Irish Water Will Sue For Breach Of Contract – Erm, Really ?

Irish Water Will Sue For Breach Of Contract – Erm, Really ?

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Last night on RTE Irish Water’s communications officer (cough cough) was telling the viewing public that if people didn’t pay their water bills they would be taken to court.

This is fear propaganda.

It says in Irish Water’s own documents they cannot deduct money from source nor cut off supply but must attempt to recover monies by enforcement of contract through normal court procedures.

So they must go to court and prove you are in breach of a contract under contract law before they can get a civil judgement against you. To do this they must first prove they have a contract with you, declared or implied.

This is going to be very difficult if, as we suggest, you make it very clear and unambiguous that you do not wish to be in a contract with Irish Water. Not only would it be extremely difficult to prove, it would be foolish to attempt to bring before a court as it fails on the most basic tenets of jurisdiction.

So stand firm and know your rights. Don’t be scared by the propaganda machine.

Nor should you be fooled by the ever increasing amounts of water credit the government is offering. A new flat €100 “for everyone in the audience” is now being mooted. Remember €100 off €500 still means you pay and extra 400 over what you already pay in tax for water.

This is merely a trick to get you to contract with them. Once you are signed up the allowances can evaporate, the water charges can rise, and the company can be sold off to a foreign banks and pension funds in the same way UK water companies have been.

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40 Comments

  • Posted November 1, 2014

    Anita Collins

    IW can go and have their shite if they think I am paying one red cent. I will go to court, jail wherever, bit I am not paying for water a third time when I am already paying twice.

    • Posted November 2, 2014

      mgt bourke

      what about the people especially the elderly who have signed up cause they were afranid not to, what happens them , most people thought it was just sending back
      info on the household but not signing a contract

    • Posted November 2, 2014

      Waterlova

      Well said…triple taxation it is….If you let them do this….They’ll have us buried in taxes soon.

  • Posted November 1, 2014

    cork protestor

    I wish Rte would give fair coverage of the protest figures In Cork there was 20,000+ it seems whatever figure Rte gives double it to get a more accurate figure. I was there

  • Posted November 1, 2014

    Tirnanog33

    They are running scared.They would probably cap the first year’s charge at 50 Euros if they could get you to sign a contract..

  • Posted November 1, 2014

    Kay

    Should we contact them to tell them we’ve no intention of becoming their customer, or should we just ignore their correspondence?

  • Posted November 1, 2014

    tom

    i cant recall signing any contract

  • Posted November 2, 2014

    Niamh

    Will not pay a cent either they cannot afford to take us all to court thats just insane and besides dont mind at all going to prison would be a vacation at this stage as far as I can see prison is the best place to be no rent no visitors no water rates hey who could complain

  • Posted November 2, 2014

    kellynash

    You are a joke you dont care about the water supply or where leaks are u only care about fat bonuses sick sick people you are

  • Posted November 2, 2014

    Joe Malone

    She said that 800,000 had returned the forms but didnt say how many of those forms were actually filled in!That leaves another 800,000 forms NOT returned..So if they will take us to court..can anyone kindly tell me the prison big enough to take 800,000 pissed off Irish???

  • Posted November 2, 2014

    Noelette Phelan

    What contract I never signed one. Those muppets in the Dail are not listening to over 150,000 of us but you will it’s not happening now go off there little girl and find a new job for yourself

  • Posted November 2, 2014

    Sonya

    How can they bring you to court if you didn’t register a contract with them

  • Posted November 2, 2014

    Sheila Killeen

    Well all I have to say to that is I will not pay for water I can not drink I’m a single parent and do not have the means to pay for the water tax so ya the so called government said they will help with that but they give in one hand and take from the other hand how are people surpose to survive with what the government is doing to us a lot of children are going to go hungry and without a lot if things and have the government though that women need water more than men as women have a period every month and need to bathe more and what about newborn babies they need water for bottles I’m so angry right now the government don’t care about the people in the country but give million to other countries to help them out think of your own first before others

  • Posted November 2, 2014

    Pauline Nixon Araujo

    Ehh in order for there to be a contract you must first agree to it.. Therefor NO CONSENT = NO CONTRACT!!!! You cannot be sued for breaching a non existing contract.. end of story.

