Based on the initial information you have provided, we will undertake a Preliminary Investigation (at our own expense) to assess:
This process normally takes 2-3 working days and, if we think we are able to help you, we will then report back with our preliminary findings and recommendations.
Assuming our Preliminary Investigation concludes that you may indeed have grounds for a claim, you will usually have two options as to how to proceed:
For claims which are likely to be higher value, we strongly recommend that you engage us to make the claim on your behalf. This is a quick simple process whereby you electronically sign the engagement document we send you, then we can go about our work.
The reasons we recommend this is that water companies know they have been overcharging in this way and have often set up complex processes which deter and frustrate customers who are seeking recompense.
If you attempt to make a claim yourself as an individual customer, the water company will typically ask you to provide evidence in the form of diagrams, pictures, Title Deed information, planning documents and/or other information. Then, having considered what you have put forward, even if they agree that you should not pay for surface water drainage, they will generally offer just one year's rebate and the removal of the charge moving forward.
Arguing for more than this on your own can be a difficult and time-consuming process and you may even be required to arrange for a specialist surveyor (at your expense) to produce a report in support of your claim. Even if you do persevere, the very most they are ever likely to offer would be a 6 year rebate.
In contrast, as experienced experts in this very specialised field, we have developed our approach over time and are well-versed in dealing with even the least co-operative of water companies in order to achieve the best and most timely outcomes on behalf our customers - well in excess of the “6 year” limit behind which the water companies usually hide.
We charge a fully inclusive fee of just 25% of the final payout, which is fully-inclusive of VAT, the work involved in administration, evidence gathering, claim processing, legal advice. So, should your final payout (including legal interest if applicable) be agreed & settled at £1400, you would receive £1050 (i.e. £1400 less our fees of £350). Don’t forget that your future bills will also be reduced as part of the settlement that we secure, so you will quickly enjoy sufficient discount to cover the cost of our fees.
Alternatively, in the event that your claim is likely to be lower value (due to the fact that you have lived at the property for 5 years or less and/or if the water company is question was overcharging a relatively low amount), we may recommend that you pursue the matter yourself. However, if you prefer, we can still go ahead and take a lower value claim forward on your behalf, but we would need to agree a different fee arrangement based on the specifics of your claim.
Once you have engaged us to take the claim forward on your behalf, we will advise on the information & evidence that we will need to produce between us, based on our knowledge and experience of the water company against which the claim will be made.
We'll gather the evidence we need from various sources (e.g. Land Registry, Local Authority planning records, the developer that built the property...) and we may also need your help in providing information and/or photographs of the drains around your home.
Following the Discovery phase, once we have secured the key information, we will approach the water company in question on your behalf to present the claim, supported by the evidence we have gathered.
Whilst each water company follows a slightly different process, they often require a period of 1-2 weeks to consider the claim.
In the first instance, we generally expect them to come back to either (a) offer a minimal rebate or (b) to dispute the claim and/or request more information.
In the rather unlikely event that the water company agrees to payout on the full claim at the first pass, we go straight to Settlement - but in the vast majority of cases, we would expect to enter a period of negotiation once we have received their initial response.
In broad terms, the higher the value of the claim, the more time and effort they are likely to put into defending their position and trying to reduce the settlement figure.
Rest assured, we will always press for the full amount, plus interest where possible, so this phase of the process can take several weeks as your claim is escalated to higher levels of authority.
Once we have put forward your claim and completed the Negotiation phase, we will reach the point at which the water company responds in one of three ways:
Where they agree to pay the full amount claimed, arrangements can then swiftly be made to accept payment.
Where they have offered a reduced amount, or have completely refuted the claim, we will discuss this with you and advise on next steps, which would likely be to move on to Arbitration or Legal Action in order to secure the full amount claimed.
In the event that the water company still refuses to offer a satisfactory settlement despite the evidence we have put forward, we would advise on the best course of action, which would likely involve independent arbitration or, ultimately, taking legal action.
Whilst we expect to achieve a satisfactory outcome without reaching this "last resort", it is worth stressing that you would not be liable for any costs should arbitration or legal action become necessary.
Surface Water Claims
c/o Litigation Management
10 Bloomsbury Way
London WC1A 2SL
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