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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm wondering if I have a case against Anglian Water. When

Customer Question

Hello,
I'm wondering if I have a case against Anglian Water.
When I moved in to my flat (april 2011), I didn't set up a water account - didn't know I had to, and all other utility providers contact you pretty quickly.
Anyway, they caught up with me a little over a year later, and I started paying direct debit as agreed - and this was to cover the back dating of the bill as well.
This year they have contacted me again, saying that there is so much outstanding that they will be reporting me to the credit agencies - I think that its strange that in 3 years of paying a monthly DD of £50+ that the bill hasn't been cleared, so I wrote to them for an explanation, and they got back to me saying I had gone onto a Special arrangement... which, if I agreed to it, I had no idea of agreeing to it. And had I known the amount I was due to pay, I can't imagine I wouldn't have just paid it, or opted to pay it in a couple of instalments. I certainly wouldn't have wanted it to drag on for 3 years!
Anyway, I've done a bit more investigation this morning. Firstly, into what a typical annual charge for a water bill is for a 2 person property - I'm coming up with an average of about £400 per year.
I've then looked at my account online, and the last 3 SIX MONTH periods were billed as follows:
£619 (July 2013 - Jan 2014)
£400 (Jan 2014 - Jul 2014)
July 2014 - January 2015 - THERE IS NO BILL!?!?!?!
£303 (Jan 2015 - Jul 2015)
So, from July 2013 to July 2014 I was billed over £1000!!! Vs what should be around £400, and then wasn't billed at all for the next 6 month period.
Anyway about a month has passed and I have continued to get information from AW, but it seems conflicting and therefore I don't trust it. In fact, they have updated my eBilling in the last week, and changed a bill from £560 to £330 (luckily all the records are online). In addition, it is clear that in January this year my account was over £150 in credit.
The negative reporting to the credit agency has cost me about £8000 in credit available, and therefore even when they remove the negative reporting from AW, my credit status will still be much worse than it was. Therefore I would like to seek compensation for this.
Is there any chance of a settlement, or am I barking up an unfruitful tree?
Kind regards,
Angela
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Angela my name is ***** ***** I will help you.
What loss have you suffered? Did you get rejected for any loans?
Customer: replied 1 year ago.
Hi Alex,
No, I've not applied for any loans in the last year, but 2 credit cards on which I had collectively about £8000 of available credit on have both taken away that credit line leaving me without much of a cushion for emergencies. In addition, we will want to buy a house in the next 18 -24 months and I'm sure that the effect this loss of credit has had on my credit rating will lead to rejection for loans in the future.
Thanks,
Angela
Expert:  Ash replied 1 year ago.
But at this stage there has been no loss? Have they restored your account with the credit reference agencies?
Customer: replied 1 year ago.
Correct. They have said they would. But when I checked experian on Friday there was no change.
Are you saying there is no case with no tangible loss?
Expert:  Ash replied 1 year ago.
Unless you can show you have suffered some sort of loss its going to be hard. Courts like to know and quantify a loss. For example if you have car accident and its £1000 to repair, that makes it easy.
Section 13 of the Data Protection Act states:
13 Compensation for failure to comply with certain requirements.
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
You are going to need to show you have suffered damage and then what that damage is. You said you lost £8000 cushion and it made it difficult had there been an emergency, but you didnt say there HAD actually been one.
I think you may have a claim but I dont think it would be for more than £500 or so.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks Alex, this has been helpful.
Kind regards,
Angela
Expert:  Ash replied 1 year ago.
Happy to help. Best of luck.
Alex
If this answers your question could I invite you rate my answer before you leave today.
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Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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