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utility companies; unfair consumer contracts

  • 18-01-2014 1:02am
    #1
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    I had a quick skim through the SI 27/1995 and the only obvious out for utility companies was schedule 2.e.ii


    The head of Uisce Éireann said in the Dáil or to media before or after that there would be contracts to enforce some unpalatable charging of people for water.

    ESB Networks send out a mean sounding contract to me every time I change electricity supplier

    They both seem to be take it or leave it deals. and seem to breach the SI.

    It appears I have to ( or will have to unless I can source my own water and electricity) go with these semi-state monopolies for water and power.
    Does that make them `mandatory provisions of Ireland'

    Where is the consideration to ESB Networks, If I only pay an electricity supply company?



    lastly, and straying close to the charter. my present electricity company wrote to me when I started getting gas from them too and changed the duration of my fixed term contract. They said that by paying my bill, I agreed to these new contract terms. i.e. by paying for what I'd already bought, I agreed to new terms. How could someone not "agree" without welching on their bill?


Comments

  • #2
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Bump
    Anyone care to outline what mandatory provisions of Ireland might mean?
    In plainer English


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Carawaystick wrote: »
    Bump
    Anyone care to outline what mandatory provisions of Ireland might mean?
    In plainer English

    I assume you refer to schedule 1 e (i)

    "( e ) any terms which reflect—
    (i) mandatory, statutory or regulatory provisions of Ireland, or


    The regulations do not apply to terms that are mandatory, or statutory or regulatory in Ireland. If there are certain terms of a contract that are mandated in Ireland could I guess be by case law, are statutory that is set out in legislation or a term that is regulated. It is to allow terms that are fixed by the State.


  • #4
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Statutory is from legislation, regulation is from State rules.

    Is mandatory from Common Law?

    I'm trying to think of something "mandatory" which isn't required by legislation or regulation ( in any field)

    Maybe it's stuff to do with the laws of nature? I know in my house, we obey the laws of thermodynamics*
    because we have to, not because it's a regulation or statute....






    *Matt Groening


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