hi guys this is my first post. I appoligise if I accidently break rules.

Background

I been using a waste disposal broker for my sandwich bar. All was going well until I received an over loading invoice which had 2 dates that i had apparently over loaded. Charge amount 69.05

10/01/2018 overload by 25kg = £5.25+vat was using 660ltre bin allowance 42kg

31/01/2018 overloaded by 249kg = £52.29+vat was using 1100ltre bin allowance 70kg

Total = £69.05

between these 2 dates I had actually received a larger bin so when the collection happened on the 10/01/2018 i was using a 660 litre bin which had a 42kg allowance then on the 31/01/2018 I was using a larger bin which is a 1100litre bin which has an allowance of 70kg

Grounds for dispute

My dispute is if I only went over by 25kg on a 42kg allowance how have i gone over by a Wapping 249kg on a larger bin which has a 70kg allowance. Also that is a lot of weight to put in a 1100 litre bin please my own rubbish there’s clearly a mistake

when i raised this issue with the broker all they kept telling me is they have tracking records from the bin collection. However that’s not what I’m disputing (if that not what they had on their records then they wouldn’t be charging me in the first place). I’m disputing the legitimacy of the charge IE did they register the correct bin when they did the lift, I know they collect multiple bins from the same location maybe they lifting another bin by mistake. How do I know they didn’t receive a back hander from someone to throw there bins away and decided to place it in mine

Now they have basically refused to credit the charge although I have had one of their own member of staff admit the figures do look off. I feel there just trying to bully this amount out of me.

As brokers the waste company they are contracting to collect the waste are the ones provide them with the collection/lift info. I feel they can’t be bothered to investigate with the waste company what’s gone wrong

Actions taken

I am still using them to collect my waste as I am contracted to them till April 2019 and pay my waste invoice but u haven’t paid the over charge.

So I have received a letter stating

1. they now will add a charge of between £40 to £60 to the charge ( haven’t actually stated amount)

2. the next course of action is to commence county court proceeding to recover debt and will result in added interest and fees

I know in my gut there just trying to bully me into just shutting up and paying.

Can anyone advise what action I should take?

Thank you

Lots of questions.

1. Do you accept that you were overweight on the smaller bin?

2. What kind of rubbish to you typically put in these bins, and do you remember if there was anything unusually heavy thrown away on these occasions?

3. How often are your collections?

4. Where are your bins kept between collection dates i.e. are they secure?

5. How long (minutes/hours/days) between putting the bins out and the actual collection taking place?

6. Do you know how your bins are weighed (presumably it is a weighing system incorporated into the bin lift on the bin lorry)?

7. What kind of businesses are around you and do you know what bins they use (same company?) and what kind of waste they're chucking?

However, having said all of that, the charge is about £55.00. The likelihood of them issuing Court Proceedings for £55.00 is slim. If you were to file a defence to the claim it would certainly render it uneconomic to pursue.

Therefore I'd be tempted to just stand your ground on this.

Or if you accept you may have been overweight by some degree then make an offer.

Thread moved to a more appropriate forum....please continue to post here to your thread.

Regards

Andy

Are you saying that you are only allowed to load the bins with 42kg & 70kg repectively. Having a look at some quotes the payload of a 660L as 275kg & 1100L as 440kg. It sounds as if they are being very economical with the weight allowed. I am always sceptical about so called "business brokers" as usually they only look after themselves and not the Client especially as you can do the majority yourself and for free. I think we should have a look at the contract you have.

thank you for your responses guys

here are the answers to super villians questions

1. Do you accept that you were overweight on the smaller bin?

The smaller bin could of maybe gone over by 25 kg as its not i large weight and maybe that week there could have been extra weight i did notice it was full to the max which is way i order a larger bin.

2. What kind of rubbish to you typically put in these bins, and do you remember if there was anything unusually heavy thrown away on these occasions?

