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What are my rights if a contractor does not meet their obligations

I had an annual contract with a company who provided a wheelie bin and collected our waste every 2 weeks.  Because they missed a number of collection dates as well as other reasons, I did not renew the contract. It ended at the end of August although we did not get any collections after mid-August, therefore short-changing us again. They said the bin would be picked up within 30 days (i.e by end of September).  I am still waiting and despite a number of calls and emails from me and a promise to complain to the main contractor (they are a sub contractor) to date it remains on my property. I issued them with a storage invoice and I am about to send another but in a call to them today they said there is no way they will pay these.  Why can they use my property as free storage for a bin for 4-5 months without recourse?  Do I have any rights?  Thanks,

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In short, no.  Unless you can show a material loss as a result.  What has having their bin on your property cost you?
  • Ectophile
    Ectophile Posts: 8,436 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 19 January 2021 at 5:21PM
    You have the rights of an"involuntary bailee". And those rights aren't great. You can't charge them storage unless they have agreed to it - you can't impose contracts on other people without their agreement.
    There is a legal process for disposing of abandoned goods, but you have to follow it correctly, or be liable for the cost of the bin. https://www.legislation.gov.uk/ukpga/1977/32/schedule/1
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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