Originally posted this in Home and Garden and Law section has been suggested as a better place.
Six years ago I sold my house to my daughter and her partner and moved from Milton Keynes to Kent. My daughter transferred all the utilities to her and then she and her partner sold the house and mover out in March 2007. The water company is Anglian Water and when she moved out there was a dispute about the final meeting reading which took about a month to resolve. Yesterday I received a letter at my current Kent address from a debt collection agency for an unpaid water bill for �250.00 for Anglian Water. On checking with AW they claim the bill is for March 2007 onwards, well after I left and after my daughter left. AW cannot explain why the bill is in my name as they would have obviously recorded my daughter as a subsequent customer. They claim they cannot access records that far back and I now have to prove that I moved out in 2003. I assume they will then chase my daughter to prove she moved out before this bill was incurred. I asked why after six years this is the first time I have been chased and AW claim that they have discovered a number of debts that have not been chased. My main concern is that at some point from March 2007 AW have been writing to my former address and the occupant has obviously had access to those letters which had my name and the AW account details, I am not claiming there is an issue with identity theft here but it seems irresponsible of AW to say the least. AW said I needed to contact, by telephone, the debt collection company and explain which, given the attitude of these companies, I have refused to do. AW claim the debt company will have got my current address from a search with my current water/utilities provider. Is this information not protected in some way? I now have to provide a utility bill/bank statement from 2003 showing my change of address - I don't keep them that far back and it seems I am being put to a lot of
the water company will have out-sourced this debt to a debt collection agency - meaning they now have very limited authority over how the debt is collected (the agency will get the money and then pay a proportion of this to the original company).
This means you will have to deal with the debt collection company, if you are unwilling to phone them simply write a letter stating the date you moved out - you never know this might be enough - these agencies are often just trying their luck and contacting anyone they can get in touch with that might in some way be connected to a debt.
I too am having trouble with a Water Company. I've had leters from three different firms of debt collectors chasing payment of an amount but the bills I have from Southern Water show I am in credit owing to "estimated" bills having been sent in the past.
I no longer reply to the letters and hope they WILL take me to court - I think it is the only way this issue is going to be resolved. Luckily I can prove that I don't owe the money - if you are int he same position I suggest you take the same stance.
Thanks for the help. I have sent evidence that I was at a new address in late 2003 and that is all I am prepared to do.
As a matter of interest where does it say that you must keep six years of bank statements by law? I can find recommendations to keep them six years but a statement that there is no legal requirrments to keep them.
hi alan30 ...I suggested that you should re-post in this section and I agree with what what has been said by IggyB, Skyline D and Vivkins3.
You are not under any legal obligation to keep bank Statements for six years but courts of law often only deal with cases within a six year period and such evidence is often very useful to prove a case.
I'm not a Solicitor ,so take my views with caution.
Personally I would take a simmilar stance to Vivkins3.....Ron
Taxes Management Act 1970 requires all taxpayers who are involved in a trade or business to retain financial records for six years.
I actually thought it required all taxpayers full stop to do so but on checking it only requires taxpayers under PAYE to retain financial records for two-ish years. Records for each tax year must be retained until the the second 31st January after it ends. So records between 6th April 2008 and 5th April 2009 must be retained until 31st January 2011. Not as long as I thought so apologies for that.
So it depends how you earn your income obviously. If you are self employed you DO need to retain records for 6 years but if employed only then two and a bit years appears to be the case.