@thameswater Non Customer CRA Default

[CookieRocks]

Hi, hoping for some advice.

 

Last month, whilst checking my Elearscore/ Equifax credit file, Thames Water have added and defaulted an account onto my credit file.

 

It's added on my previous address.

I never had an account with Thames Water.

I've not lived at the address for over 8 years.

They've added the account in 2016 but backdated it to 2014.

Default amount is over £1000+.

 

From my formal complaint, they first said they got my details from me.

They then said they got my details from a letter they opened which was from a solicitor which was addressed to me and dated around 2014 [it can only be a DCA solicitor letter. All mail was in a shared common hall as it was three storey flats].

They then also say that my details are still at the address on the Electoral Roll data.

 

Obviously I dispute it all. They refuse to remove it, saying I have to prove that I wasn't living there, but I don't think I should have to. I think they need to prove that I was living there, they refuse to, I'm not sure they can, but it's just going back and forth now.

 

Obviously this is affecting my credit rating and credit worthiness.

 

What should I do?

 

Thanks in advance.

 

CookieRocks

[Ford]

you could try the ICO, see what they say.

if you've never had an account with Thames, then they shldnt be chasing you. presume the landlord there paid the water?

 

have they so far rejected your complaint?

[silverfox1961]

Hi

Resolving problems is a two way street. If you want this removing quickly just send them something to prove you have lived at your current address for as long as you state.

 

By not agreeing to assist them, they are unable to amend a credit file as they have no proof it isn't you. The ICO wouldn't do that much as you have done yourself no favours.

 

Once they agree they have got it wrong then I would be asking for a gesture in acknowledgement of their wrongdoing

[Ford]

if you've never had an account with Thames, then they shldnt be chasing you. presume the landlord there paid the water?

 

?

ah ok, if the flats (tenants) were responsible for the water and not the landlord, then yes they cld chase whomever was there at the time i suppose. as said, just show them when you moved.

if its all not applicable to you, then the default/chasing shld be removed. hopefully with a 'gesture'.

[CookieRocks]

ah ok, if the flats (tenants) were responsible for the water and not the landlord, then yes they cld chase whomever was there at the time i suppose. as said, just show them when you moved.

if its all not applicable to you, then the default/chasing shld be removed. hopefully with a 'gesture'.

 

Yeah, tenants were/ are responsible for the water rates. But, again, this particularly doesn't bother me, especially as they are charging/ chasing for years 2014 - 2017 .

 

I guess, its just easier to just play them by the book and getting on with things. S'pose I'm irritated by the big boy bully get away with what they want tactics. Thanks for your thoughts Ford. Appreciated.

 

Hi

Resolving problems is a two way street. If you want this removing quickly just send them something to prove you have lived at your current address for as long as you state.

 

By not agreeing to assist them, they are unable to amend a credit file as they have no proof it isn't you. The ICO wouldn't do that much as you have done yourself no favours.

 

Once they agree they have got it wrong then I would be asking for a gesture in acknowledgement of their wrongdoing

 

Thanks silverfox.

 

I think I knew that'd be the only way forward in the end, as I mentioned to Ford above, just irritated more than anything. Plus, their continual refusal to discuss the matter added to an already difficult year stressed me out and tipped me over the edge and I ended up in hospital, but that's another story.

 

What level of gesture should I look towards?

 

Appreciate your advice and help.

[martin2006]

Concentrate on providing the proof that you werent living there and as such, not responsible for any alleged debt, the gesture can be worried about later.

 

If possible contact the landlord of the property and ask for the information of who actually was living there

[CookieRocks]

Hi, back again.

 

Thames Water Ltd have finally written back to me, disappointing reply to say the least. Having provided the information they requested, they refuse to correspond further.

 

I provided the Council Tax bill corresponding to the period from which they opened the account in my name, which I thought would have cleared things quickly. Unfortunately it is not enough for them, they now want me to provide CT bills for 15/16 and 16/17. Furthermore the bills that have elapsed already they want bank statement proof that payments were made.

 

I am not happy to provide this, on the fact that these payments were made by my father from his account, I don't think that my father's personal data, details and information have to be given to them.

 

They state that I am still on the Electoral Roll for the previous address, however, having spoken to the Council for the previous address, they confirm that I am not on their register. They sent a screenshot from a system called Cameo, which appears to deal with the Electoral Roll - via Call Credit.

