Here is the full text of the complaint / formal notice to the Company's services Irno Service Spa, in order to make diponibile users who want to pass it, and so more effective action is taken against an institution that according to our humble opinion could certainly handle the best interests of the community. Please note that we are still in a phase out of court and that our action will be developed at various levels to protect the interests of users and possibly get a better service to the community, beyond the needed results legal desirable.
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letter AR
Dear Irno
Service Spa Via della Fortuna, 24 83029
sulfide (AV)
and PC Dear Equitalia
Polis Spa Agent Collection of Avellino Via
Moccia n ° 68 83100 Avellino
City Solofra
In the person of Mayor pt
Command of the Guardia di Finanza
Solofra
Carabinieri
Solofra
Subject: Your request for payment of invoices by ECR Ar Irno Service Spa - Notice pursuant to art. 1219 of the Civil Code. The undersigned
.............................................. ...................., found in your object of which they allege that the entire contents for the following reasons in fact and law:
1) the writers first to complain about the inconvenience them and their families as a result of your repeated requests for payment, which at first proved completely wrong in the quantification and allocation as you have publicly declared themselves and then release, has forced them to travel several times at the counters of Irno Spa Service in addition to the City or Equitalia Spa, which will forward the complaint before the competent authority to obtain compensation for any damage including the existential.
2) billing, but in many cases, never submitted to the undersigned as delivered by your hands often or otherwise responsible to contract with a delivery service that did not use even the normal criteria used by the Italian Post Office, do not allow and the material possession of tax documents and a clear statement of how user fees have been determined or if the base of them there is a set of City approved (remember that is your largest shareholder) as provided by law. More billing for water purification and sewage or water that occurred separately without any logic or connecting factor in the calculation of tariffs, so that it disputes the illegality and the total write-offs.
3) Your own request art. 1219 cc, vague and misty, does not contain any specification and / or distinction between the various titles of charge to payment of various fees as well as providing (the last request) expense items not due, as the costs of editing, or an imaginary "cost recovery" If anything, that might require Equitalia Polis Spa, but only during recovery and as a premium. It is not clear how the fact Irno Spa Service can order the payment of the amount allegedly due to "threaten" administrative detentions, mortgages, foreclosures and so coercive. This constitutes a clear violation of the rights of the user-consumer liable for damages, the more that your letters are dated 8/14/2009 and delivered just after mid-August about causing further damage and distress to the writers.
4) It should also be noted that many requests for payment invoices refer to years in which the purification Solofra was not working or at least the civic sewerage network was not connected to sewage treatment plant, so that we quietly know in what capacity we are required, however, and any payment from which period begins or is completed your right to levy the fee, as recent rulings by the Constitutional Court (Judgement No. 335 11 / 10 / 2008) which established that if the local council are not active for waste water treatment plants, the share of the bill for purification should not be paid by citizens .
5) As before we express request of all the administrative documentation (resolutions municipal, deliberations of Irno Service Spa) and accounting (invoices and providing for the determination of tariffs) on the amount requested, and still affect the total write-offs than unlawfully asked by way of payment.
Given the above and found to please and be wary not to engage in acts prejudicial to the rights of our clients and not to suspend the forced recovery of the alleged sums debende. In the absence we will be obliged to apply to the competent judicial offices as well as consumer groups and the media for the protection of our reasons.
Solofra, there
07.09.2009 Mr. Michael Anthony Giliberti
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