    • Posted November 2, 2014

      David Shaw

      Wrong legislation overrides common law rules on contract law so you do not have to consent.

      • Posted November 2, 2014

        Michael Stones

        EH WRONG if legislation overrides common law in an effort to FORCE you into a contract its unconstitutional

      • Posted November 3, 2014

        M Cullen

        Legislation do not overrule Common Law. Please stop trolling.

      • Posted November 3, 2014

        John Kinsella

        In court ask for the home addresses of ALL the IW top dogs, if they can follow you I’m sure you can —– them.

      • Posted November 3, 2014

        John Allen

        That legislation is surely unconstitutional. No elected government should be able to force the electorate into contracts they do not wish to enter into.

      • Posted November 3, 2014

        Admin D

        That all depends on what court you think you’re in. When they bring you to court for breach of contract it is brought under a common law motion

  • Posted November 2, 2014

    Catherine O Connor

    Is there any way we can get rid of these shower ie Irish water or are we stuck with this quango because when they set it up they didn’t have a get out clause?

  • Posted November 2, 2014

    pm125

    Who does that thieving, corrupt bitch and her cronies think they are? Call to my door and we will see the outcome.

  • Posted November 2, 2014

    cathy

    Breach of what contract. I did not sign one. I have a right to 3 quotations for a private service.. So until the Irish Government can provide Ireland with 2 more suppliers. They can kiss my bit’s…

  • Posted November 2, 2014

    Shirley

    No consent no contract take me to court, I will not pay

  • Posted November 2, 2014

    Derek Gallagher

    This clown is scaremongering you will never defeat the will of the people we don’t like your treaths and the irish citizens will not accept them irish water will be drowned and so will fine gael and labour enjoy the little time you lot have left, Sinn fein will scrap water charges and property tax when in government it’s only a matter of time Sinn fein Abu!

  • Posted November 2, 2014

    Donna McMahon

    Prove I am your customer who requested your service.. All they have is scare tactics and I will not need be engaging in any communications with you. We are not uneducated people.. And we will not pay twice for something..

  • Posted November 2, 2014

    Marty Gannon

    I would love to see the try..lol
    Contract under duress is not a valid lawful contract!
    This will get everyone off the hook.

  • Posted November 2, 2014

    Art S OHEaghra

    History now shows that Politicians and Political Parties in Ireland and for that matter the world over have totally mismanaged and let down their electorate to the detriment of the common good.

    They must be confronted by a court of the people and everybody concerned punished accordingly.

    They cannot be allowed to continue in this vane earning massive salaries and expenses and walking away with gold braided pensions for making such a mess. Salaries and pensions must be reviewed and reduced accordingly.
    Some must end up incarcerated in order to create an example.

    The sovereign cannot be expected to continue to accept such treasonable activity by so few.

    All political parties are the same. Self-interested Politicians and Party Politics is the ruination of Ireland and indeed the world at large.

    Instead a committee or board of qualified answerable people must be set up to run the country without politicians of any ilk.

    All of the structures of the state, many of which are an unnecessary burden concerned only with their own money generation autocratic tendencies must be disbanded and replaced by more answerable entities.

    The golden circle culture must be abolished.

    The people are speaking loudly in the most difficult of circumstances and very few, that should are taking heed.

    This will not pass over.

    With our gross national deficit running at €203.8 billion and growing, there has to be change. I sincerely think the vast majority of the sovereign recognise this but those that should still wish to continue with the old type of gravy train.

    Very surprised that Enda Kenny said what he did say last evening on television threatening 4% IncomeTax increase in lieu of Irish Water.

    It proves the existence of a strategy to create FEAR in the minds of the people.

    No compassion whatsoever.

    It also shows an il-advised mindset not based on fair consideration for a financially overstretched country, many of whose people are desperate to the point of suicide or indeed for a best-practice taxation and an economics strategy that has originated in Ireland and not elsewhere.