 

However, I did a search on 192 and my name does show at the property. Could this be cached information? Removable upon request?

 

I sent them screenshots from my Credit File with regards to 'payments' made towards the 'account', this was purely to show they have provided false/ incorrect information about me, yet they are now asking if I am disputing the account, why I have made payments. So they've completely twisted that around.

 

As my name is still on the electoral roll, they refuse to remove it, because they think I am occupier or landlord renting out the property and to provide occupier details for them to remove the account, this is impossible because I am not the landlord.

 

Without the other CT bills, bank statements showing payments for the CT bills, occupier details [which I don't have, and has nothing to do with me] they will not talk any further, and to speak to CCWater.

 

Surely, they are able to find out who lives there?

As mentioned, I am reluctant to get my father and any of his personal data involved in this.

This is really doing my head in, what advise can you give?

Does the ICO deal or get involved with this at this point?

Or is CCWater the best way forward?

 

This has been going on for almost 3 months now.

 

Look forward to all help received.

 

CookieRocks

[silverfox1961]

I can appreciate that you don't want to show them more than you need to.

 

My thoughts.

Raise a formal complaint in writing and sent by snail mail and only include anything with your data on as they have no right to see anyone else's data (although you could explain why)

 

Complain to the ICO. Unfortunately, the ICO are about as useful as a chocolate fireguard but they may be able to assist.

 

You shouldn't have to be doing Thames waters' job for them. They are quite able to check to see if the property is in your name or not and check the electoral register again for both areas.

 

If they still refuse to assist and it is longer than 8 weeks since the complaint, you can go to the water ombudsman. Equally, if they send a final response before the 8 weeks, you can escalate and the same applies if they send a deadlock letter.

 

Frustrating I know but big companies think they are above the law and you are just a minor irritant.

 

If you need to phone them, record all the calls. Ideally deal in writing only.

[CookieRocks]

I can appreciate that you don't want to show them more than you need to.

 

My thoughts.

Raise a formal complaint in writing and sent by snail mail and only include anything with your data on as they have no right to see anyone else's data (although you could explain why)

 

Complain to the ICO. Unfortunately, the ICO are about as useful as a chocolate fireguard but they may be able to assist.

 

You shouldn't have to be doing Thames waters' job for them. They are quite able to check to see if the property is in your name or not and check the electoral register again for both areas.

 

If they still refuse to assist and it is longer than 8 weeks since the complaint, you can go to the water ombudsman. Equally, if they send a final response before the 8 weeks, you can escalate and the same applies if they send a deadlock letter.

 

Frustrating I know but big companies think they are above the law and you are just a minor irritant.

 

If you need to phone them, record all the calls. Ideally deal in writing only.

 

Thanks silverfox.

 

I have all correspondence as all contact has been via email since May until present - their latest/ last reply ends with the following:

 

'In the absence of this information, we are unable to discuss this further with you. We have made our position clear and I'm unable to write to you again about this.'

 

I am taking it as a final response letter.

 

Is there any point still raising the formal complaint with Thames Water Ltd by snail mail? I've been dealing with the Senior Case Manager from the Executive office, I doubt that they'd deal with it anymore, if I do not send the other CT Bills plus bank statement payment proofs.

 

Obviously, the CT Bill that I had sent them, show members of family living at our current address. But, the 'account' is made in my name so has nothing to do with others.

 

I'll compose a response for both the ICO and Water Ombudsman, are there any other ways that I can deal with this too?

 

I just don't see what else I can do at the moment. As you say, big companies do as they please.

 

I'll give a day or two, see what other advise others may have as well.

 

Regards

 

CookieRocks

[silverfox1961]

I would have thought that too.

Now, I'm not sure how it would work. the Consumer Council for Water states that the complaint should be escalated tp the higher ups before they get involved however you have been dealing with the executive team so I would imagine that you have exhausted their complaints procedure.

 

The next step.

 

http://www.ccwater.org.uk/adviceandcomplaints/

[CookieRocks]

Hi

 

Consumer Council for Water were a complete waste of time, wasted a week and have come back and said they won't do anything and are closing my case. I don't see the point of contacting the ICO to be honest.

