Dear Watrs

Dear Watrs,

 

Thames Water caused a massive sewage leak on the communal land which is the block of flats ... The Managing Agent complained. Thames denied they had the authority to complain. Residents complained but Thames refused to share their correspondence with us citing GDPR. I complained as a Director of *** to try and claim compensation. Thames stated that I did not have any authority to deal with them. I wrote to my MP Sarah Jones enclosing the company's articles of association to show I am elected to speak on behalf of the other residents. Thames eventually admitted that I had a right to speak to them about it. Thames then argued that incident did not take place. Eventually confronted with photographic evidence Thames admitted that the sewage leak did indeed take place. Thames then said that since *** only own the communal areas they are not entitled to compensation. They argued that only owners of individual dwellings can apply for compensation. I said that could they not give compensation to the leaseholders (who are all with Thames) individually. They said no because the leaseholders own the communal land through a company. But this doesn't absolve us from having to pay to clear up their human excrement. Following this logic no communal building demised into individual flats or leaseholds can get compensation from Thames water for a sewage leak so they have no responsibility to pay for the damage they do to the grounds of any blocks of flats. On finally admitting to the Consumer Council for Water that the event did indeed take place Thames refused to pay compensation on the grounds that the damage was not extensive enough. 

However, the guaranteed compensation scheme they are supposed to comply with according to Ofwat says that if they admit there was a sewage leak they must pay compensation for it. The values concerned are itemised in this document 

https://www.ofwat.gov.uk/wp-content/uploads/2018/08/Guaranteed-Standards-Scheme-Recommended-changes-to-the-UK-Government.pdf

 Payment equal to 50% of annual sewerage
charges (Minimum payment of £75. Maximum of £500)
Note. According to this document BUSINESS customers are entitled to compensation just as much as individual residential customers and there is no minimum scale of damage required to qualify for this STATUTORY PAYMENT. All we have to prove is that the incident did occur (which Thames admit to) and then they should pay the company statutory compensation. Also the chart would seem to indicate that this compensation can be pecuniary where the company does not have an account.

I am tired of dealing with Thames. I am tired of their lies that the incident did not take place which they have now U-turned on. I am tired of their excuses that they are not responsible because the flats have individual accounts. I am quite happy for them to pay compensation either collectively to all leaseholders or to the company whose income stream they have damaged but they will do neither. Simply denying that any one person was particularly affected which is a specious argument. As I say the scale to which any individual was affected does not affect what are supposed to be our statutory rights. Ofwat's site says that if an incident took place then we are entitled to AUTOMATIC compensation. However, what we have got is a manual process of blame shifting, lies and continual attempts to avoid responsibility for the loss of their human excrement. Every conversation I have with Thames goes round and round in circles. When I attempt to close one of their objections (for instance that I do not have the authority to speak for the other leaseholders) they raise another separate objection (that the incident did not take place). When I establish the incident did take place they protest the impact was not large enough despite never having asked to see any of the bills they created. Their policy is one of continual and cynical denial of responsibility at ALL COSTS. The Consumer Council for Water have now decided to blindly agree with whatever statement Thames come out with despite verbally stating the contrary to me on the electric telephone and have suggested that I take the matter up with you - the Ombudsman beyond the Ombudsman. Well, I'm tired with Ombudsmen. If Thames won't play ball through the channels set up to avoid tedious Civil Litigation then I'm afraid I shall just have to enter into Civil Litigation against them...