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Awoke to a letter from my housing association (Radian) today charging me £60 for dumping a sofa bed in a communal alley. I was a little surprised as ive not ever owned a sofa bed at this property. I gave them a ring but the person who deals with it was not available and is going to ring me back. All i could find out was that someone had apparently seen me do it.

 

I was looking for advice on what i can do about it. Can they throw charges at people like this with such flimsy information? is it enforceable? i asked for the persons details but they wouldn't give me them, isnt evidence supposed to be public? I use this alley nearly daily and haven't seen a sofa bed out there anytime in recent months which worries me even more, if this incident has been reported as happening a very long time ago haven't they made it very hard for me to defend against?

 

Many thanks for any input.

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Hi Gordy

 

So someone told them it was you and the HA investigation consisted of send you a letter charging you for I assume removal costs.

 

I would not accept this as no proper investigation has taken place because if it had you would have been fully aware of this before the letter arrived.

 

I would put in writing (do not phone unless you can record the call) that you deny there charge of £60 and require full clarification from start till finish what investigation has taken place and under what policy this charge is and that you require copies of the following documents:

 

1. Anti-Social Behaviour and Harsaament Policy

2. Complaints and Comments Policy

3. Customer Service Policy

4. Estate Management Policy

5. Rechargeable Works Policy

6. Complaints Policy

 

Its the Rechargeable Works policy IMO they are using in this case but get them to clarify it as I said.

 

Most can be download from there website but still ask for them in writing: https://www.radian.co.uk/abouts/policies-and-leaflet/radian-policies

Edited by stu007
  • Haha 1

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The biggest tip I will give you and this applies to any Housing Association with any issue you have with them.

 

1. Use there own Policies against them ask for copies of these in writing. (when you read through them just think to yourself "Did they do that" and if not highlight it and refer to it in your complaint)

 

2. If you have made a complaint they should use the Polices that were in force at that time even if the polices during the complaint are updated its the policy that was in force at the time of your complaint that should be use. (so simply check the Policy for when it was Approved & its next review date)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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I suggest the £60 is a Council standard re-charge for 'fly tipping' based on info received.

In the alley it would be a safety hazard for other users eg Fire & Amb services.

Councils charge for collecting bulky items from property which may be £60 per item.

Expect and report any incidents of fly-tipping. Keep your eyes open, it is unlikely to be the only incident, possibly a neighbour.

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I suggest the £60 is a Council standard re-charge for 'fly tipping' based on info received.

In the alley it would be a safety hazard for other users eg Fire & Amb services.

Councils charge for collecting bulky items from property which may be £60 per item.

Expect and report any incidents of fly-tipping. Keep your eyes open, it is unlikely to be the only incident, possibly a neighbour.

 

The charge was referred to as a recharge so i read the recharge policy and its for all sorts of things and the minimum charge was £60.

 

Great advice on the policies btw i never knew these were available before! This knowledge would have been a godsend a few years back when i had a lot of trouble with an upstairs neighbour which escalated to a very near disemboweling with a kitchen knife to myself at one point. Having a quick look through their antisocial behaviour policy suggests they were massively negligent.

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I didn't get a call back in three days which is unusual so fired off an email today requesting the recommended information. I don't suppose there is anyway of forcing out of them details on who made the allegation?

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I didn't get a call back in three days which is unusual so fired off an email today requesting the recommended information. I don't suppose there is anyway of forcing out of them details on who made the allegation?

 

Not sure if housing associations are covered by freedom of information law but even if they are they would probably say that an exemption applies relating to criminal investigations (as fly tipping is a crime). Whether that would be justified I don't know but expect a long struggle which might ultimately be unsuccessful.

 

These types of allegations are often made anonymously anyway.

 

Ask if it was anonymous. If it was that points to even more inadequate investigation.

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As you haven't dumped any sofas, just tell them to use their non existent evidence and the fabricated witness statement to take you to court.

They're just exploring a new avenue to squeeze money out of people.

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  • 4 weeks later...

Hi Gordy

 

Thought I would pop in to see how this is progressing, any update?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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