Clear Business Water Limited: Investigation
Decision to close the investigation into Clear Business Water Limited (CBW) and its compliance with Standard Licence Conditions (the “SLCs”) B2(2) of its water services and sewerage services licences.
Investigation
On 26 April 2024, the Commission wrote to CBW outlining its decision to undertake an investigation of a potential licence breach, including a request for information pursuant to the Water Services etc. (Scotland) Act 2005.
After careful review of the information provided by CBW, the Commission has concluded that CBW has been in breach of SLC B2(2) by disallowing the early termination of fixed term contracts for 291 customers between February 2024 and May 2024.
Decision
Consistent with its Policy for Licence Contraventions and Policy for Monitoring, Enforcement and Penalties, the Commission made a decision to accept a redress plan proposed by CBW and not to undertake enforcement action.
In recognition of its non-compliance, CBW has agreed with the Commission a redress plan comprising a written apology to all affected customers to acknowledge its non-compliance and outline the following compensation:
- A fixed payment of £75 to each affected customer; and
- Foregoing any early termination charges should those affected customers seek a subsequent transfer.
CBW also agreed to amend its Terms and Conditions to allow all customers on a fixed term contract to terminate their contract ahead of the fixed term (consistent with SLC B2(2)) and to retrain its staff.
Whilst the Commission is satisfied that CBW has taken the necessary steps to secure compliance with SLC B2(2) and to compensate those affected customers, the Commission will monitor regularly CBW’s remediation plan.