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WATER HOLE
Shirley Carrington displaying the water bill for $1 454. The $1 400 charge is for arrears relating to a previous occupant of the land who died more than 20 years ago. (Picture by Donnay Deane.)
Published on: 11/21/2009.
by Maria Bradshaw
WHEN Shirley Carrington received a water bill last month for $1 454 her jaw dropped.
But when she called the Barbados Water Authority (BWA) and was informed that she had inherited the $1 400 debt of the previous occupier of the land on which she now resides, Carrington said she almost went into cardiac arrest.
She is now losing sleep wondering how on earth she could be saddled with the debt of someone who died over 20 years ago and who is not even related to her. Furthermore how is she going to pay this huge amount?
Carrington explained that she bought the land at Yearwood Road, Black Rock, St Michael, ten years ago with a loan from the Barbados Public Workers’ Credit Union.
She said the attorney at the credit union did all of the necessary research on the land and all she had to do was to sign a document concerning the loan and the repayment.
Carrington pointed out that because she lived in the area she knew the woman – Dorothy Shepherd – who previously rented the land.
“She died over 20 years ago and her sister lived in the house before going overseas, and then her son, but he died too,” she explained.
When she eventually bought the land from the previous owner Darnley Edgehill, the house was no longer there.
“I don’t know what happened to the house that was there, but I built my own house and applied for my own water from the Barbados Water Authority. I got my own pipes laid and paid over $300 to have the water connected,” Carrington said.
That is why she is so horrified at what is happening.
“When I got the bill I told my daughter to go down there the next day and find out what was going on because this has to be an error. She called me from there and told me that they said it was an oustanding balance for the woman Dorothy Shepherd who used to live on the land and because she had died and I bought the land that I had inherited her debt.
“I want to know what they were doing for over 20 years since this woman died and why I was not informed about this debt when I applied for the service from them ten years ago.”
She said an official at the BWA also advised her to make arrangements to pay the money.
Carrington said she has asked the Ombudsman to investigate the matter and is also checking with the attorneys at the credit union.
“My bill for November just came out and the balance is still there, and it has ‘pending disconnection’. I want answers. This is a nightmare to me. How can they just juck somebody bill on me? As far as I am concerned they should have dealt with this a long time ago.”
When contacted, management at the BWA stated: “According to the BWA Act CAP. 274A s.30(4):
“Unpaid rates and charges are a lien and charge against the premises in respect of which the debt is incurred.”
“This means that where there has been a change in the ownership of a property and there is an outstanding unpaid debt in the name of the previous owner/occupant, the BWA has a legal claim against the new owner.
“Therefore, people who intend to purchase any property in Barbados are advised to ensure through their attorneys, that all encumbrances, including water rates, are paid in full and that no additional charges for water rates are being incurred while the sale of the property is being processed.”
It added: “The Authority recognises that in some cases a significant period of time has elapsed between the transfer of outstanding debt between the old and new accounts. It apologises to those customers who have been affected. The BWA has put systems in place to effect more timely transfers.”
WHEN Shirley Carrington received a water bill last month for $1 454 her jaw dropped.
But when she called the Barbados Water Authority (BWA) and was informed that she had inherited the $1 400 debt of the previous occupier of the land on which she now resides, Carrington said she almost went into cardiac arrest.
She is now losing sleep wondering how on earth she could be saddled with the debt of someone who died over 20 years ago and who is not even related to her. Furthermore how is she going to pay this huge amount?
Carrington explained that she bought the land at Yearwood Road, Black Rock, St Michael, ten years ago with a loan from the Barbados Public Workers’ Credit Union.
She said the attorney at the credit union did all of the necessary research on the land and all she had to do was to sign a document concerning the loan and the repayment.
Carrington pointed out that because she lived in the area she knew the woman – Dorothy Shepherd – who previously rented the land.
“She died over 20 years ago and her sister lived in the house before going overseas, and then her son, but he died too,” she explained.
When she eventually bought the land from the previous owner Darnley Edgehill, the house was no longer there.
“I don’t know what happened to the house that was there, but I built my own house and applied for my own water from the Barbados Water Authority. I got my own pipes laid and paid over $300 to have the water connected,” Carrington said.
That is why she is so horrified at what is happening.
“When I got the bill I told my daughter to go down there the next day and find out what was going on because this has to be an error. She called me from there and told me that they said it was an oustanding balance for the woman Dorothy Shepherd who used to live on the land and because she had died and I bought the land that I had inherited her debt.
