Taking action against Local Council?

La_Tristesse_Durera

Hi Guys,

Bit of a question here. I moved to a new area recently where everyone leaves their rubbish bins outside on a Friday morning for the refuse men to empty. Sounds pretty normal yeah?

Well, the bin I bought 'wasn't compliant' with local rules, basically we bought a green bin and we should have used a black one supplied by the council! I know this is trivial but my bin was the same as the issued ones apart from the colour.

So for this you'd expect them to take it anyway, or at least tell us to get a new bin, we were completely unnaware. I called the council and they said it had been taken away and crushed!!!!!! I know it's only £40 odd, but it's my £40 odd, they also want to charge around the same price for a new one.

Obviously I'm fuming at what's happened, and as I had a few grumbles about other issues in my area I wrote a two page letter which concluded in them giving us a new bin, and recycling boxes (as an apology by them, and for us to help the world). I said that if I don't hear anything within seven days I'll take action against them re my bin.

It's been 10 days now and I haven't heard a thing. Again I know it seems small and trivial, but I'm not paying £80 for two bins when I've done nothing wrong!! It's shocking that they haven't replied to me, but if I miss a council tax payment they send a letter out right away.

Does anyone have any suggestions for me to claim the money back??

Thanks

**purpleprincess**

I don't advise with-holding council tax payments. The bins they've given you now, have you had to pay for those?

file_wizzard

Firstly, withholding council tax is not a wise option and will just lead to more problems rather than resolving the current ones.

If you have incurred a loss as a result of the councils( or a contractor working under their instructions) actions I would suggest sending a formal request for payment, if they fail to respond or do not responded constructively within 14 days then I would suggest you write them a second letter informing them that unless you are reimbursed for the item of your property which they have unlawful removed ( and technically stolen) then you shall instigate further legal action to recompense your self for the cost of the item removed and your reasonable costs in corresponding in the matter,

If they still fail to reimburse you after this I would be very tempted to enter a money claim at your local county court for the cost of the bin, I am sure that this will focus their minds!

La_Tristesse_Durera

Sorry, I made that really unclear... I'm still paying my council tax, I meant if I miss a payment (which occaisionally I've been late), then they get hold of me.

I think I'll see what's awaiting me when I get home this afternoon then go for it - thanks

james32_uk

These council guys are getting too big for their boots. We pay to have our rubbish collected and yet we have to do what suits them! B@stards!

*Rant over*

ZTD

file_wizzard wrote:

If they still fail to reimburse you after this I would be very tempted to enter a money claim at your local county court for the cost of the bin, I am sure that this will focus their minds!

Be also sure to has as part of your claim "loss of utility". You obviously haven't been able to use it, and so they need to pay for that loss as well as the physical loss of the bin.

And interest.

And time. Keep a record of your phone calls. Time and duration. Keep a record of how long it takes you to write a letter.

If your council has various quality awards, investigate them. Some of them require answers to all correspondance. If your council has these, ask them (via a registered letter) under which law/articles they deprived you of your private property. They won't answer you of course, until you complain to the award coordinators and provide the proof of delivery.

Ain't I a stinker?

Wonder_Girl

Do you have a recycling collection service in your area?

The reason I ask is that we have 1 black bin for household waste and 1 green bin for recyclables. Two separate bin collection lorries do the round and each will only empty bins of their allocated colour. Could this be causing the confusion?

Obviously I’m not saying it’s your fault, you are paying for a service which is not being provided and I completely agree that you should be taking the matter further.

Good luck

WG x

La_Tristesse_Durera

Ah, home from work now

No the recycling boxes are small little black things, we had that thought too, yknow like maybe we'd done something daft ourselves. But nope, they're just being pathetic.

Got home and still no letter from them.

Nobs. I'm gonna call them... I'll let you know how I do - cheers everyone :beer:

hjb123

How come you had to buy a bin - would the council not supply you with one? The bins we have we didnt have to pay for - all included in the council tax I think.

In our area we have a grey wheelie bin for normal sort of domestic waste and a green wheelie bin for garden waste. We also have 2 small green tubs for recyclable waste.

MrsTinks

ahhh bins and councils my current favourite battle

We live in Cherwell District Council and we get our beins emptied.... every 2 weeks!!! and guess how close to my front door the dins are? Yup right next to it as in I usually end up resting my bags on them when fiddling with keys etc. In this heat they absolutely stink! everytime they are emptied we hose the insides out, bleach them and once dry we sprinkle baking soda in the bottom... but 2 weeks later it's back to square one ARGH! Makes me heave just having to put anything in the bin! Or maybe it was the maggots I found crawling round the lid the other week that's doing that...

I would say that technically they have removed your property without prior warning and permission therefor it amounts to theft. If they refuse to pay up then maybe it would be interesting to contact the local papers to see if they would be interested in printing the story? Failing that small claims court

james32_uk

No wonder people dont pay their council tax. Would the British public put up with this service from anyone else? I bloody doubt it! I'd be tempted to put it in whatever bloody coloured bin I liked. Then if they refused to take the rubbish I'd refuse to pay council tax.

Trouble is, as satifying as it would be I'd end up in prison which just adds to the injustice!