A man, who is acting on behalf of a family member’s deceased boyfriend, has been struggling to get Eskom to fix an incorrect invoice for a Paulshof home.
After many phone calls and trips to Eskom, Wulf Ruesch contacted Fourways Review and revealed that Eskom was sending a bill for the deceased’s property based on a wrong meter.
Ruesch said, “We were shocked when we discovered we were getting an incorrect bill. In December 2016 we reported to Eskom that the invoices for the house came from the wrong meter for the past eight years. The owner died without discovering that he was billed for a wrong meter.”
He explained that between June 2016 until December 2016 no one lived in the house. In January 2017, he reported again that the invoice is still incorrect but received no help from Eskom. In February, he went with an electrician from Eskom to confirm that a wrong meter was being read as Eskom did not believe Ruesch.
On 25 April, he finally received a corrected invoice with a figure of R15 000, which went back as far as 2009.
“No one at Eskom could explain how they arrived at that figure. In June they installed a new meter and I spoke to many people and made 12 trips to Eskom but still got no help,” he said.
Reusch negotiated a settlement amount that was discounted to R10 860.
“I requested a lawyer who handles the estate to pay the settlement amount but the next invoice returned with R15 000. Eskom ignored the settlement agreement.”
When Fourways Review asked Eskom about the wrong meter billing, Eskom said they were still looking into it and only commented, “The settlement adjustment reversal will be expedited and reversed from the account in terms of the settlement agreed upon. The account of the deceased will be closed and any occupants of the property will be advised to open an account in their own name with immediate effect.”
To shed some light on billing matters, we spoke to Garry Hertzberg, a practising attorney at Dewey Hertzberg Levy and host of the Laws of Life with Garry Hertzberg on Cliffcentral.com
Hertzberg said in any billing issue, if a resident can show that the meter reading is that of the neighbour, then the resident is not liable. Proof of this to the service provider is essential.
He stated,”Pictures taken of the respective meters showing the readings should be taken and submitted to Eskom. This should be done urgently to prevent termination of supply.”
He explained, “The Prescription Act as read with various court decisions has established that refuse, rates and sewerage charges prescribe after a period of 30 years whereas water and electricity charges prescribe after a period of three years. Prescription means that the debt is extinguished. One should be careful to check what portion of the debt is older than three years.”
Hertzberg further explained that if a person died without leaving a will, that person is referred to as having died intestate. This means that the deceased’s assets and property will be distributed in terms of the Intestate Succession Act 81 of 1987. If the deceased estate has no money, family members are not obliged to pay the debts of a deceased relative from their own assets.
“If, after every attempt has been made to satisfy Eskom that the incorrect meter has been read and should the electricity supply notwithstanding be terminated, the resident would be entitled to apply to court urgently for an order compelling Eskom to reinstate the supply plus the resident would have to claim for it,” he concluded.
Talk to us by posting on our timeline, Fourways Review or tweeting @Fourways_Review
