Surface Water rebate with Thames Water - back claiming, is it possible?

sterl1ng

By chance I was reading on this website that you can look to see whether enttiled to a surface water rebate with your local water supply. I've never come across this before so by chance I went onto the Thames Water site and looked on the site which had a surface water rebate application form. Filling in the details I sent off. I've been in my rented place for just over 10yrs (surface water charges were introduced in 2000) and want to try get rebate for the other years I've been there but Thames Water said they cannot do and have specified details on back of bill but is there anyway to put a case forward to Ofwat as really its not very clear. Looking at the back of bill its mostly info on direct debit/emergency tel and I can say its not obvious the surface water bit. I suppose in a way its like a terms and condition thing but really its not something i've ever come across. The surface water charge is only £23 annually so no biggy but after 10yrs can add up.

Do I have any case at all or lost cause you think?

Cardew

Surface water charges were introduced 22 years ago in April 1990. The year 2000 date is when ofwat got involved with the charge.

Many people have tried to get a rebate backdated(and failed) and this stance is supported by Ofwat

The reasoning is that the water companies are allowed by ofwat to raise £xxx million in charges each year - and make £yymillion profit. If they gave rebates to customers back as far as 1990 the many £millions that it would cost would have to be raised by a considerable extra charge for current customers. It is not considered fair that a new customer of the water company would be effectively paying for a refund that could be paid for a period before they were born.

In any case, it is the customer's fault for not claiming relief from the charge - it is in the small print that comes with the bill; which none of us read!

Ofwat have 'softened' the wording on their website recently, but it still essentially supports the water companies.

http://www.ofwat.gov.uk/consumerissues/surfacewaterdrainage/prs_web_swdrebates

<H2>Why can't the surface water drainage rebate be backdated?

Historically, companies have been entitled to raise full sewerage charges where customers' properties have a connection (for any purpose) to the public sewer. (There is a case law in support of this position see Yorkshire Water Services Ltd v Hall [1994]).


Using our powers to approve companies' charging schemes which came into effect from April 2000, we have required companies to:

• identify to us their overall surface water drainage costs
• offer rebates to customers who can show that their premises are not connected to the public sewer for this service

But it is not possible for a company to be aware of the privately owned surface water drainage arrangements of all the individual properties in its area.
There will be occasions when a company did know, or might reasonably be expected to have known, that a property or properties were not connected to its sewerage system for surface water drainage. Under such circumstances we would expect the company to apply a rebate with effect from the date that it knew it was not providing the service.
If you believe that your water company should have been aware that your property was not connected for surface water drainage, and you are unable to resolve this matter with your company, you may wish to contact the Consumer Council for Water.

</H2>

sterl1ng

Thanks for this. Well I suppose on the positive side I'm saving £23 a year now, better than nothing so I should quit whining.

Neil49

I live in the Severn Trent area and their website advises that if they did not collect your surface water then your sewerage charge should reduce by about 36%.

Earlier this year I had a letter from them saying that they have been advised by a resident of the estate I live on (which is about 5 years old) that the surface water of the entire estate drains directly into the River Severn (which is close by). I don't know how he knew that, (unless he was a builder here) but we all got refunds for the entire period we have been here.

My refund was for over £300 so it's well worth investigating.

Gothicfairy

Neil49 wrote: »

I live in the Severn Trent area and their website advises that if they did not collect your surface water then your sewerage charge should reduce by about 36%.

Earlier this year I had a letter from them saying that they have been advised by a resident of the estate I live on (which is about 5 years old) that the surface water of the entire estate drains directly into the River Severn (which is close by). I don't know how he knew that, (unless he was a builder here) but we all got refunds for the entire period we have been here.

My refund was for over £300 so it's well worth investigating.

Yours is a slightly different case as a new build it should have a soakaway and as such charges should never have been applied. It is different with older properties that might or might not have one.
Your neighbour probably noticed it on his bill and knew it shouldn't be there as a new build estate

Cardew

Neil49 wrote: »

I live in the Severn Trent area and their website advises that if they did not collect your surface water then your sewerage charge should reduce by about 36%.

Earlier this year I had a letter from them saying that they have been advised by a resident of the estate I live on (which is about 5 years old) that the surface water of the entire estate drains directly into the River Severn (which is close by). I don't know how he knew that, (unless he was a builder here) but we all got refunds for the entire period we have been here.

My refund was for over £300 so it's well worth investigating.

As stated above the ofwat position has softened. This was from their website a couple of years ago:

Why can't the surface water drainage rebate be backdated?

There is no legal obligation for companies to backdate any rebate of charges beyond the current charging year. In fact the Water Industry Act of does not prevent companies from charging for surface water drainage even where customers do not receive the service. Nevertheless, following a requirement from Ofwat, all companies have provided rebates for non-connection since April 2001.

We think it’s right that companies should not pay rebates retrospectively past the current charging year. Surface water drainage costs have historically been shared between all customers. As a result of offering the rebate to those not connected, other customers must pay slightly higher charges to recover the total costs of surface water.

If rebates were applied retrospectively therefore, this would mean corresponding retrospective increases in charges to connected customers, who had previously paid too little for the surface water drainage service. This would be neither practicable nor desirable. Companies must ensure that this information is included in the billing literature sent with the customer’s bill.

This from the consumer Council for Water.

Why can't the Surface Water Drainage rebate be backdated?

Charges Scheme approval

The law requires sewerage companies to offer rebates for surface water drainage where customers' properties do not drain to the public sewer.
There is no legal obligation for companies to backdate any rebate of charges beyond the current charging year. The Water Industry Act of 1991 (and case law establishes) does not prevent companies from charging for surface water drainage even where the service is not received.

This change is designed not to affect a company's finances. For every customer who does not pay the charge all others have to pay slightly more. If the rebate were backdated then there would need to be a corresponding backdated increase in other bills. The administration of such a system would be complex and expensive and so not in customers' interests.

Good luck with your £300+ rebate, but it means(as explained by ofwat above) that all ST's customers are paying now for charges that should have been billed for each of the past 5 years. Some of these people might have only just become ST customers.

If there are thousands of people in your position then the charges could be huge.

Did they trace people from your estate who moved say last year? or did they give the same £300 rebate to someone who moved in last year?

A can of worms opened?

The problem is that it doesn't worry the Water companies who pays.