“I have yet to receive either a response or a phone call from Ms. Roberts, or from anyone else in public utilities dept.”.

.
Mr. Neff,

I am contacting you again to ask for your assistance in resolving this issue with my utility services. After Ms. Roberts offered to “discuss the legal aspects” of this matter, I responded to her and reached out several times….in addition to providing her with the federal statute as well as the information provided to me from the bankruptcy court. I have yet to receive either a response or a phone call from her, or from anyone else in the public utilities department.

We are now well into the third day of this issue not being resolved, despite my attempts at communicating with whomever is responsible for handling this matter. I have to say….it’s more than a little disheartening. I have been a resident of Port Orange for over 20 years, and I’ve never witnessed such poor customer service and miscommunication surrounding what should be a rather simple issue. I do not know what the hold up is, or why no one has felt it necessary to respond to my numerous requests for information. If this were just a simple billing question or dispute, I would have no problem with extending my patience in order to allow for proper review by your department. However, my utility services are still disconnected at my home….in violation of a federal statute which protects me and essentially prevents that from happening under the law. As such, I believe that three days is more than enough to expect this matter to be handled. I am a single mother with two children who will be returning home from their father’s house in a few days, and they simply cannot come home to a house with no water.

Again, I am respectfully requesting that my water services be restored immediately, in accordance with the previously referenced provisions of section 366 of the Bankruptcy Code. If your department still has research and review to complete, that is fine….I’m more than happy to cooperate and provide whatever info they need. However, the City of Port Orange continues to be in violation of federal law each day that passes without restoration of my service. Therefore, I will expect the services to be reconnected by the end of the business day today. If my services are not immediately restored, I will understand that to mean that the City is refusing service to me and will have no choice but to seek an immediate injunction through the federal court, along with whatever other sanctions and relief the court deems proper.

I look forward to your confirmation of the restoration of my services.

Thank you,
Patti Bowes



 

Begin forwarded message:

From: PattiJBowes <pattijbowes@gmail.com> Date: September 3, 2015 at 9:59:06 AM EDT
To: “mroberts@port-orange.org” <mroberts@port-orange.org>, “rwilson@port-orange.org” <rwilson@port-orange.org>, “aneff@port-orange.org” <aneff@port-orange.org>
Subject: Fwd: Urgent Matter – Water Services

Ms. Roberts,

I have not yet heard from you, or anyone else in the utilities/customer service department regarding this matter….and continue to be without water services at my residence. I would appreciate the courtesy of a prompt response/update as to the resolution of this issue.

Thank you,
Patti Bowes



 

Begin forwarded message:

From: Patti Bowes <pattijbowes@gmail.com> Date: September 2, 2015 at 5:47:49 PM EDT
To: “Roberts, Margaret” <mroberts@port-orange.org>
Cc: “Wilson, Rick” <rwilson@port-orange.org>, “LaLancette, Kristin” <klalancette@port-orange.org>
Subject: Re: Urgent Matter – Water Services

Ms. Roberts,

For your reference, a copy of the Federal Statute is attached….

Patti Bowes



 

On Wed, Sep 2, 2015 at 5:43 PM, Patti Bowes <pattijbowes@gmail.com> wrote:
Ms. Roberts,

As I am not represented by counsel, you may contact me directly to discuss this matter. I can be reached at 386-405-9561.

To your statement, I was advised by the bankruptcy court that, pursuant to the statute under the Bankruptcy Code (11 USC section 366(b)), a utility may only alter, refuse or disconnect service if adequate assurance is not received within 20 days of the petition date. It does not matter whether it is a current account, or a request for new service. In addition, part of the issue of why my account was terminated to begin with was the continued stay violations on my prior account that resulted in my being billed for pre-petition debt. I’d be happy to forward you all of thee communications between myself and Tracey Riehm regarding that matter as well.

I look forward to hearing from you.

Thank you,
Patti Bowes



 

On Wed, Sep 2, 2015 at 5:36 PM, Roberts, Margaret <mroberts@port-orange.org> wrote:
It is my understanding that the request is for utility service on a new account. A previous account for Ms. Bowes was closed and service was discontinued on August 4, 2015 prior to filing bankruptcy on August 31, 2015. The account service is being requested today (post-bankruptcy) and requires a deposit. A person in bankruptcy is required to make payment for new account charges incurred after filing bankruptcy. It appears that the twenty day requirement does not apply in this case, however, I am willing to discuss the legal aspects with Ms. Bowes attorney. The twenty day requirement applies to charges incurred on an active utility account for services rendered prior to filing bankruptcy. The city is not requesting payment on any charges incurred prior to filing bankruptcy.

