The Secretary of State may give guidance to the Director on the exercise of his power under subsection (6) above; and the Director shall have regard to that guidance in the exercise of that power.

F4(8)The Secretary of State shall arrange for any guidance given by him under subsection (7) above to be published in such manner as he considers appropriate.

F4(9)The Director may not exercise his power under subsection (6) above for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.

 

Your timeline is as follows..

 

Issue date 16 October + 5 days for delivery = 21st October + 14 days to acknowledge = 4 November + 14 days to submit a defence = 18 November

 

This is a part claim apparently, which I don't think is allowed.

 

Site team are aware and someone will look in on you with some advice as soon as they can.

 

If you are going to defend this, then you MUST acknowledge the claim by 4th November. You can acknowledge online using the claim number and the password on the claim form. You will find the password on the right hand side a little ways down the claim form This will give you a further 14 days in which to prepare and submit a defence.

 

Have you been provided with the breakdown of the account so that you can confirm that the amount being requested is correct ? If he says the claim is only part of the outstanding amount due, do you know what the full amount is ?

 

Pls how do I provide a link to my thread? I am new to this forum and desperately in need of help!!

[dx100uk]

you are there already

just reply to posts

 

dx

[kay000]

Hi Ppl,

 

I am getting more txt msgs from BC asking me to call them regarding my account with Thames water.

 

pls can I get some advice,

 

should I call them?

 

I already acknowledged the Claim form from the court

 

is there a realistic defence I can put up?

 

Pls Pls I need some advice from anyone!!

[dx100uk]

no do not converse on the phone.

[kay000]

no do not converse on the phone.

 

Ok thanks a lot for getting back to me,I must mention though that before I found this forum I had spoken to BC to try to resolve, does this matter??

[citizenB]

Ok thanks a lot for getting back to me, I must mention though that before I found this forum I had spoken to BC to try to resolve, does this matter??

 

Not at all, but now a claim has been issued, you should keep everything in writing. Unless you are able to record the call, in which case that would be ok.

 

Have you sent BC any letters ? I am not sure why he wants to speak to you, now a claim has been issued ?

[citizenB]

You have until the 18th November to put together a defence.. so don't worry too much at this moment.

 

You could if you wish, send a short note to Bryan Carter and ask why his office is sending text messages ? Advise that now he has issued a claim on behalf of Thames Water, you would prefer that all communication is in writing in order to protect yourself.. Head the letter with the claim references and Thames Water v You

 

If you can afford it, send by recorded delivery, at the very least, do obtain a free proof of posting from the Post office.

[kay000]

You have until the 18th November to put together a defence.. so don't worry too much at this moment.

 

You could if you wish, send a short note to Bryan Carter and ask why his office is sending text messages ? Advise that now he has issued a claim on behalf of Thames Water, you would prefer that all communication is in writing in order to protect yourself.. Head the letter with the claim references and Thames Water v You

 

If you can afford it, send by recorded delivery, at the very least, do obtain a free proof of posting from the Post office.

 

Thank you very much, you lot must be angels! will be desperately looking forward to any defence ideas.

[kay000]

Not at all, but now a claim has been issued, you should keep everything in writing. Unless you are able to record the call, in which case that would be ok.

 

Have you sent BC any letters ? I am not sure why he wants to speak to you, now a claim has been issued ?

 

No, I have never written to BC before!