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

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Comments

  • KRB2725
    KRB2725 Posts: 685 Forumite
    Part of the Furniture
    The cost of the skip hire seems about right, but the labour charge seems high if it just meant moving said items into skip. If that's all the rubbish that there was then I wouldn't have hired a skip to dispose - I would have arranged council collection for the bed, put the rubbish bags in the rubbish collection and broken the fence panels down and taken them to the dump. I wonder if your colleague is being economical with the amount of rubbish that was actually left behind.

    However, if your colleague had fulfilled his end of the contract and left vacant possession then he wouldn't be in this situation - I'd tell him to pay up.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    chopsmcgee wrote: »
    The question is not the ins and outs of the rubbish / waste / items. It is whether he is liable to pay.
    Of course he is. He left his rubbish behind, what did he expect to happen? Did he think they would be happy to deal with his crap themselves?
  • EmmyLou30
    EmmyLou30 Posts: 599 Forumite
    Tenth Anniversary 500 Posts
    To be honest, fair play to the new owner of your mates house. They certainly aren't messing about! The rest of us just grumble and clear the crap out of a new house ourselves with multiple trips to the tip and expense/hassle/time wasted and we just put up with it, even though legally we shouldn't have to. Very few of us stand up and say actually no, you're going to come back here and clear it or else I'll take you to court.
    I would have preferred not to empty a loft, two sheds and a garage of pee soaked carpet, old loo seats, broken furniture and rusty items when I moved in but I didn't go after the old owner. But if I had, like your mate, he'd have been liable for the cost of the skip hire and clearance. Maybe the new owners aren't physically able to move items to the skip so the labour cost is paying a man to do it for them in addition to the skip hire?
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would be open to him to respond admitting part of the claim - he would need to be able to back it up - if there was truly only a bed, 2 fence panels and one bag of rubbish then he might be able to argue that the costs were too high, and the a man with a van to remove eveything to the local tip would have cost less.

    are they saying that they are charging for their own labour? I know that if it had been me, I would probably have had to pay someone to get the stuff disposed off as I could not physically have got a bed out by myself, and unless the fence panels were very rotten would not have been able to deal with those either.

    interest is charageable on court debts at 8% p.a, which on the figures you've given works out at £0.098 per day.

    There is normally a condition in the cotnract that the property is delivered up vaceant and that any rubbish etc is disposed of before completion, so the buyers are perfectly within their rights.

    If, when telling them he had no tim, your collegaue offered then a specifc date he *might* be able to argue that they have failed to mitigate, but for anything physically inside the house I don't think that it is reasnable to expect people to hang around at your convenience. If all of the junk had been in the garden then it *might* have been reasonable to ask them to give him 7-10 days.

    he should pay up and treat it as a lesson learned - next tim, make sure that he clear s the proeprty properly.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Alice_Walker
    Alice_Walker Posts: 574 Forumite
    TBagpuss wrote: »
    It would be open to him to respond admitting part of the claim - he would need to be able to back it up - if there was truly only a bed, 2 fence panels and one bag of rubbish then he might be able to argue that the costs were too high, and the a man with a van to remove eveything to the local tip would have cost less.

    In many areas tips will only take domestic waste, you'd need a commercial waste collection service, which often would be a skip. Waste collection is quite strictly regulated and the skip may well have been the cheapest option.
  • chopsmcgee wrote: »
    I dont see how they can charge for their own time or interest???? Especially £0.08p per day!

    Whyever not?

    They could be using their time to "get on with their Life" and not have to do work chasing up your colleague.

    Why should their time be wasted because of this colleague?
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    Even if they did not hire anyone to do the job. Should they lose a day of their time just because a moron did not want to lose a day of his?
  • emmatthews wrote: »
    The cost of the skip hire seems about right, but the labour charge seems high if it just meant moving said items into skip. If that's all the rubbish that there was then I wouldn't have hired a skip to dispose - I would have arranged council collection for the bed, put the rubbish bags in the rubbish collection and broken the fence panels down and taken them to the dump. I wonder if your colleague is being economical with the amount of rubbish that was actually left behind.

    However, if your colleague had fulfilled his end of the contract and left vacant possession then he wouldn't be in this situation - I'd tell him to pay up.

    The buyer may be someone that is unable to move a bed themselves to a suitable location for the Council to pick it up. They may also be someone unable to break down fence panels and may not have a car to take them to the dump if they did manage to get them broken down.

    I'm just picturing if I'd been left in the lurch with that rubbish around - one little woman with no car and my first thought would be as to it being physically impossible for me to shift any of that rubbish apart from the dustbin liners. People would have to be paid to do it for me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I suspect the OP wasn't expecting these answers and wont be back...
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Something I never understand about these threads where we get all the information second hand - if the OP's colleague is so concerned about this, why aren't they signing up and posting here themselves?
This discussion has been closed.
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