Verbal threats-cutting off a service?

eamon11

hello everyone,



I bought a house and the sale was finalized August 2010. The house needed work however so I was there on an off alone working at it for A few months. I finally moved in with my family in March 2011.
2 days ago 2 men appeared at my house demanding money. They were quite aggressive. The told me they were from the group water scheme and arrears were owed. I said sorry but I just moved here. They asked me who the previous owner was. The question struck me as odd, as if they were from the group water scheme they should have known exactly who the previous was. They would have given them receipts bill, receipts etc !! I said I didn’t know, which I didn’t. They didn’t believe me an said straight away they would cut off my water !! I stalled them, explained that when u buy a house u go through an auctioneer and a solicitor and I had no interest who the previous owner was. All I know is it was a couple. Anyway if they didn’t know any neighbour could have told them. Actually the house had been vacant for 4 years. I asking what was the meaning of all this but they just ran off saying they were going to cut off my water.
I have rarely met such arrogant and rude people. Who in the hell do these people think the are. There was never a shred of any kind of paperwork sent to me in the year I have owned it. The 2 men offered me neither their names nor identification. Nor did they have any paperwork at all.
I went down to the local garda to report them but as usual it was unmanned.
I though during the night I heard something and in the morning in the letterbox, lo and behold, there was a bill for 1400 euro.
I talked with a few neighbours who all hated these men .Apparently these charges were for an “upgrade” which was a hugh concrete tank built for water. They said the same thing, that without warning they do what they want to upgrade or maintain the local system and the first the people know about it is when they appear looking for money! Some locals were paying a little a week, some more. A pregnant lady had them calling round very demanding at 10 pm one night. A lot had paid over 1000 euro 2 years previously when it was first asked of them. I didn’t even own the house at the time. There were some older people who did have their water cut off, and had to haul from rivers and boil it!
I cannot believe it. Where do I stand?
There is another twist. In February of this year as I was still working on the house, many trucks came one day with a precast hugh tank and erected it within 2 weeks. In the field Right behind my house. From every back window its all I can see!! And now they want me to pay for it too! It has seriously devalued the house.
I know nothing about group water schemes or how they work but this cannot be normal?

Thanks a lot



Eamon

234

Look at it this way.

Is your water being supplied by this group?
If yes, then you will either have to pay them for it or source your own water with a well.
However, the debt of the previous owners is not your debt. When you moved in did you contact them to have an account opened in your name? Until there is some contact between you and them then you are not entitled to a service and they are only entitled to an unjust enrichment claim for the service provided but not paid for.
Speak to the solicitor you used when buying the house. They should be able to deal with this for you.

eamon11

thanks 234 for the reply,

I have never owned a house before an Call me naive but I never knew we were on a group scheme. I thought the water was provided by Galway County Council.
please explain "unjust enrichment claim for the service provided but not paid for."

234

Just get in contact with you solicitor. It's probably not anything to worry about. Unjust enrichment arises where there is an enrichment of the defendant,a corresponding deprivation of the plaintiff, an element of 'injustice' and the absence of any defences.
Get your solicitor to contact the service provider and have this sorted out as soon as possible. It might just be as simple as showing that your are not an account holder with them and they can disconnect the property ans pursue the pervious owners for the debt. If you want your supply to continue then you will have to enter into a contact with them.
The key thing is contact, whether through your solicitor or personal.

eamon11

thanks 234,


I will. Legally, can any service provider cut off a service without warning? ie written warning?

MagicSean

eamon11 wrote: »

thanks 234,


I will. Legally, can any service provider cut off a service without warning? ie written warning?

If you have no agreement with them then they have no obligation to you.

Mike 1972

eamon11 wrote: »

In February of this year as I was still working on the house, many trucks came one day with a precast hugh tank and erected it within 2 weeks. In the field Right behind my house. From every back window its all I can see!! And now they want me to pay for it too! It has seriously devalued the house.

Check with your local authority and see if they have planning permission.

234

It's like any utility. If you have no contract for the supply of gas, electricity, water, etc. then you have no right to it. It can be cut off without reprecussion. Unless there is a statutory or contractual obligation then a service provider is not going to give something out for free. That's why you should contact them as soon as possible. From their point of view it would be better for them to cut their losses if it looks like you are not going to sign up to their service. However, if they see that you are in contact, explaining your situation then they would be much less likely to cut you off when it looks like you will be coming to some kind of an agreement with them.

Mike 1972

It always amuses/alarms me the way people in Ireland enter in to six figure contracts for the sale or purchace of properties without some basic questions being answered regarding the arrangments for (or any difficulties relating to) the supply of basic utilities/services (electricity/water/telecoms/broaband/TV/Gas/Water) or extra charges (ground rents/managment company fees/etc). There doesnt seem to be any onus on soliciters or agents to find out and pass on such information. And on the all too rare occasions when a buyer thinks to ask they are met with a shrug/"ah sureen itll be grand"/downright lies.

eamon11

hi,

jus checked with solicitor. He checked with vendor sol before and has written confirmation that where I live is NOT a group water scheme!!
Lies. That was monday morning and strangly he has been very quiet since!

234

Great news. It might be preduent to check the provider of all you other utilities and the name on each account.

jblack

eamon11 wrote: »

hi,

jus checked with solicitor. He checked with vendor sol before and has written confirmation that where I live is NOT a group water scheme!!
Lies. That was monday morning and strangly he has been very quiet since!

It's probably tempting at this point to tell them to f$$k off but if they call again simply say something politely like: all correspondence with regards to this property are referred through my solicitor, would you like the contact details?

Kosseegan

eamon11 wrote: »

hi,

jus checked with solicitor. He checked with vendor sol before and has written confirmation that where I live is NOT a group water scheme!!
Lies. That was monday morning and strangely he has been very quiet since!

Who is telling lies. Your solicitor, the solicitor for the vendor or the individuals claiming payment? Who has been strangely quiet?

BrianD

eamon11 wrote: »

hi,

jus checked with solicitor. He checked with vendor sol before and has written confirmation that where I live is NOT a group water scheme!!
Lies. That was monday morning and strangly he has been very quiet since!

At the same time have you been able to establish where your water supply comes from? Important as there's water charges coming down the line.