It general sandwhich bar waste micture of food waste and supplier packaging etc

3. How often are your collections?

Once a week

4. Where are your bins kept between collection dates i.e. are they secure?

bins are keep behind my shop in a alleyway with a locked gate plus the bin itself is locked

5. How long (minutes/hours/days) between putting the bins out and the actual collection taking place?

bins are put out daily colloction is once a week on a wednesaday

6. Do you know how your bins are weighed (presumably it is a weighing system incorporated into the bin lift on the bin lorry)?

its a weighing system incorparated into lorry

7. What kind of businesses are around you and do you know what bins they use (same company?) and what kind of waste they're chucking?

There are food businesses/ restaurants and a very large leasuire center the same company that collects my waste also collects theres on the same day

Ploddertom-yes on the colletion when i had 660ltr bin i was only allowed 42kg and when i had the 1100ltr bin it was only 70kg

im thinking of just emailing them back one more time stating my arguement and basically letting them know im willing to pay for first charge but not the second as i feel its a mistake.

does anyone have any advice on how i should word the email.????

i am also willing to still work with them but i dont think i want to pay any further invoices untill i get the one cancelled as i think they will just take any payment i make towards this overcharge.

 

 

Ploddertom-yes on the colletion when i had 660ltr bin i was only allowed 42kg and when i had the 1100ltr bin it was only 70kg

 

 

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On that basis it seems you are only allowed to just cover the base of the bin, I'm allowed to put more in my wheelie bin at home. Personally I think you have been had as the service you have is not fit for your business. Do you pay by the lift or a set amount each week/month. You need to look closer at your contract.

ploddertom - charged per lift which is a set amount. the allowance is low i did look at other coomercial waste collectors they where all roughly the same (unless i missed something) residential waste has more allowance which is ridiculious.

Despite we still manage to stay with in the weight limit i tend to descard anything heavy myself. Saying we went over by 249kg clearly an error.

proberbly just trying to squeeze some more money out of me. im wondering if this is a common tactic with these company as i would imagine alot of businesses woudnt bother about £55 and just pay. Why should i allow them into scaring me to pay a unjust charge. when i rasied the issue they would even answer any of my point just keep repeating we have the tracking data when i asked can you please send data they sent me a sceen shot off something like a map.??????? what the hell was that supposed to show me, LOL

Who actually does the disposal? Biffa and Veolia normally charge for a lift as long as it bin isnt overloaded rather tha by weight. many of the bins have RF chips to identify them when they are lifted and weighed by the lorry so you could start off by asking about the RFID of the bn and who normally has that bin as you dispute the charge.

I also wonder why you are using a broker unless they are actually making youa saving by disposal by weight rather than per lift. You can have fortnightly lifts unless you have a lot of problems with putrescibles.

However, as you are a business once yoi ahve signed up to these third party bandits it is very difficult to get out of your contract even if it as crooked as hell.

Ericsbrother - thank for the advice, actually the brooker seemed to be cheaper. Its biffa who actually lift the bins i will actually ask about the RFID.

I would guess they would be cheaper given the small allowance you have for putting waste in it.

So should i just Stand my ground and what do you think chances are of this going to magistrates court as they keep threatening. baring in mind im still paying for there service so they are making money from me.

Yes, bit Biffa will lift fortnightly if you dont warrant a weekly collection. For some types of waste they will lift on request as long as it is a minimum number of collections a year.

Ericsbrother - thank for the advice, actually the brooker seemed to be cheaper. Its biffa who actually lift the bins i will actually ask about the RFID.

 

So should i just Stand my ground and what do you think chances are of this going to magistrates court as they keep threatening. baring in mind im still paying for there service so they are making money from me.

 

 

Whether you decide to pay or not is your decision. It will not be Magistrates Court should they decide to go ahead if you decide not to pay - it will be a claim in the County Court.

speak to Biffa about getting a new contract and then see waht you need to do to get out of this one regarding notice period etc.

you have to start being proactive if you want to resolve this, telling the brokers you are off may well make them change their tune

quick update guys

wrote them letter stating i will be filing a defence if they decided to take it further also stated what grounds im filing defence on.

now they have "AS A GOOD WILL GESTURE:roll:" credited me back the charges.

so good result. thank you for all the advice guys.

Well done ...thread title amended.

Andy