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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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Customer Question

I have been paying for my water supply based on a water meter installed when I bought the property 16years ago. I now find that the meter I am being charged against is not for my property. The water company have now installed a meter which does record my water usage.This is much lower than I have been paying. I am now trying to negotiate the correct compensation. The water company have made an offer which goes back 16 years, and I feel is too low.They now state "The Limitations act" and say they are being generous and will not consider further negotiation. Are they correct
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How much too low do you believe their offer to be?
Customer: replied 3 years ago.

about £400

Expert:  Jo C. replied 3 years ago.
The short answer is that there are arguments on both sides but you might want to consider whether or not this sum of money is worth arguing over.

The Limitation Act 1980 means that claims that are over 6 years old cannot be pursued. There is scope to apply for an extension of time but its very rarely exercised.

However, you could counter that by arguing that because there has been ongoing contract between you and the water board throughout the relevant period the Limitation Act does not apply.

Overall, the Court could decide in either direction really. Its impossible to tell which view a Judge would take.

The advance of claiming for this sum is that its a small claims court sum and so it would be cheap and quick to issue. They may settle to avoid argument also.

The risk that if the limitation point goes against you then you will only get compensation for the last 6 years.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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