Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Won't reply? WASTETECH

    I am a company and have Waste Tech take away our rubbish. They fail on 06/04/07 (I think it was Good Friday) I called them as they had still charged us.

    Team Waste is another waste company and doesn't rip ppl off - no container provision charge no landfill charge and collection is a couple of quid cheaper each bin each pickup. The difference is about 130 a month!
    Also WasteTech charges you for a certificate each year at 100 whereas Teamwaste provides this for free. They simply add things; most obvious with this certificate which they said is a legal document and you must pay immediately, I paid it and it turns out you don't have to pay it is available for free!

    Anyway back to the point as Waste Tech failed to pick up our rubbish I sent off this letter to get out of the contract and get Team Waste in:
    Thursday, 07 June 2007

    To Whom It May Concern:

    I refer to the contract between PHS Wastetech Ltd & XXXXXX Ltd for the collection of commercial waste.

    You are in fundamental breach of the contract as follows
    • Failure to collect on a list of specified dates going to the root of the contract.


    I regard your conduct as a repudiatory breach of contract & accordingly treat ourselves as discharged from our liabilities & obligations under the contract with immediate effect.

    Please acknowledge this letter.

    ------------------------------------

    They have ignored the recorded delivery letter and carried on as normal! What can I do?

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  2. #2
    Banned PKea Informative PKea Informative PKea's Avatar

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    Default Re: Won't reply? WASTETECH

    • Failure to collect on a list of specified dates going to the root of the contract.

    Did you report each incident to them in writing?

    They could say they weren't aware of any missed collections

    Paul


  3. #3
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    Default Re: Won't reply? WASTETECH

    Also as it was Good Friday, do they collect on Bank holidaysicon and as PKEA said, did you write to them as well as phoning?

    PPMAN159

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  4. #4
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    I didn't put a date... but I did at the time organise a credit after tehy still charged us! No-one is answering the phones.... Shall I write again giving them fourteen days or I'll leave the bins outside?

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    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Got through at last. They said they didn't break the contract as issued credits. I said what is the earlist your saying you can cancel the contract. He said it is in the contract - which he isn't allowed to tell me over the phone so I asked for a copy only to be told I need to ask for the contract in writing!!!! I want to get rid of these cowboys!!!! What can I do - They charge for Landfill which the other firm says they just add - is this legal?
    They charge 100 for a certificate which is avaiable for free! - is this legal?
    They are out of order!

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  6. #6
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Bump

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  7. #7
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    Default Re: Won't reply? WASTETECH

    Quote Originally Posted by robert_harper_2000 View Post
    Got through at last. They said they didn't break the contract as issued credits. I said what is the earlist your saying you can cancel the contract. He said it is in the contract - which he isn't allowed to tell me over the phone so I asked for a copy only to be told I need to ask for the contract in writing!!!! I want to get rid of these cowboys!!!! What can I do - They charge for Landfill which the other firm says they just add - is this legal?
    They charge 100 for a certificate which is avaiable for free! - is this legal?
    They are out of order!
    This may be a case that the other companies just doesn't charge you for it as part of the package.
    Was this part of your agreement?
    I would speak to the Waste Authorites regarding the Certificate and find out wht the score is. It may be free to obtain, but they may have to do paperwork to get it sorted and issued.

    Also did you get my post for the wasted costs?


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    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Yes, brilliant thanks for the waste costs post - perfect!

    What shall I do about Waste Tech though?

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    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Awaiting call back been past back and fourth ... trading standards perhaps

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    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Still awaiting contract and heard nothing!

    Surely 12 Dec 2005 185 June 2007 356.98 is a significant imbalance? Could I get out of the contract this way?

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  11. #11
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Contract relates to November 1988! They said by signing the annual transfer note i am agreeing to the new terms (which weren't on the back, in fact didn't have them!).

    The original contract doesn't have
    landfill and disposal
    provision charge
    certificate charge

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  12. #12
    Basic Account Holder trinity1 Novitiate

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    Angry Re: Won't reply? WASTETECH

    I'm with PHS wastetech too robert and I've had nothing but problems with them.
    They took over Rapid waste late 2006 which is why I am with them now. From then they charged a fixed charge of 45.00 with nothing on top up unitil the start of this year.
    I started recieved bills with being charged standard lifts on top of this, placing an extra 20 each month. I rang up to complain about this and they said it was because I had filled the bin too much or I had extra bags. I assured them that I hadnt crammed the bin and had no extra bags. Customer services said the matter was 'Non negotiable'. The past few months I have been looking for a new waste company, Biffa infact and the prices are so low compared to the ridiculous amounts Im paying now. But the thing that got me the most was I also found out that i had been charged for the wrong sized bin, 660L instead of what I have which is 330L fo the whole of my contract.
    I contacted PHS wastetech, which has taken a whole month for them to come back to me with soemthing.
    The guy at customer services said to make things easier for him and me he could offer me a "reduction on the standed lift price, which I could gain back what I had lost over 6 months time". This seemed more like speaking to someone from sales rather then customer services. I said thanks for the offer but I would like my cash back as it was a mistake with the company and plus I shouldnt be charged standard lifts anyway. He claimed that it was a good offer and I would get more money back, plus it wasnt their fault?!
    He also said it would last the rest of the contract. Now I dont remember signing any contract because it had just taken over Rapidwaste. So I asked them for a copy of the contract, he said I'd have to write to the adminicon team and its 15 per copy. I told him the price sounded abit high, his reply was "If you didnt lose it then you wouldnt have to pay then would you?".
    Anyway, after all that and his sales talk about how the offer was so good (he used taxis fares and coke cans as an example, yes you guessed it he was talking rubbish!), the manager got involved and offered: eithe 90 credit or 6.50 per standard lift.
    To add to all this, I too have been charged landfill and disposal (Biffa dont charge for this)
    and annual transfer note charge.