    It’s comic-book stuff in many respects.

    The sovereign will win in the end.

  • Posted November 2, 2014

    edfitzphotos

    To enforce their terms of contract on their customers who have either not returned their àpplication packs or have signed it “No Consent, No Contract” would be totally unconstitutional!

  • Posted November 2, 2014

    frank devenney

    Great, just make sure that you bring the contract with you, with my signature on it.
    I want only original documents, no copies.

  • Posted November 2, 2014

    Mari

    Everything thats said now will have panic behind it, we just need to stay focused fight the good fight and go forward. Never give up, people standing together can move mountains.

  • Posted November 2, 2014

    Anne Doyle

    Not paying sending bills to Enda he got the money

  • Posted November 3, 2014

    James

    Read and share. It’s the law since 1997. We already ARE paying for our water. Official!
    For anyone still in doubt, here’s a copy of the Act passed in 1997 that proves you, and everybody, already pay for water. In 1997 they added 2% to VAT on Everything you buy, and 5% to road tax and VRT so nobody would EVER have to pay further for a domestic water supply.
    Martín Pól Sgàire O’Maolmhuaidh

    For anyone still in doubt, here’s a copy of the Act passed in 1997 that proves you, and everybody, already pay for water.
    In 1997 they added 2% to VAT on Everything you buy, and 5% to road tax and VRT so nobody would EVER have to pay further for a domestic water supply.

  • Posted November 3, 2014

    Kate Bennett

    Just another example of the arrogance and ignorance of the people behind this farce. I would not let this government organise my grandchild’s birthday party let alone set up a company to run this essential service. Water is a right, not a commodity. I can choose whether I need to use electricity or gas I cannot choose whether I need water.

  • Posted November 3, 2014

    Frank Stone

    They have the PPS numbers already . Otherwise how do they check them. They will bill everyone and the law is there entitling them to use the sheriff to seize property. Don’t think they won’t use whatever means necessary to steal more and more. The loans have already been taken out to pay the huge salaries and bonuses and bribes.

  • Posted November 4, 2014

    Twaie McMorrow

    It’s a Private Utility Cimpany. Who owns it? Is it as I’ve heard through sources that Denis O’Brien is behind this Company. Can anyone verify this? I for one won’t be paying this unjust and wholly excessive charge. It’s about time that Stalin Kenny and his Cronies got the message; ” Scrap the Charge & The Irish Water Utility Company.

  • Posted November 6, 2014

    david Shaw

    Yes it does

  • Posted November 6, 2014

    david Shaw

    No its not a private comapny its owned by the state. A private company in law means that the company can not offer its shares publicly like a public company thats all. Two legilation does overrides contract law so any one who says they dont have a contract is incorrect. It is not unconstitutional to be forced into a contract it happens ever day. Car tax, tv lisence, public parking charges, income taxs, pension levy,. Water charges will not be won by freeman nonsence, It will be won only by prosting and refussing to pay but people should be informed of the correct laws.

    • Posted November 6, 2014

      Admin D

      It’s amazing that you wrote that in such a spirit of acceptance.
      ” It is not unconstitutional to be forced into a contract it happens ever day”
      That seems to be the core of what is wrong with this country.
      So if I leave my dog outside your house to guard it you are forced into a contract to pay me €200 a week, yes?

  • Posted October 21, 2015

    martin fennell

    Hello. I live in a private rented flat. I rang up irish water to register sometime last year.At first they couldn’t find the adress on the system. Later, they found it under my landlady’s name. She lives elsewhere.
    Because the apartment was registered in her name, and not mine. i will not get the 100 euro.
    But I have been told I will get it next year. It was agreed that i pay 6 euros a week. That’s 3 euros from me, and 3 from my flatmate.
    But lately, a relative who is not paying told me that water would be not reduced if it wasn’t paid.
    So I left it up to my flatmate to decide whether to continue paying for it or not.
    He decided against it.
    So what advice would you give to someone who is registered, was paying, but has decided
    to stop paying.

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