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delinquent water bill account

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1 delinquent water bill account on Fri May 06, 2011 7:27 pm

acecats


Arresto Menor
Hi,

Can someone pls give me advice on this lawsuit that i am going through.

The private waterwork operator filled a suit against my dad in the small claims court. He is claiming that we have a delinquent water account amounting to 48,000 pesos way back year 2002-2003. We already met in court last week, but the judge reschedule us to another date for a full blown trial.

The only evidence of the waterwork operator to prove his claim is a computer print out which he called a ledger, but such ledger does not give details on how he arrived at his alleged figure of 48,000. We asked him to show us the official billing statement, or any invoice to support the figure on the ledger, but he said those documents were already lost due to a flooding incident that happened in their office.

just a background, the waterwork operator was given Certificate Of Public Convenience by the NWRB only in the year 2003, prior to that, the original agreement of the homeowners and the waterwork operator is a flat rate of 113 per month. By the time that the operator was granted CPC by the NWRB, he immediately imposed the metering method to collect water fees, and that is why i decided to voluntarily cut off my water supply from them and instead used an electric water pump supply.

During the trial we asked him on how did he arrived on such a large amount of water bill account, well in fact during the time that we used their water supply, the rate was only 113 pesos per month? His contended that the grant of CPC by the NWRB, means that his new water rate is already approved and has a retroactive effect.

Is this even legal? to have the water rate effect retro actively? This would amount to grave injustice on our part. And is it enough evidence to just show the court computer printout containg the alleged amount without any official billing statement or invoice to back it up? And one more thing, is water bill account a written contract? cause if its not i could also invoke the statute of limitaions since it took them seven years to let me know that we have a delinquent account on them, as my other defense.

Any advice on this matter would be greatly appreciated.
I am a first year law student and this will also help as part of my study.

Thank you for this website. You are doing a noble thing.

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2 Re: delinquent water bill account on Sat May 07, 2011 6:36 pm

attyLLL


moderator
you mean he charged everyone with retroactive billing or just you? to my mind, it should nor be applied to past accounts.


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3 Re: delinquent water bill account on Mon May 09, 2011 2:51 pm

acecats


Arresto Menor
Thats what i thought so. Another thing, is a water bill account considered a written contract? or can i claim that its just an oral agreement between me and the waterworks operator since during the time that we still avail water service from them we only agreed on 75 flat rate, and they themselves can not produce the original billing statement, since its a seven year account.

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