7 comments so far.A property is not a consumer, a person is, says Arms Class Action Group
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Arms Class Action Group, ‘Up in Arms’ spokesperson Patricia Graham, said in a statement today that, “according to acting CEO of ARMS Ltd, if your Landlord bills you for your utilities, you don’t exist!”
Patricia said that this comment was made during a meeting with the Energy Minister Konrad Mizzi, Patricia Graham ‘Up in Arms,’ Mathew Grech lawyer, Dr Aaron Mifsud Bonnici for the Water Services and James Davis ARMS Ltd, held on Monday, the 17th February, 2014.
“The ‘Up in Arms’ group successfully obtained the potential residential rate for all on production of, ‘A’ ID card, passport or new e-res card, late last year. Classified ads appeared soon after, within the media, informing residents, living in their Primary Residence, of the changes, and many took advantage and received the residential rate,” Patricia said.
She added that “what the classified ad failed to mention was that tenants first required their landlord’s permission and that Form H (change in number of consumers) would not be accepted without the Landlords endorsement. If the Landlord refuses, you do not exist.”
Patricia stated that the “Minister for Energy Konrad Mizzi is adamant that ARMS Ltd should accept a lease, amongst the already required documents and went as far as suggesting that ARMS Ltd themselves, should inform the Landlord on receipt of the application for residential rates by the tenant, however, according to Dr Bonnici that would require a change in law.”
“Which Maltese law exactly does Dr Bonnici wish Minister Mizzi to change to give tenants the billing account? The law is already there! Maltese (and EU) law requires ARMS to give final customers (tenants) all billing data by LN 166 of 201, Art 8(3), Patricia asked.
“The ‘Up in Arms’ group wholly support this imitative by Minister Mizzi which would then give tenants residing in Malta on long term contracts, the right to apply for the residential rate.”
Patricia pointed out that “Dr Bonnici was afraid that a system like this could be open to abuse. What more abuse?? Isn’t the system already being abused by Landlords, who freely admit, in fact almost brag that they do not declare their rental income? Isn’t the system already being abused by Estate Agents who fail to inform prospective tenants of this two tier abomination because seemingly it is not in ‘their remit’? Isn’t the system already being abused where those who should be entitled to the residential rate are charged what now becomes a premium rate for their utilities? Isn’t the system already being abused by landlords over selling the face value of pre pad cards?”
“I’m sorry, we tenants may not exist in the eyes of ARMS, but we are a force to be reckoned with and will not be used to exonerate abuses that were not of our creation. That buck stops firmly with ARMS. A laziness in not ensuring a proper, non-discriminatory, pricing schedule for all.”
“Changing the two tier system will require a change in the law. That is not the quickest path. The way forward is through the existing law by linking the consumer to the supplier. A ‘property’ is not a consumer, a person is,” Patricia Graham concluded.
Inertia rules.
It is much easier to do nothing and defend doing nothing than to extract ones digit and,as in this case,bring ARMS into the 21st century.
Also,a lot of vested interests,ie crooked landlords to be exposed.
So, if a tenant doesn’t exist, then I suppose garnishee orders on their accounts / salaries are invisible too. That’s absolutely great. I’ll tell the magistrate you said that, ARMS. That will save me going to and fro to court, missing days off work, stress, etc etc etc. And by the way, after I tell the magistrate that, I’ll come after you ARMS, for the 1 600 euro I have already incorrectly paid at the domestic rate.
Don’t think that by labeling the property I live in as domestic billed (no. of residents = 0) that you can make me invisible.
Because I am NOT going to go away.
more like invested interests….. we are invisible until they want to be paid or until there is cash to be extracted by whatever means (by hook or by crook springs to mind) from the unwary tenant….or worse still a garnishee order against you and your bank accounts for unpaid bills / accounts that are not not in your name as you are invisible ………. simple as that …… we are only visible when it suites like when we dispute the robbery and the smiley smiley disappears and their true colours are shown …beware.
It strikes me as surprising that ARMS see landlord billed tenants as invisible, non existent, “D not exist in our eyes” yet allow tenants to turn up on a monthly basis to pay bills that are not in their name. Kind of throws the ‘mobile phone’ scenario out of the window Dr B!! ARMS won’t allow anyone but the account holder (landlord) access to details of the account/consumption, but will allow said tenants to pay bills, in cash, that are not in their name!!
Double standards all designed to benefit the scammers and approved/accepted tax evaders.
The above reference to “LN 166 of 201” should be “LN 166 of 2011”. Article 8(3) of this states “final customers shall be provided by their electricity supplier with all relevant consumption data”.
In addition Article 2 defines a “final customer” to be “a person purchasing electricity for his own use or consumption and not for wholesale or retail purposes;”.
The final customer is therefore the tenant and cannot be the landlord.
So if the landlord is the property’s ARMS account holder then the final customer (tenant) can be denied consumption data contrary to Article 8(3).
In conclusion, having the landlord as account holder is illegal by Maltese law when there is a tenant.
Just in case it is considered that the landlord could be an “electricity supplier” in Article 8(3) please note that this would require a license according to Article 4.1(b).