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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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modo82

Issue with waste disposal broker overcharge***Refunded***

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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

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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.

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

 

Regards

 

Andy


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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.


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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

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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.

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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.


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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

Edited by modo82
missed somthing out

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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.

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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.

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


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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.

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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.

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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.


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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

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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.

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