Margaret T. Roberts, City Attorney

City of Port Orange

1000 City Center Circle

Port Orange, Florida 32129

Phone 386 506-5525

Fax 386 506-5530

mroberts@port-orange.org

www.port-orange.org



 

From: Patti Bowes [mailto:pattijbowes@gmail.com]
Sent: Wednesday, September 02, 2015 5:21 PM
To: Wilson, Rick
Cc: LaLancette, Kristin; Roberts, Margaret
Subject: Re: Urgent Matter – Water Services

Mr. Wilson,

I’m curious as to how you have determined I no longer have an account with the City of Port Orange? This information was just found on the customer service website. It states that the account was terminated for non-payment. Pursuant to the referenced provisions of the bankruptcy code in the letter I sent, a utility company may not refuse services for non payment of pre-petition debt. Additionally, the bankruptcy code dictates that a utility company may only refuse or alter service if a deposit or other adequate assurance of payment is not received within 20 days after the filing of the petition….which would be 9/20.

Please advise….

Thank you,

Patti Bowes



 

On Wed, Sep 2, 2015 at 5:06 PM, Wilson, Rick <rwilson@port-orange.org> wrote:

Ms. Bowes you no longer have an account with City of Port Orange. We are going to need a copy of your current lease and a new deposit of $255.

Thank You

Rick Wilson

Assistant Public Utilities Director

 



 

From: Patti Bowes [mailto:pattijbowes@gmail.com]
Sent: Wednesday, September 02, 2015 3:54 PM
To: Wilson, Rick
Subject: Urgent Matter – Water Services

Mr. Wilson,

Please see the attached letter that was sent to the City of Port Orange Public Utlities – Customer Service Department, as well as the attached Notice of Commencement of Case from the US BK Court.

I have been unsuccessful in resolving this matter, and am asking for your assistance in instructing the customer service department as to the proper procedure for bankruptcy cases in order to ensure that they are complying with the law regarding my account.

Please let me know if there is anything you need from me to get this resolved immediately.

Thank you,

Patti Borden-Bowes


Scroll Window  2 Pages [google-drive-embed url=”https://drive.google.com/file/d/0Bznby4cJhHWTdGxNZlhma2RsUzg/preview?usp=drivesdk” title=”11 USC 366 .pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” width=”100%” height=”900″ style=”embed”]

 

 

7 Opinions on ““I have yet to receive either a response or a phone call from Ms. Roberts, or from anyone else in public utilities dept.”.

  1. Ok I am not sure but it seems like the statute she posted is not in her favor. I am no lawyer but I hope the city does exactly what the law says. If she is trying to keep the water on to run up a huge bill she is not going to pay then shame on her!

  2. it seems like she wants to get water for free to me, I think she got her answer but wants to play the system. I might be wrong, but I hope anyone who sides with her would pony up the money and pay her bills for her and not burden the tax payers. If I am wrong I am so sorry. I saw the city attorneys response and I think that she is just upset she can not screw the city out of free water.

    • Hi Mr. tired

      whether or not your opinion of what she wants is valid you are missing the point — she still has a right to receive a timely answer from someone in the city administration

    • You are completely correct!! I know her and her antics. Check her out on yahoo and clerk.org and Volusia County Department of Corrections and see for yourself. She files bankruptcy to stop eviction proceedings and inundates the courts by filing Motions because she’s extremely intelligent. It’s a shame she doesn’t put her intelligence to good use.

  3. On Sep 3, 2015, at 6:50 PM,
    Mayor and City Councilmembers,
    I have further responded to Ms. Bowes this afternoon regarding her request for utility service. She is entitled to obtain service and will have the 20 days to provide the deposit. She has been advised to contact Customer Service to complete the of opening the account and to obtain utility service.

    Margaret T. Roberts, City Attorney
    City of Port Orange
    1000 City Center Circle
    Port Orange, Florida 32129
    Phone 386 506-5525
    Fax 386 506-5530
    mroberts@port-orange.org
    http://www.port-orange.org

    • So does this mean that they have to turn on the water and HOPE she puts up a deposit or does she have to put up the deposit first?

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