Re: Re: Developments in Cork

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Something form the quondam Cork Examiner of 7 February 2007:

07 February 2007

Council has a duty to keep citizens informed

WITH reference to your article on refuse charge rebates (Irish Examiner, January 17), I took the case for refund of fees against Cork City Council under Section 40 (1) of the Sale of Goods and Supply of Services Act 1980.

The council has a duty to inform not only me but all of its account-holders of a change in the terms of collection of refuse before it receives payment for providing the service.

The city manager is incorrect when he says mine was a special case with “specific circumstances”.

The very same case and circumstances apply to all those who availed of the discount, 15,420 account-holders other than myself.

The judge in the Small Claims Court made it perfectly clear to city council representatives on the day that I was due the refund under the 1980 Act.

I believe all who paid by the date the council set are entitled to a rebate, and Cllr Catherine Clancy’s reason for calling for a rebate was to avoid the Small Claims Court being swamped with claims.

As it is, the city council is supplying half the service of 2005/6 for a higher fee in 2006/7.

Perhaps it believes lack of action by those entitled to a rebate will save it refunding money to which it is not entitled. I would suggest that, for a small filing fee, a refund is obtainable through the Small Claims Court.

John McCarthy
Villa Nova
Douglas Road

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