“I want to know what they were doing for over 20 years since this woman died and why I was not informed about this debt when I applied for the service from them ten years ago.”
She said an official at the BWA also advised her to make arrangements to pay the money.
Carrington said she has asked the Ombudsman to investigate the matter and is also checking with the attorneys at the credit union.
“My bill for November just came out and the balance is still there, and it has ‘pending disconnection’. I want answers. This is a nightmare to me. How can they just juck somebody bill on me? As far as I am concerned they should have dealt with this a long time ago.”
When contacted, management at the BWA stated: “According to the BWA Act CAP. 274A s.30(4):
“Unpaid rates and charges are a lien and charge against the premises in respect of which the debt is incurred.”
“This means that where there has been a change in the ownership of a property and there is an outstanding unpaid debt in the name of the previous owner/occupant, the BWA has a legal claim against the new owner.
“Therefore, people who intend to purchase any property in Barbados are advised to ensure through their attorneys, that all encumbrances, including water rates, are paid in full and that no additional charges for water rates are being incurred while the sale of the property is being processed.”
It added: “The Authority recognises that in some cases a significant period of time has elapsed between the transfer of outstanding debt between the old and new accounts. It apologises to those customers who have been affected. The BWA has put systems in place to effect more timely transfers.”
45 comment found!
BWA : 11/21/2009
Regardless of the BWA Act, they cannot now try to collect after 20 years for an outstanding debt.
The mandatory time (think it is 5 years) for them to give notice of debts outstanding and to be collected has passed. Furthermore, the previous land owner is the one liable for the debt as they owned the land when the costs were incurred. Someone has been sleeping at the BWA for twenty odd years.
I think the BWA is misinterpreting the act.
I wish a lawyer would comment on this.
: 11/21/2009
Why is that the comments take so long to be published? The delay in publishing the comments only serves to prohibit any meaningful discussion of the topics. If the Nation newspaper is going to tout this forum then please be fully committed to it and not just give lip service.
Lawyer : 11/21/2009
Although this seems unfair, legally BWA is not to blame. The lawyer that assisted this woman in buying this property is to be blamed. In purchasing a property the lawyer should check to find out if there are any liens against the property, unpaid debts, encroachments, etc., before a client signs any documents pertaining to the purchase of a property. The lawyer that dealt with her case should be sued for malpractice. There should also be some kind of insurance available for these kinds of things.
: 11/21/2009
The attorney did not do a good job.the dept is twenty years old, you applied for the water tens years later, you are suppose to be getting a bill monthly or quarterly however that goes. is this the first time this arrears accur. something is not adding up.
water Hole : 11/21/2009
Shirley, Don't worry too much about this,this debt will be forgiven,its not your debt and the Water authority is not that bad.
Put your mind at ease,they have to harrass somebody,and that somebody happens to be you,but as I said,you will come out OK
Incompetent attorney to blame : 11/21/2009
Im having a hard time understanding why folks are blaming the water company.It is true the bill should not have been outstanding for twenty years, but, it is equally true that if Mrs. Carrington's attorney had done his homework, she would not be in this debacle today.Her problem rests squarely on the shoulders of an incompetent attorney who, through laziness or ignorance, did not bother to check to determine if all encumbrances were satisfied before accepting title to the land. I can empathize with her, but she needs to be going after the ruthless attorney who took her money and failed to render appropriate legal services. I hope the water company will work with her to avoid any disruptions.Good luck.
MIS-MANAGED BWA!! : 11/21/2009
THIS IS ABSOLUTE NONSENSE. WHY DIDN'T THEY CUT OFF THE WATER SERVICE 16 YEARS AGO? WHY DIDN'T THEY PLACE A LIEN AGAINST THE PROPERTY BACK THEN AND TOOK LEGAL ACTION TO COLLECT? IS THERE ANY WONDER THAT THE PM IS DISAPPOINTED IN THE PERFORMANCE OF THE BWA? WE ALL SEE WHY WITH THIS ACTION AGAINST ONE OF OUR FELLOW CITIZENS.
BWA incompetence : 11/21/2009
BWA should have done their job and collected the money years ago. They are going after Ms Carrington who represents a soft target.
Also, the attorneys who did the conveyancing of the land should also be held accountable.
