Hi All,
I was following up with my local council offices in relation to some overcharging on my waste charges. Fair play to them they puts their hands up said it was their mistake and that they would correct the bill and resend it but then a sting in the tail.
According to the council there are arrears of almost €200 for Domestic Water Charges on my property dating back to the early 90's, we moved in early 2005. This figure is 'Statute Barred' which means that it's recovery cannot be pursued in court. It is a debt on the property due from the previous owner and according to the council the previous owner’s solicitor was aware of it but declined to pay the bill. It remains as a debt on my property and will be flagged if and when we decided to sell.
They then go on to say that in the context of the debate on the reintroduction of Domestic Water Charges it is conceivable that such a figure could appear as an opening balance on any bills issued. They also suggest that I contact my solicitor involved in the purchase of my house to advise him of this, if he is not already so aware.
So I am a bit annoyed at this and have a some questions:
1) If the previous owner decided not to pay this bill and cannot be forced in the courts to pay this can I assume I can do the same and not pay this bill.
2) Assuming domestic water charges do come in, can the council send me a bill with my name on it for arrears that are clearly not my arrears? Is this legal?
3) If I were to contact my solicitor why could I expect them to do, or is this bad advice from the council.
4) Can it be assumed that if domestic water charges do come in will they also be 'Statute Barred' and non payers cannot be perused in the courts or could I find myself being disconnected due to non payment of a bill that I did not run up.
I was following up with my local council offices in relation to some overcharging on my waste charges. Fair play to them they puts their hands up said it was their mistake and that they would correct the bill and resend it but then a sting in the tail.
According to the council there are arrears of almost €200 for Domestic Water Charges on my property dating back to the early 90's, we moved in early 2005. This figure is 'Statute Barred' which means that it's recovery cannot be pursued in court. It is a debt on the property due from the previous owner and according to the council the previous owner’s solicitor was aware of it but declined to pay the bill. It remains as a debt on my property and will be flagged if and when we decided to sell.
They then go on to say that in the context of the debate on the reintroduction of Domestic Water Charges it is conceivable that such a figure could appear as an opening balance on any bills issued. They also suggest that I contact my solicitor involved in the purchase of my house to advise him of this, if he is not already so aware.
So I am a bit annoyed at this and have a some questions:
1) If the previous owner decided not to pay this bill and cannot be forced in the courts to pay this can I assume I can do the same and not pay this bill.
2) Assuming domestic water charges do come in, can the council send me a bill with my name on it for arrears that are clearly not my arrears? Is this legal?
3) If I were to contact my solicitor why could I expect them to do, or is this bad advice from the council.
4) Can it be assumed that if domestic water charges do come in will they also be 'Statute Barred' and non payers cannot be perused in the courts or could I find myself being disconnected due to non payment of a bill that I did not run up.