    Sorry this has been long, but I'm so angry with this company who claim to offer "Premium service".


  13. #13
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    Well now they are also charging a 15 adminicon for filling a form which they require. This is a joke!

    If you need a transfer note next time remember at least you can get it for free.

    Why can't we charge them 15 for adminicon for returning the form???

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  14. #14
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    BUMP

    Could we charge adminicon or would it depend on T&Cs?

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  15. #15
    Basic Account Holder becka Novitiate becka's Avatar

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    Default Re: Won't reply? WASTETECH

    Having previously worked for a waste company many customers have the same issues as you partly as some companies rip people off and partly because of an understandable lack of knowledge about the waste business. To try and help sort some of your issues here's some ways to avoid the pit falls:

    Missed Lifts/Extra lifts
    can occur for lots of reasons - the drivers ran out of hours, they could not gain access to the bins, your account was on hold for late payment.
    Phone the depot on the day/the next day and find out why it was missed and when they are planning to empty. Sometimes a truck is only in a particular area once a week so then you would need to get confirmation you aren't going to get charged for an extra lift the following week. It might also be an idea to call the customer service team and get it logged with them so if you then are charged it can be credited without too much fuss
    You are probably contracted for "a level load" of your container. If the lid doesn't shut or you have waste piled next to/on top of the bin regularly you will be charged an extra lift - which means you either need a bigger bin or more frequent collections. In the meantime the cost is passed on to you as it means the waste collection takes longer and is less fuel efficient and can often mean someone else gets missed if there are several extra lifts a day

    Landfill Tax.
    All companies charge for landfill tax. It is a government imposed tax. Some companies sneak it in to the lift costs but don't flag that x is towards Landfill tax. Some companies charge a fee up front. This tends to be revisited (and increased) each April as it is included in the Budget.
    You cannot escape this charge and as this country becomes more and more geared towards "the polluter pays" at can only increase

    Duty of Care certificate.
    Most companies charge an adminicon fee to ensure your records are kept in proper order so that if you were subject to an environmental audit (again increasingly common) they would be able to provide details in the manner they are required - ie how much waste you have, what specifically happens to it once it has been removed from your premises. If you choose not to pay and get it fee from the Environment Agency (I think) then it is then your responsibility to keep all Waste Transfer notes etc (You would be able to get advice on what is required from the Environment Agency - not your collection company) to be honest it's only companies that employ a Waste Manager at 20odd k a year that tend to do this for themselves - 100 a year for something that would take several hours and prevents you from a hefty fine (2 years ago it was about 7k I think) and or a prison sentence can't be bad. But you are right - the certificate itself is completely free!

    As for BIFFA - I haven't worked in the industry for 2 years but they were then known as "Bins In For F**k All" cos they'll get em in cheap, tie you in to an annual contract then ramp up the fees ... make sure you read the small print!

    Waste companies are much of a muchness ... get educated about it, talk to their recycling department - see if they'll help you reduce your waste but most of all be nice to the customer service people - they are often the ones who can choose whether you'll get the response you want. And an angry, arrogant person would never get a break ;0)


  16. #16
    Basic Account Holder trinity1 Novitiate

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    Default Re: Won't reply? WASTETECH

    Quote Originally Posted by robert_harper_2000 View Post
    Well now they are also charging a 15 adminicon for filling a form which they require. This is a joke!
    ?
    Yeh I've just had the form sent to me this week, 15 is a complete joke.

    I also asked to terminate their services, they said it would take 3 months?? This doesnt sound right, how can it take 3 months to cancel something?!?!?


  17. #17
    Basic Account Holder trinity1 Novitiate

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    Default Re: Won't reply? WASTETECH

    Thanks for the reply becka but honestly this waste company is extremely difficult to deal with.
    I'm not an angry person, but when a company starts lying to me, I like many people get annoyed.
    I do understand the concept of addtional lifts, but not when my bin has always shut properly without havign to force rubbish into it.

    Anyway I'm done with this phswastetech, just have to spend another 3 months whilst they keeping ripping me off before I'm free


  18. #18
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    The contract says three months notice from when the contract ends. It doesn't mention anything about adminicon for forms, why can they charge you 15 for a three question multiple choice questionnaire ? Surely we are entitle to charge something?

    Thanks ?Becka reassuring that other companies charge this but 122 a year after previously being charged 85 when other companies are free does seem OTT

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  19. #19
    Basic Account Holder robert_harper_2000 Novitiate

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    Default Re: Won't reply? WASTETECH

    BUMP

    Can they charge a adminicon ??

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  20. #20
    Basic Account Holder mycool Novitiate

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    Default Re: Won't reply? WASTETECH

    I'm with PHS Wastetech and have been for years now; I can't say that I have experienced any of the issues being discussed. When I first changed to them they saved me almost 1,000 a year (I had a red bin before). Prices have risen a bit since then but can anyone tell me what prices havent gone up?!

    I'm sorry that you have had a poor experience, I'd recommend PHS Wastetech to anyone though. They have not missed a single one of my collections EVER.



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