Lawyer and BWA at Fault : 11/21/2009
My land wasn't changing owners but I still had to take an up to date BWA bill to the lawyer when I was getting a new mortgage. Transactions relating to property can't be processed without showing that Land Tax and Water bills are paid up. That debt would've had to be paid before the property could have a new owner. How could the OWNER sell the land without the arrears of the previous RENTER being settled? Also wouldn't the second & third occupant have been seeing arrears and "Due for Disconnection" on the lady's bill when they continued to use water in her name? If there was no debt on record at that time, it shouldn't be allowed to suddenly appear now after all the legal work has been done.
Water Bill : 11/21/2009
This another example of the lawyers who unfair thier clients. If anyone should pay the bill it should be the lawyer who was paid to ensure the land was free and clear of any liens. This evidently not done. Are we surprised that the poor land owner is at the mercy of the "System". It is truly time to have another look at how the business of buying a piece of the "Rock" is handled. Time for Notaries to handle these transactions and keep lawyers out of it.
water hole : 11/21/2009
Sounds like the previous owner might have owed the BWA 1 months rent, and the 1400.00 is interest over the last 20 years.
I hope that Ms Carrington isn't forced to pay this.
WATER HOLE : 11/21/2009
THE PM JUST SAID HEADS ARE GOING TO ROLL AT THE BWA I HOPE HE HURRY UP . THIS IS MIS MANAGEMENT AT THE HIGHEST LEVELL AND A BLATANT CASE OF PEOPLE GOING TO WORK AND SLEEPING AT THE WHEEL. TEAR THE BWA APART AND START ALL OVER WITH EVERY INDIVIDUAL KNOWING WHAT THEIR RESPONSIBILITY IS ON THE JOB. I HAVE A HOUSE THERE WHICH I RENT OUT AND I HAD IT OUT OF OPERATION FOR A FEW MONTHS AWAITING REPAIRS NO WATER WAS USED AND YET I RECEIVED A BILL FOR $35 DOLLARS A MONTH WITH THE METER READING BEING THE SAME FROM MONTH TO MONTH WHEN I ENQUIRED I WAS TOLD THAT THIS IS A SERVICE CHARGE. SERVICE CHARGE FOR WHAT NOT USING WATER. THIS PLACE IS OUT OF CONTROL AND EVERY DAY THE PM IS ASKING PEOPLE TO RETURN TO BARBADOS OR INVEST IN THE COUNTRY. YEAH RETURN HOME LIKE THE RETURNING NATIONAL WHOSE JEEP THEY HOLD FOR A YEAR AND THEN WANT TO AUCTION IT OFF SO THEY CAN HAVE THEIR FRIENDS LINED UP TO BUY IT FOR CHEAP. MR. PM GET INVOLVED IN THESE SITUATIONS AND DO WHAT IS RIGHT.
CALIFORNIA BAJAN
WATER FALLOUT : 11/21/2009
In New York State where this law is also in effect, purchasers of real estate are specifically directed to have a final water reading done prior to "closing" the real estate deal in order to avoid being held responsible for unpaid water and sewer charges which ultimately become liens on the property. The same applies to unpaid property taxes on the property. In this particular instance, I would like to know if and when did the BWA placed a lien on the property. Also, did Ms. Carrington have an attorney represent her during this purchase? It seems that the attorney represented the Barbados Public Workers’ Credit Union as the lending bank and not her as the purchaser. Did she rely on the Credit Union's attorney whose job it was to protect the Credit Union and not Ms. Carrington as the purchaser? Thus the question becomes, whose responsibility is it to conduct lien searches on the property: the purchaser or purchaser's attorney; the seller or seller's attorney or the lending institution or its attorney? In New York State, the responsibility falls on the purchaser but the lien search is usually ordered by the purchaser's attorney through a title company.
WATER HOLE : 11/21/2009
We will always be in this Water HOLE as long as the same incompetent people continue to run the BWA this is only part of the mess they continue to make. 20 yrs, 10yrs after this lady took ownership of the property they want to charge her for this, "HELL NO" whoever is in charge of billing should be fired. how incompetent can you be? her lawyer should have to pay this bill these are the kind of things they are paid for.
BWA messed up again : 11/21/2009
I have to agree with the comment to Bajan in Boston from Mr. or Mrs Unknown. Living in North America this stuff happens all the time and its never the utilitie's company's fault always the consumer. I know your in fear of having your water disconected, but try to find the money some how and fight the bastards as well. And as a Proud Bajan living in Toronto Canada, I would always return home to live. "There's no place like home"
Bajan in T.O.
