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Yorkshire water appear to assume they have a right to advance charge for service and then pursue you for these with threat of court action and the use of CRA’s
I opted out of any contract with them as this behaviour impacts so many and have put them to strict prove of legal right to charge. I made payments monthly for service provided. So much should when moving house they actually issued a refund.
it didn’t however stop them putting a late payment on my credit report - breach of GDPR referred to ICO.
They replied to my complaint citing they have the right to
The relationship between us and our customers in respect of the provision
of
water and sewerage services is governed by statute rather than a contract.
This means whilst there is no legal contract signed between us, we are
entitled
under the Water Industry Act (WIA) 1991 to bill you.
Section 142(1) of the WIA confirms that we, as a relevant undertaker, shall
have the power to fix, demand and recover charges for any services provided
in
the course of carrying out our functions. The WIA also gives us the power
to
fix our charges each year under a charges scheme. The charges scheme
provides
full details of how water services charges are made and states that they
are
payable in advance. You can have a look at our 2020/21 Charges Scheme by
clicking on this link:
https://www.yorkshirewater.com/media..._2020-2021.pdfThe Water Services Act does permit you to fix charges and you have the right to implement a charge scheme under the service provided. This is no different from gas or electricity suppliers. I find no information I. The WIA to state this is approved for services not provide or to be provided.
This is the same as any business planning for the year ahead.
The acts also permit you to demand or request payment for services provided. How have you provided the service and how can you confirm you will be providing this to the customer for the year ahead?
The key wording here is provided. You are advance charging and not yet provided the service. Therefore the WIA required you to have provided the service.
The consumer is protected via consumer legislation and GDPR. Plus the Water service act as you are interpreting provided when the person could move house. You would therefore not be providing. Life events occurs.
I would also remind you in common law we have to consent to an act and this is a legal basis within our rights.
You then take action to enforce payment for service not provided and register this with credit reference agency but again you have not provided a service or credit provision and do this without the data subjects consent
You also have no sought consent for using the information. Therefore I consider you in breach of GDPR.
If you still maintain your right to demand payment for services not yet provided please share where in law this has been permitted. Industry practices or common assumption are not legally enforceable and can only be enforced if agreed by two parties within a contract or where permissible in law. I find no such permission in the WIA. I have informed you I am not entering into a contract for advanced charges.
This information will be shared and I will defend my position.
thoughts welcome as I bring the challenge
I opted out of any contract with them as this behaviour impacts so many and have put them to strict prove of legal right to charge. I made payments monthly for service provided. So much should when moving house they actually issued a refund.
it didn’t however stop them putting a late payment on my credit report - breach of GDPR referred to ICO.
They replied to my complaint citing they have the right to
The relationship between us and our customers in respect of the provision
of
water and sewerage services is governed by statute rather than a contract.
This means whilst there is no legal contract signed between us, we are
entitled
under the Water Industry Act (WIA) 1991 to bill you.
Section 142(1) of the WIA confirms that we, as a relevant undertaker, shall
have the power to fix, demand and recover charges for any services provided
in
the course of carrying out our functions. The WIA also gives us the power
to
fix our charges each year under a charges scheme. The charges scheme
provides
full details of how water services charges are made and states that they
are
payable in advance. You can have a look at our 2020/21 Charges Scheme by
clicking on this link:
https://www.yorkshirewater.com/media..._2020-2021.pdf
This is the same as any business planning for the year ahead.
The acts also permit you to demand or request payment for services provided. How have you provided the service and how can you confirm you will be providing this to the customer for the year ahead?
The key wording here is provided. You are advance charging and not yet provided the service. Therefore the WIA required you to have provided the service.
The consumer is protected via consumer legislation and GDPR. Plus the Water service act as you are interpreting provided when the person could move house. You would therefore not be providing. Life events occurs.
I would also remind you in common law we have to consent to an act and this is a legal basis within our rights.
You then take action to enforce payment for service not provided and register this with credit reference agency but again you have not provided a service or credit provision and do this without the data subjects consent
You also have no sought consent for using the information. Therefore I consider you in breach of GDPR.
If you still maintain your right to demand payment for services not yet provided please share where in law this has been permitted. Industry practices or common assumption are not legally enforceable and can only be enforced if agreed by two parties within a contract or where permissible in law. I find no such permission in the WIA. I have informed you I am not entering into a contract for advanced charges.
This information will be shared and I will defend my position.
thoughts welcome as I bring the challenge
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