(Courtesy of Colker Robert Kraujaleidys) ~ Water Ireland will send me an application form. If you do not answer they will send you bill you anyway (you will have no water allowance). The question is if they can force you into a contract. Irish Water has been given the authority to charge all domestic customers who are in receipt of public water and waste water services from 1st October 2014 (Water Services Act 2013 and the Water Services (No. 2) Act 2013). 21 (4) “Where a customer fails to pay a charge under this section, it shall be recoverable by Irish Water as a simple contract debt in any court of competent jurisdiction.” customer means, in relation to the provision of water services, the occupier of the premises in respect of which the water services are provided.” Irish Water is a private company limited by shares. I will be forced into a contract with a private company! The so-called applications are in reality an offer. If I would send the so-called application back, I would have a contract. If I dont send the form back they will charge me anyway. According to contract law a contract needs a meeting of the minds (consensus ad idem). Irish Water is a private company (although the owner is the state). If the state decides to act as a private company (which is possible) the state has to obey contract law. If the Water Services Act 2013 constructs a contract without consensus, then the Water Services Act 2013 is not constitutional. You cannot be forced (against the law itself) into any contract with any private company. No contract is valid unless both parties have mutually agreed to go into contract.The parties to a contract must have intended to create a legally binding transaction before a valid contract can exist. Irish water is a private company operating in the same capacity as any other private company, it must comply to the same rules and regulations surrounding contract law. They must get you to contract with them and thus become a customer of their service before they can bill you. The money they will demand from you isnt a straightforward tax being paid to the state, like the property tax, its a fee being paid to a private, for profit, company. This is why they constantly refer to you as a customer. This is why they can only bring you to court for breach of contract if you contract with them and later on refuse to pay. No contract is valid unless the full terms and conditions have been given to you previously. I could not find the terms and conditions in the application pack (also not on the web site). The Sale of Goods and the supply of services Act 1980. This act was established as a result of a directive from the EU at the time. Some of this act states that the contract must be for a sale. Irish Water is making the sale of water to the Irish consumer. The goods to be sold must be given a price tag or a price. Irish water has given absolutely no price or charge to their Irish Consumers so therefore their sale is illegal and no amount of so called free allowances will alter that fact. The goods sold must correspond with the description. As no description has been given, this sale or supply is illegal. Water that is contaminate with all sorts of chemical will also render it unfit to be of merchantable quality. Is the product fit for purpose to be used? If no then they can be no sale or supply for a price. Therefore a consumer has the right to repudiate this contract for the sale or supply of this company, product. The consumer protection Act 2007 which also outlines what are termed as misleading practices, aggressive practices and prohibited practices, all of which you will find this private company is engaging in. The so-called application is an offer for a contract. It is misleading.
Posted on: Thu, 18 Sep 2014 21:18:49 +0000