Dont pay that : 11/21/2009
Ms carrington dont pay that,that has nothing to do with you..its not your name or any one family to you..if you pay that you would be a fool...thats a debt from 20 yrs ago since 1989 dont pay that...get a lawyer if you must but its not your debt..they can cut off your water for that if they do i normally wudnt say this but sue them like tail...
Vex Bajan
: 11/21/2009
To Bajan in Boston. Pleeeeeeze. I am not saying that this matter cannot be resolved in a differen way, but pleeeeeeeeze, you know the same thing happens in Boston or anywhere in the USA. And you would have to pay it or take it to court. Because the owner of the property is ultimatey responsible for sewer and water services. Look around you nd see if you dont live with far more inefficiencies and corruption and "everything is about money" where you are. pleeeeeeze. You think Barbados is going to fall off the map if you never live there? pleeeeeeeze.
wrong : 11/21/2009
That bill should be canceled that is wrong.What about all the pipes that are leaking should we have to pay for them also.
: 11/21/2009
Poor lady, I hope you find a lawyer who will handle the case for you for free.Maybe the same lawyer should fight it for you. It's a shame for you to invest time and money in something this avoidable. I wish you luck.
Bajan-Cal
Lawyers to Blame : 11/21/2009
While i disagree with what the BWA is doing here, i think the attorney is partly to blame as well. During Land purchases attorneys in barbados charge ridiculous fees to do research on properties to avoid situations like these. clearly the attorney didn't do a good job and should be meant to pay this bill...
Embrassing : 11/21/2009
The BWA Act CAP. 274A s.30(4) is archaic, and clearly out of touch with reality. Common sense would dictate that any debt owed by a prior land or home owner is not and should not be the debt of the new owner. Furthermore, her attorneys did a "sloppy" job in their title and financial searches and should be made to pay for this error. The Government needs to hire a competent legal mind to review and in most cases re-write these archaic laws to be current with the 21st century.
water : 11/21/2009
This is the biggest piece on NONSENSE anybody could ever hear.
Get some NEW management at BWA quickly Mr Prime Minister.
While you are at it, also put up a decent web page. The current one is pathetic...a disgrace to Barbadows.
Water water water : 11/21/2009
I am anxiously awaiting two outcomes.
1. What will happen re:this outstanding bill and
2. What MUST happen re:the management @BWA
This is disgraceful !
Barbadian in Canada : 11/21/2009
i was hoping to come home soon to live,but when the B.W.A can do something like this to some one living there what will they do to me,i think i Would take my chance with Cuba that look like a better choice to me now.twenty years my god how much of this money is interest.WHY DON'T THE GOVERNMENT WRITE OFF THESE DEBT and give these people a fresh start.RA Pickering Ontario Canada
UNFAIR BWA : 11/21/2009
PEOPLE CAN YOU BELIEVE THAT THERE ARE BUSINESSES IN BARBADOS THAT OWE THE BWA THOUSANDS MORE AND THEY STILL HAVE WATER AND THE BWA DOES NOT EVEN SEND THEM A LETTER, ONE BILL I HAVE SEEN AMOUNT TO $12,368.70 NOT A DEBT COLLECTOR DERA CALL THERE AND THE BWA CANT CUT THEM OFF EITHER, WHERE IS MR. JUSTICE HIDING NOW?
: 11/21/2009
The mangement at the water authority needs to be changed, they don't know how to manage and solve problems. If their staff is lazy then they need to deal with it. This lady should not be harassed for this outstanding debt, it is a nightmare and I can just image how they delivered the news in true Bajan fashion. (Well duh tell me to collect and I collecting, you deal wid it)Without and consideration for common sense or responsibility. Good people are looking for work, they do need shaking up. Whose fault is it that they did not do their job?
