Claim against utility company

[Neil.1]

Our sewage manhole overflowed on Easter Monday, so we called out a drain clearance company. The engineer told us that as our drains were shared and the properties built before 1937 then our sewage utility company was responsible under Section 24. We were unable to contact our utility company (no answer on the phone), so we told the engineer to go ahead. The final bill was several hundred pounds. We have tried to claim this back but have not received a reply to our letter. What are our chances in the small claims court? Or should we ask our neighbours for their contribution, the drain pipe was blocked across several properties?

[bwglaw]

You should consider seeking specific legal advice on the matter with a view to having a letter sent to the Utility company, if they are responsible.

When did you send your letter?

[Neil.1]

Thanks. The utility company have replied accepting the shared drain is their responsibility as the drains are identified as a minor public sewer but have refused to pay or even contribute as they were not given the chance to attend to the blockage themselves. I cannot prove I tried to telephone, and thought I was doing the right thing at the time. Would a court case hinge on the utility company being given the opportunity to attend?