This is just for the record.
It demonstrates that Scottish Water Business Stream appear to leave their debt collectors in ignorance of the facts. It further demonstrates that certain [in fact most] debt collectors do NOT validate that a debt is due before wasting their time, that of the person or organisation being pursued, and finally of the courts.
Reference should be made to the Sheriff Principal Mhairi M Stephen QC's Note No 9 in the Chataroo case which reads "As a preface to his submissions the Dean of Faculty pointed out that this was but one of a not insignificant number of debt recovery cases raised by the pursuers in this court."
Scottish Water Business Steam LOST.
Email to Brodies Debt Collectors dated 22 January 2018 at 13:29
For the personal attention of xxxx xxxx
It has recently come to our attention that you may be acting in a manner which might be deemed by some as not being "Honest, Open, and Accountable".
In order to verify this possibly erroneous statement, we would ask you to consider answering the following question, which originates from a law abiding citizen of Scotland who would pay all the legitimate and valid demands for payment.
Please provide, from Scottish Water, or other source [the 2005 Act, or other legislation, or valid Legal Opinion - with name of Counsel, or report of a court case [thus NOT from the SPSO]], the reason, valid in law, and thus supportable in the Sheriff's court, that Premises which have neither a direct connection to a Scottish Water water pipe, nor a direct connection to a Scottish Water Sewer whether it be Foul, Storm, or Combined should be treated as an Eligible Premises.
There are three possible response scenarios:
- No response within seven days,
- A response providing the information requested,
- A response which does not answer the request.
As your name was given on the offending emails, we would ask that you reply directly to me.
Email from Brodies Debt Collectors dated 22 January 2018 at 13:37
Thanks for your email.
Can you provide the reference number your email below relates to ?
As usual, SWBS [or their agent] want to know who to bully. Whistleblowers do NOT have to provide such information.
Email to Brodies Debt Collectors dated 22 January 2018 at 14:44
I refer to your email received earlier today. In that you requested:
Can you provide the reference number your email below relates to?
We are conducting generic research into the problem of bullying of small business's by Scottish Water, its subsidiaries, and debt collection agencies all of whom are failing, like yourselves, to verify that a debt is actually due.
Please note, that as whistleblowers, we are unable to provide you with any identifying information.
The fault appears to lie with the Revenue Protection Department of Scottish water who are erroneously classifying premises as "Eligible" under Section 27 of the 2005 Act.
It also appears that there are directions which, in the view of many knowledgeable people, are somewhat questionable regarding eligibility. This matter has been examined more closely in various white papers which have been published on the following web site:
http://unaccountablescotland.org.uk/ - see the Water Charges section.
This research is on going, and we have now reached the stage where specific relevant individuals are being identified. These email conversations are reported verbatim via the paper entitled "Water Charges - Unaccountable Behaviour".
Please note that the damage that Scottish Water are causing to one of Scotland's largest employment sectors is considerable and has come to the notice of the Scottish Parliament. The following paper refers:
I look forward to receiving your informed response.
Email from Brodies Debt Collectors dated 22 January 2018 at 15:07
Thanks for your email.
I have escalated this matter as per your email below.
One of my colleagues shall be in contact with you in due course.
Ouch - responsibility for replying is not in my pay grade ! [English Language - wrong use of "shall" - ought to be "will" or even "might"]
This is the email chain: some words have been changed to hide personal identities. The originals are held in PDF format for Audit purposes.