FAULTY : 11/21/2009
NOW I SEE WHY THE PM HAS TO GET INVOLVED IN THIS WHOLE MESS I SAY FIRE THE WHOLE LOT OF THE OR BETTER YET ASK THEM TO PAY THE WOMANS BILL THEY ALLOWED IT TO GET THAT FAR NOW THIS POOR WOMAN HAS TO PAY OUT WHAT SHE DOES NOT HAVE. ARE THERE ANY LAYWERS IN BARBADOS WHO IS WILLING TO TAKE ON THIS WOMANS CASE? NOW PLEASE STAND UP AND BE COUNTED. SIT DOWN ANDREW I KNOW YOU ARE THERE LET SOME ONE ELSE DO IT OK.
folly at BWA : 11/21/2009
This is high class robbery on the part of BWA, making someone pay for a debt 20 years old and ten years into her having the service... so when government ministers and 'other' kind of people own them money that amount to them being in debt why they never collect them millions... I fully support The Prime Minister on shaking up the BWA
Pure Stupidity : 11/21/2009
BWA needs to get thier act together, this gov't and its agencies going to the dumps, as young adult i dont feel very tied to this nation's heritage when we are destroying it with pure stupidity
madness : 11/21/2009
Doesn't mtw have a similar policy when it comes to road tax on a vehicle? It seems that goverment agencies can do what they feel like.
How can someone be responsible for a strangers debt. The person who incurred the debt is the one resposible for clearing it.
madness : 11/21/2009
WATER HOLE : 11/21/2009
Lady you need to get a lawyer. It was BWA's responsibility to inform you of the outstanding balance when you purchased the land and when the new connection is made. For years they have not been doing their jobs and now want poor Bajans to pay for their inadequacies.
BWA : 11/21/2009
People had better open their eyes and see what is happening in our little island.
not right : 11/21/2009
the BWA act is not law and that being the case maybe the BL&PCO should do the same too
Don't Care Pack of People : 11/21/2009
this is highway robbery at its best,its also show how lazy and negilent the bwa is,and this woman is being ask to pay for the bwa faults,when will it stop,it show why a burst pipe waste water for months before the bwa fix it,BWA NEGILENCE AT WORK.
Foolishness! : 11/21/2009
Horse puck, whoever received the money for the purchase of the land from this poor woman should have to pay the bill. They have profited from the sale of the land, when her estate was or is settled (you know how lawyers and the law goes) they should have to settle ALL her outstanding debts, and how have people been living on the land sense then and were not billed. Something more than fishy here.
: 11/21/2009
How ridiculous. The Barbados Water Authority is ripping off Ms. Carrington.
Will never live in Barbados again.
Bajan in Boston
BWA inept : 11/21/2009
Incompetence and inefficiency at the BWA continue to both amuse and bemuse me. The attorney who handled the sale of this land is also at fault as he or she should have effected conveyance only after verification that the property was free and clear of all liens and encumbrances, including unpaid taxes and itilities. Poor show by both parties. Ms. Carrington you should 'stand your ground' and ensure that you are not left paying bills for someone else. Besides, why has the vendor walked off scot free with the proceeds of the sale??
Incredible : 11/21/2009
This may be legal but absolutely unfair and incredible. So she must now pay for BWA'a in competence? Does the Statute of Limitations not apply here? Not all that long ago I recall that a similar thing took place at the Land Tax Department when people were asked to pay back-dated land taxes if they could not produce receipts to prove that payments had been made in previous years. Those who kept their receipts were Ok, but those who didn't, or could not find them, were asked to pay. Pure administrative incompetence on the part of some public servants and some lawyers, in my opinion.
: 11/21/2009
No wonder the Prime Minister stated that department needs a serious overhaul. That bill would never stand up in any court of law. Not withstanding what is written in the Act, those in authority should know that it is morally wrong.
Who `s bill? : 11/21/2009
These slip-ups happen at times, but I
looks like the Barbados Water Authority
is in such a need for cash that they will
go after dead for it. I would like to
know if the previous occupants had left owing a bill and now that I`m occupying
the primises if I would be responsible
for their debt.If it was a case that the
previous renters or owners and I decide
to pull a fast one to use my name just
to get away from paying the bill and that
can be proved ,well that`s another story.
Was there a lien on the property for the
outstanding debt and how old is this Act?.
sorry : 11/21/2009
i will not pay that bill all who was in the house be fore will have to u and that person is no family it will have make a difference
BWA : 11/21/2009
This is sick a bunch of stupid old time rules that needs changing,i would sell the land and never pay that bill.
Unfair system : 11/21/2009
This system is totally unfair to the lady involved. BWA should disconnect any unpaid water system within 90 days and send the information to the land tax department to be included in the assessment of the land. In this way there is a connect which is easily checked. There should be a monthly statement in the newspaper detailing payments more than 90 days old.
: 11/21/2009
Are we human beings or what? What is going on in Barbados ? Do we now have idiots in charge or what ? Write off the damn outstanding amount and let the woman get on with her life. How gross ????
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