 

I'm doubtful they've really done anything, except read the correspondence between myself and Thames Water Ltd. They say Thames Water Ltd are adamant that their information is correct and that I have to prove yet again that I am not resident there and that I am also not the landlord there [they accuse that if I am not occupier then I must be landlord, because the Council Tax bill predates the date where they have me as living there].

 

A bit confused on my next step. I've contacted the previous Council for a letter of confirmation that I am not registered on the Electoral Roll at the previous address, hopefully they will provide it. Not sure if it'll help though.

 

Any advice on offer? Or different avenues to look down...

 

CookieRocks

[silverfox1961]

As I now see it, you have exhausted their complaints procedures and now I would be taking a two pronged attack.

 

Depending on what CCW say, you may wish to complain of their action.

 

With Thames Water this gets a bit more tricky. You are going to have to get absolute proof that you were not living there at the time then send Thames Water a Letter Before Action (LBA) demanding they remove the wrong data and pay you suitable compensation for this. You will need to include this proof. If they still won't act, the only option I can think of is court action for defamation. I suspect that once court paperwork lands on their desk, they will act a damn sight quicker than they have before.

[topcat1802]

You can prove you are not the landlord by using the Land Registry, for a fee (which you can pass on to Thames Water) you can obtain details of the current and any previous landlord of the property.

[CookieRocks]

You can prove you are not the landlord by using the Land Registry, for a fee (which you can pass on to Thames Water) you can obtain details of the current and any previous landlord of the property.

 

I did get a copy of the 'Title Register' - it doesn't give much info, except that the property is owned by a company.

 

Would purchasing 'Title Deeds' to be more informative for my situation?

 

Thanks

[CookieRocks]

As I now see it, you have exhausted their complaints procedures and now I would be taking a two pronged attack.

 

Depending on what CCW say, you may wish to complain of their action.

 

With Thames Water this gets a bit more tricky. You are going to have to get absolute proof that you were not living there at the time then send Thames Water a Letter Before Action (LBA) demanding they remove the wrong data and pay you suitable compensation for this. You will need to include this proof. If they still won't act, the only option I can think of is court action for defamation. I suspect that once court paperwork lands on their desk, they will act a damn sight quicker than they have before.

 

CCW are toothless, it was them that said to contact the council for the letter, they don't seem to want to get further involved, after all, Thames Water say they are right :-/

 

One thing I'd like to know, is the legality of Thames Water having opened a letter that had been sent there that was in my name? I always thought that that was a no no...

 

Thanks

[CookieRocks]

Hi

 

Finally Thames Water have acknowledged that I didn't occupy the property. I ended up having to find out all the Landlord details and the Letting Agents who manage the property which I gave to them. I also had a letter from the Council that confirmed at I didn't like there since 2008/ 2009.

 

Out of my irritation I went and paid to get details from the land registry and also an online company that deals with Electoral Data.

 

I refused to further 'work' for their investigation team. In the end they decided to call and talk to the Letting Agents to get the information.

 

They have told the CRA [Equifax] to close the account, which I have just checked and has been done. They've closed and moved it to the closed accounts section, can I ask them to get it totally removed? Or with it being in the closed section, it doesn't affect my credit rating and isn't detrimental to me anymore? It should never have been created, so should not be in any section of my CRA is my thought behind it.

 

Can I ask them to refund the money that I am out of pocket because of this?

I have also been refused credit during this time, they are the only 'account' that was negative...

 

As a sorry, they offer £50.

 

Is this a fair reflection of compensation for this, taking into account the false financial data created and being reported. Distress, inconvenience, trouble and upset?

 

Thanks

CookieRocks

[Ford]

how much are you out of pocket? i wld say at least that plus the 50 (or maybe more ).

well done though in the result, getting them to do what they shld've done in the first place!

[CookieRocks]

how much are you out of pocket? i wld say at least that plus the 50 (or maybe more ).

well done though in the result, getting them to do what they shld've done in the first place!

 

Cheers Ford. Took 3 months, but got there in the end.

 

I'm only out of pocket by about 15 quid, not much really, but still...

 

I don't think £50 cuts it though, taking everything into account.

[Ford]

15 + time spent + 50?

has there been any adversity re the incorrect default (you say that you have been refused credit because?), has your credit rating been reduced since their 'mistake'? if so, maybe cld try for more..?

see what the guys suggest.