Dwr Cymru/Welsh Water leak (not leek) problem!!!

jaycee-123

Due to a repetitive, as yet unidentified leak in the pipe running along the back gardens, Welsh Water have been trying to persuade the residents of the street where I live to install individual water supply pipes. A representative came to our home several months ago and there was talk of legal action being taken by them, and our supply eventually being cut off if we didn't either install a new pipe or pay the court fees.
A handful of the 13 homes involved have gone ahead and forked out for individual pipes. As for myself, I am a carer for a son with a learning disability and a partner with a physical disability, so we don't have a bottomless money pit to take a few hundred pounds from. So we have so far ignored Welsh Water.
Had a letter today saying we may be fined up to £1000 per home, and they will consider disconnecting the water if we don't go ahead and pay for a new pipe within 7 days.
I just wondered whether anyone has any advice, or has anyone had a similar experience.
Thanks

samsmoot

jaycee-123 wrote: »

A representative came to our home several months ago and there was talk of legal action being taken by them, and our supply eventually being cut off if we didn't either install a new pipe or pay the court fees.

What court fees do you mean?

jaycee-123 wrote: »

I am a carer for a son with a learning disability and a partner with a physical disability, so we don't have a bottomless money pit to take a few hundred pounds from.

I would advise that you write to them explaining this in more detail.

jaycee-123 wrote: »

Had a letter today saying we may be fined up to £1000 per home, and they will consider disconnecting the water if we don't go ahead and pay for a new pipe within 7 days.

What legislation are they quoting?


I'm pretty sure they won't cut you off, as they aren't generally allowed to, and any 'fine' would be via a civil process and would be able to be challenged.


If you send them a nice letter stating you simply don't have the cash, and cannot find it, you can them ask for their suggestions as to what they expect you to do. You could ask if their Trust Fund may be able to help, or if there is other charitable assistance available. Once they know your financial position they may be amenable to making a sensible arrangement.


I really wouldn't know where to start looking for the actual law on this but that's what needs to be known - on what legal basis do they believe they are entitled to recover a grand from you?


Start some communication and get some more info in the meantime. I'll add more if I find it.

phsci

Jaycee/Samsmoot, my guess is that DCWW propose to use section 75 of the Water Industry Act 1991 as amended (by the Water Act 2003). This section allows water utilities to take action where water is either being wasted or is at risk of contamination. My understanding is that the utility can disconnect a domestic property only if there is an emergency (e.g. risk of contamination which might affect several properties) or if the property appears to be unoccupied (sub-section 7).

In any other case, they still have the power to serve a notice requiring the consumer to carry out such steps as may be specified in the notice to secure that the damage, contamination, waste, misuse, or undue consumption ceases or, as the case may be, does not occur (sub-section 2b).

The £1,000 would not be a fine, but cost recovery for carrying the work out in default (if the recipients of the notice don’t comply within the time period specified).

My own local water supplier, United Utilities, has a scheme for the free replacement of Common Supply Pipes (though you might need to pay for a small amount of internal plumbing work to meet the new connection). How about asking DCWW if they have something similar (and if not, why not)?
http://www.unitedutilities.com/documents/Replacing_lead_and_common_supply_pipes.pdf

See especially page 3.

samsmoot

Thanks for that, I'll have a look at section 75 when I get a chance, and have got up UU's website to check out in a bit and will also check out the Welsh one's.

samsmoot

phsci wrote: »

Jaycee/Samsmoot, my guess is that DCWW propose to use section 75 of the Water Industry Act 1991 as amended (by the Water Act 2003). This section allows water utilities to take action where water is either being wasted or is at risk of contamination. My understanding is that the utility can disconnect a domestic property only if there is an emergency (e.g. risk of contamination which might affect several properties) or if the property appears to be unoccupied (sub-section 7).

In any other case, they still have the power to serve a notice requiring the consumer to carry out such steps as may be specified in the notice to secure that the damage, contamination, waste, misuse, or undue consumption ceases or, as the case may be, does not occur (sub-section 2b).

The £1,000 would not be a fine, but cost recovery for carrying the work out in default (if the recipients of the notice don’t comply within the time period specified).

That's how it looks to me. No fine - just expenses, it says, and must be an emergency. I would tend to look for faults in their process, such as threatening a fine (if they did do that) or saying it was an emergency (if it actually wasn't one). As a rep called 'several months ago' it doesn't sound like it was.


OFWAT's debt guidelines say "...they should be applied to all indebted household...customers". So if DCWW end up doing the work, and say you owe them money, the guidelines should apply. I would tackle this by disputing it in any way possible whilst anticipating that at the very worst a suitable payment arrangement may need to be agreed.


http://www.ofwat.gov.uk/consumerissues/problemspayingbill/gud_pro_custdebt20070327.pdf