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

Marktheshark

If they are using a solicitor then it will cost them far more than they are claiming.
I would file a defence and let them throw money away paying the solicitor for the day.

AnotherJoe

Marktheshark wrote: »

If they are using a solicitor then it will cost them far more than they are claiming.
I would file a defence and let them throw money away paying the solicitor for the day.

They arent using a solicitor, they are using what is collqually known as "small claims court". BUt if theyw ere, since the odds they will win seem pretty much nailed on, the seller would end up paying costs as well.

And what would your "defence" be LOL? That you think its OK to leave junk round someone else's house?

Davesnave

Alice_Walker wrote: »

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.

I don't believe a skip was the only option.

'Man With Van' will be accommodated at any waste facility taking commercial waste. The cost at my local facility is a minimum of £100, which would have easily covered the items here and much more besides.

I know skips are expensive where I live, as it's rural, and that would be a minimum of £250, so £220 looks about right if it's urban.

I can't see where the £220 for labour would arise if a skip was used. Unskilled labour rates where I am never exceed £20/hr and are typically around £16/hr.

TBagpuss

Alice_Walker wrote: »

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.

I know it is regulated. Local to me, there are several commercial services which will collect smaller amounts - I don't know whether they store it on their own premises until they have a skip-full but the service they offer to the public is that you get a couple of blokes in a van!
It's more expensive than paying for the council to collect large items but you don't have to be able to get the stuff to the kerb (and all legit - I checked that before booking with them!) Maybe it's a strictly local phenomenon!

Davesnave

davidmcn wrote: »

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?

The "I have a friend....." syndrome.

sam3103

I am in the process of selling and it has been made clear on the paperwork that I have signed that it is my responsibility to remove everything from the house and if I do leave anything behind I could be liable to pay costs for the removal of it.

I don't know about the CCJ side of things but if the same information was given to your friend and he signed to agree to it then I don't see that he can complain really.

matttye

See Cumberland Consolidated Holdings Limited -v- Ireland [1946]: http://swarb.co.uk/cumberland-consolidated-holdings-limited-v-ireland-ca-1946/

A vendor of a warehouse left in the cellars of a warehouse rubbish including bags of hardened cement which would be difficult to remove, and which affected the value of the property and precluded the proper use of the cellar. The buyer complained that he had not been given vacant possession as agreed under the contract.
Held: He had not been given vacant possession. Lord Greene MR said: ‘But it appears to us that what he bargains for is not merely the right in law, but the power in fact to exercise the right. When we speak of a physical impediment we do not mean that any physical impediment will do. It must be an impediment which substantially prevents or interferes with the enjoyment of the right of possession of a substantial part of the property.’

So, whether he is liable probably depends on how much of an interference the remaining waste caused; unless there was a specific term in the contract which he has breached by leaving it there (in which case he is liable no matter what).

As always with these types of questions, seek legal advice or just pay it.

Vectis

All I'll say is that there are some complete numpties around and 'your friend' seems to be one of them.

Why would you even come on a forum and ask such daft questions?

Of course 'your friend' should have cleared his own rubbish. Of course, if he didn't leave the house empty, the vendor would likely charge to have the rubbish removed. Of course he had the time to clear it, selling a house doesn't happen overnight.

No, the vendor isn't trying to claw some money back after the sale. She's probably just really p*ssed off with you, sorry 'your friend'. As you couldn't be bothered to clear up your own mess you'll have to pay for it to be done. Sorry, I meant 'your friend' will have to pay.

davidmcn

Davesnave wrote: »

The "I have a friend....." syndrome.

Luckily we're only expected to be "especially nice" to other forum members, and can say what we like about their colleagues/friends/family...

chopsmcgee

Boy that escalated quickly! :-D :-D :-D :-D