A Legal Mind To Advise On Dispute With Water Company.

[rebelboy]

I live in a row of 12 bungalows. A new tenant has found out that our water company has been charging us to take away foul water but the water drains into the gardens and does not go through the main sewers. He informed us all, and most have queried this with the water company, who knew about this all along but continued to charge for this service. Without quibble they have agreed to amend their bills for next year and credit us for this year. One tenant has been paying this for over 20 years and myself 5 years. They have refused to backdate the claims and say it was our responsibility to inform them that the rain/foul water was not going into the main sewers. To me, this is fraud. ie charging for a service that they wilfully knew they were not providing. How do we stand legally?

[Graham-W]

I can't help you legally but I think you'll find your "Foul" water goes to the sewers. Your "Surface" water (i.e. rain) is the water which goes to soakaways and this is what you are wrongly being billed for.

Just thought! Perhaps you mean your foul water is going to a septic tank somewhere. Then they shouldn't be charging for that either.
Have you got a septic tank?

[woofgang]

If it is just water from the gutters that you are talking about, then you are lucky to get any discount. Water companies don't have to offer it and indeed ours (Southern Water) does not unless all "run off water" from the property goes into a soakaway includng water from things like car washing.

[rebelboy]

It might be 'surface water' as opposed to foul, but doesn't differentiate on the bill. They still charge £38 per annum for the service that they don't provide. Thanks Graham_ W- No septic tank.

[themas]

There should be a regulator or Ombudsman you can complain to - look at the water company's website.

[EcclesCake]

I'm still a little confused as to what the problem is.

If you look at your water bill is the water incoming the same as the water outgoing?

Some water companies do offer a discount for those who harvest rainwater for watering the garden and flushing toilets. Is this the discount that is being offered?

[Old_Geezer]

Ok I also have no law expertise but, opinions I have aplenty.

From your posts it sounds as if you are sure the foul water is being dumped on the land somehow. I think you need to confirm this is the case first, since if sewer water or indeed anything else is taken away then the bill is legitimate.

If there really is no foul water removal by the company then as mentioned in posts above there would need to be a septic tank somewhere which you periodically have emptied.

For sure an ombudsman is a good start, but beware, I was "using" one once and discovered they don't really take your side against the powerful commercial concern. They say they are there to mediate and bring the parties together but I found nothing changed for ages, followed by a letter from him saying as he hadn't heard anything he took it all was ok and settled now !!! But it's better than nothing I suppose.

[buildersmate]

As you correctly say, this is the discount that applies if the surface water from the downpours drains into soakaways and not down the foul drain sewer. However you are completely wrong to assert it is fraud because the water companies have no way of knowing which houses drain in this manner. When the legislation was amended to enable this discount. It was promoted in literature and it appears as a note on my bill. I have claiming it for about 20 years and I can confirm that it is correct they won't retrospectively apply it. Legally you have no chance.

[rebelboy]

I was in error in describing it as foul water as opposed to surface water. My mistake there. And in reply to buildersmate, the water company has admitted to knowing that the surface water was not going into the sewers, but are claiming it is the owner/tenants responsibility to clarify/query this. To me they are culpable by charging for a service they wilfully know they are not providing.

[buildersmate]

Interesting that you say they admit knowing. I wonder if they have done that in writing. I had been told by my water company that the default position was always that the company could not know unless informed by the customer. An exception to that could be for a newly connected house into the sewage system, in which the water company are of course involved in the connection. Your claim of twenty year predates the introduction of the discount.

[Old_Geezer]

It occurs to me that if this is just for surface water I'm surprised the companies are daft enough to offer a discount anyway. Most of the cost would surely be fixed, maintaining the pipes that have to be there anyway, so whether surface water goes down them or not, I would have thought would be a fairly minor extra expense for them.

[buildersmate]

Think hey were forced to do it by the Regulator, OG. The "discount" of course does noting except put the cost up for everyone who isn't eligible, as their costs are pretty much fixed, as you say. It's about 10% of the sewage removal charge.

[rebelboy]

Received five years of revised water bills today. I have been given backdated credit for the past five years. Haven't yet seen my neighbour to see if he has received the same.

[EcclesCake]

Out of interest how much per annum?