Water companies

growlley

I missed a payment on my payment plan - I'm not disputing I owe the money nor am I disputing that it was my fault - I simply forgot to make the payment. The schedule is every two weeks to match my ESA payment.

I received a 'red' letter reminder dated the 14th on the 16th of this month and promptly paid the outstanding balance and the payment for the 16th the letter said also fell due.

I then got a letter notifying me of legal action on the 26th dated (24th) .

Having called the company to find out what was going on , I was told by their staff some information I would like to ask is correct. I tried Googling but couldn't find anything relevant.

The company Claimed my repayment schedule was set up on the 2nd of april and notified me. I have have had no such notification, now this is untrue because the schedule was set up last September in response to my heart attack and loss of my income.

On pressing this point I was then told the schedule was then amended on the 2nd of April and the 'reminder' dated 16th of April counts as the legal notification of this as it had the 'revised' schedule on the back. It dosnt it has the same standard contact numbers etc as a normal bill.

I know they have the right to change the schedule but I allso thought I had the right to refuse the new schedule and had 28 days to do so? I simply cant meet the payment level they are demanding.

During this call I was also told that a domestic 'customer' does not have a contract with a water company ! I know that the companies are bound by legislation and the human rights acts (ie you have a right to access suitable water even if you have to pay for it ) but if I dont have a contract with them what is the nature of my relationship with them in the legal sense as opposed to cash cow?

This same person also claimed the fact their computer system states the letter has been sent is suficent when I asked for proof of postage . I allways thought
that proof of postage was the minium level accepted?

Is it also the case as I was told that it is up to me to make the payment up to to five working days early because their electronic payment systems may take that long to process the payment ( e payment point card thingy). Surely my responsibility is discharged the moment I get a receipt from the paypoint acting as their agent?

How long the system then takes to process is a business decision made by themselves . It may seem pedantic but how can they claim that as a term and condition if I dont have a contract with them and why do I have to pay them?

Thanks

GingerBob_3

I think they are right about there being no contract. I looked for terms and conditions for my supplier (Northumbria) and there aren't any. I guess since they are obliged to supply you, and they can't cut you off there is no contract as such.

Careful about the debt - espcecially if you're with Yorkshire Water. Those bounders are now reporting to the credit refererence agencies on a monthly basis, so a missed payment, or even a mistake on their part, can have devastating effects on your ability to obtain credit.

Cardew

Regarding a contract; it is not mandatory that you have to take mains water/sewerage - many properties in UK are in that situation; usually not by choice. So it is not a 'right' to have water as the OP states. The cost of getting mains water to a cottage several miles up a Scottish mountain would cost many £millions. Pipes, pumps, and electricity to run those pumps would be required.


The water companies are Regulated by Ofwat who ensure that the companies' terms and conditions are lawful.


Certainly under the provisions of the Gas and Electricity Acts it is not necessary for the companies to prove that communications were delivered; merely that they were sent. Without checking I suspect that exactly the same provision applies in the Water Act.


Apart from the huge expense of recorded delivery - often having to be delivered outside of working hours(which we would all pay for!) it is totally impractical. Tenants, absentee owners etc have often no wish to receive water bills, so would simply not sign for a letter.

growlley

None the less practical or not it is my understanding the legal standard is proof of posting, not delivery and that is what I asked for proof of postage.

I reiterate simply saying our computer says it was posted isn't proof of postage.

Though I am still confused how can they have terms and conditions with
me if I don't have a contract with them? Surely accepting terms and conditions means a contract has been agreed?

I am also aware you can not sign away a legal right however the human rights legislation merely states I have a right to access water (at a cost if necessary ) it does not say I am restricted to exercising that right with a named company even if they are the only game in town because of the way the market is rigged.

Apparently it is Mandatory because I have no say in the matter as to quote the water company you can 'request' disconnection but the decision is NOT mine to make but the environmental health departments as to if my supply can be cut off.
and as I cannot change suppliers then it appears to be a contract under duress.

I admit I dont know if contract law is a subset of civil law or a seperate branch but debt isnt a criminal offense is it? So if it is a civil matter then surely there must be a defacto in place contract for them to threaten me with the courts etc? Otherwise in all respects it appears the same as indentured servitude.

I just supply the money in this transaction. I have no choice nor even the illusion of choice ie you HAVE to have the service but you dont even get the choice of who you get it from.

I am raising the issue merely for education because whilst I could reduce the water consumption element down to zero quite easily . The sewerage element would be difficult so either way I am stuck with with paying someone to handle the sewerage.

Cardew

I will leave you to your 'barrack room lawyer' deliberations.