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CCJ for Waste Removal after house sale?????

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Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Seems fair to me. What sort of low life leaves a bed and bags of rubbish in the garden?
  • chopsmcgee
    chopsmcgee Posts: 11 Forumite
    I think there was a discussion during negotiation with regard to house price etc, so I think they are trying to claw something back.

    I think they can make a counter claim -

    To me, £90 for skip hire, I dont see how they can charge for their own time or interest???? Especially £0.08p per day!
  • chopsmcgee
    chopsmcgee Posts: 11 Forumite
    I think we are getting side tracked here, but I believe the bed was in the house. As was the rubbish bag (sealed).

    The fence panels were in the Garden, but were in a usable state, they just werent in part of the fence.

    The question is not the ins and outs of the rubbish / waste / items. It is whether he is liable to pay.
  • Dan-Dan
    Dan-Dan Posts: 5,279 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Vacant possession means just that....
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    stator wrote: »
    Put in a counter claim if they disposed of his property without permission. Then offer to mutually drop the claims.

    Not after 10 days notice to collect.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    chopsmcgee wrote: »
    I think there was a discussion during negotiation with regard to house price etc, so I think they are trying to claw something back.

    I think they can make a counter claim -

    To me, £90 for skip hire, I dont see how they can charge for their own time or interest???? Especially £0.08p per day!



    So they should do it for free??


    'Your friend' had 10 days to collect it with no cost. Now it's escalated.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    chopsmcgee wrote: »
    I think we are getting side tracked here, but I believe the bed was in the house. As was the rubbish bag (sealed).

    The fence panels were in the Garden, but were in a usable state, they just werent in part of the fence.

    The question is not the ins and outs of the rubbish / waste / items. It is whether he is liable to pay.



    Well if he doesn't, the buyer will go to court (add on fees) and then get an order, and then bailiffs if necessary.
  • Alice_Walker
    Alice_Walker Posts: 574 Forumite
    AnotherJoe wrote: »
    Seems fair to me. What sort of low life leaves a bed and bags of rubbish in the garden?

    What does your "colleague" say about this? How did [STRIKE]you[/STRIKE] he ever think it was acceptable to leave these things in the first place?
  • lewishardwick
    lewishardwick Posts: 679 Forumite
    chopsmcgee wrote: »
    Greetings!

    <snip>
    The solicitor informed my colleague that he would need to clear the items, which he agreed to do but at present did not have time. Now, some 10 days (ish) later, he has been hit with a CCJ for around £450, which was to cover the costs of;

    - Skip hire £230
    - Labour costs £220.

    Personally I cannot believe that this is even happening, it seems absolutely rediculous. But, it seems he has to pay?
    <snip>

    I do wonder if the buyers were ever told he "didn't have the time".

    10 days to receive a small claims court notice would suggest they've been a bit keen, but nonetheless, well within their rights. Perhaps he should have set a date, or just not left rubbish behind.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    chopsmcgee wrote: »
    I think we are getting side tracked here, but I believe the bed was in the house. As was the rubbish bag (sealed).

    The fence panels were in the Garden, but were in a usable state, they just werent in part of the fence.

    The question is not the ins and outs of the rubbish / waste / items. It is whether he is liable to pay.

    I think the question is in the ins and outs of rubbish, eg why did he think it was reasonable to leave them, to "get around to moving them" some weeks after he left the property, why does he think its OK for buyer to spend their own time and effort and money to remove, and if they spent their own money, why shouldn't they get interest on it? (that will be a court mandated interest rate BTW).

    (and FWIW so what if the panels were in a "useable state". On that basis any old junk could be left as long as it was useable "yes mlud there may have been a chest freezer full of cod heads in the garden, but the freezer was working and a perfectly fine bouillabaisse could have been made from the cod heads, the recipe was written on the bed.")
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