Can't get skip removed - help!

danielfulshaw

I had a contract with our builder for 3 skips. He ordered them and we paid him for the skips as part of our gneral building work. Now he has gone off, won't pick up the phone and the skip company are claiming that he hasn't paid them. After 5 weeks they still won't remove the skip. What do i do? I think it's best to sue the builder for breach of contract through the small claims court..

smcaul

As the builder ordered them then the contract is between him and the skip company. Give the skip hire company another call and tell them to remove the skips from your property including the waste in them, if they refuse let them know you will be contacting the Environment Agency (they issue the "waste carriers licence" to the skip company) and will report them for fly tipping. And watch as the skips disappear.

ormus

send the builder a letter stating the parking charge for the skips is now 10 quid per day.
from todays date.
tell him you will take action to recover any parking moneys due, via the small claims court.

macman

That's a pointless procedure if you can't contact him anyway. You may get a judgment against him via the SCP, but if he's done a runner you won't see any money.

danielfulshaw

Thanks guys. Like the idea of contacting the EA! Well the contract we had is not with a Ltd co but with him, signed by the guy and we know weher he lives! Damn stupid skip company won't dump it on his drive though..

macman

You said he had 'gone off'? Then start with a letter sent recorded delivery telling him what you want doing and giving him 14 days. otherwise you will commence an action under the SCP.

Colour_Republic

Start charging the skip company rent

ormus

from the OP, the contract is with the builder not the skip company.

st999

Stick a sign on it, FOR SALE £10 buyer to uplift.

Stan

bobhawke

Are the skips on your land or on the road? If it is on the public highway the skip company should have a permit for putting it there. If they haven't obtained one then it is there illegally and If you bring that up then they will have the skip shifted before you hang the phone up.
If they have a permit then it could still be illegal if it doesn't have at least 4 cones to guide traffic around it, flashing amber lamps are supposed to be placed on each corner of the skip at night and in poor visibility and a lamp should be between each cone.

There are a bunch of other regulations, you should read through them and see if any apply.
Google Highways Act - 1980 - Section 139 Regulations relating to the deposition of a builder's skip on a highway

brightontraveller

Although the skips are there’s the rubbish in them is yours..? If as they say they have not been paid then they may have no obligation to remove your rubbish but do to remove there skips…There contract is with the builder if he has not paid then he may be in breach so the contract is void. Small claims action against the builder at registered office/address that was given on estimate/invoices if the courts decide in your favour then they would decide whom is responsible for removal of skips, They may also decide as the skip company contract was with the builder that they may have to remove the skips and the rubbish and they must then pursue the builder for any outstanding amount.