Can I leave a contract if I am dissatisfied with the service?

gabrielek

I have a catering business and we originally signed a contract with one company face to face with an advisor and she had told us that there would be no weight limit even though it stated a weight limit on the contract (their vans didn’t weigh the bins) and everything was fine with them. However, their company was bought by a different company and our contract was transferred to them until may next year and since then they do weigh our bins which is fine however they keep increasing the price (originally we were paying £12 per bin and now it’s increased to £25 per bin) without notifying us and their excuse is that our bins weigh too much however our waste amount hasn’t changed and the waste bins have always had the lid on where it isn’t toppling over, if anything there’s less waste because there are less consumers in the winter for our business. There’s no way for me to weigh the bins myself or know if what they’re telling me is right. Because they put the price up without notifying, our direct debit ended up being not taken out because I transferred the amount the usually take out into the account as I wasn’t aware of the change in price, having rang up by phone to pay for it instead I wasn’t told that I needed to fill out a new direct debit form and wasn’t sent one to fill in, just an invoice that i had paid. So therefore our bins hadn’t been emptied for 2 weeks in a row now. Having rang them to ask why my bins haven’t been emptied even though I have paid, after being transferred about 5 times I was told ‘I don’t know why you weren’t told, I didn’t speak to you’. Their service and customer service is just overall horrible and not one person has any real answers or genuine solutions. Having spoke to the manager she was giving me hypothetical solutions however having asked her if that would lower the price i’m paying I was told by her that it would be about the same so no help there whatsoever. The business next door to us uses the same company and having complained they lowered the price for him to £14 per bin whereas they haven’t offered us anything, baring in mind their bins are always toppling over and ours always have the lid shut (I have video proof). They seem to be treating us differently which is frustrating. I want to know if there’s a way of not using their service without being sent a bill for the remainder of the contract? 

tripled

gabrielek said:

I have a catering business ...

It is a business to business contract and so consumer rights do not apply (you have posted in the consumer rights forum). You can be charged whatever your contract says, unless you can prove something else was agreed. In short, if the contract allows them to surcharge you for bins that are over the weight limit, then they can do so. It doesn't matter if they let you off in the past or if your neighbour pays something different.

Is there a mod who can move this to the small business forum? You might get more relevant advice there.

user1977

You've posted in the consumer rights section, but you're not a consumer so you don't have any sort of consumer protections.

There are no general legal principles that they need to have non-horrible customer service, provide you with answers or solutions, or treat you the same as their other customers.

Don't think we can advise you about your contract without seeing it really.

gabrielek

I couldn’t find a section that would relate to my situation.

gabrielek

This is the only photo i have on me at the moment but it’s the original contract signed with the company that was bought.

gabrielek

Can this post be transferred where more relevant? I couldn’t find a section that would relate more to this topic from the ones available.

DullGreyGuy

Presumably the back has the rest of the T&Cs? Or was there a separate part B etc?

user1977

gabrielek said:

Can this post be transferred where more relevant? I couldn’t find a section that would relate more to this topic from the ones available.

This website is really aimed at consumers rather than helping businesses with their legal problems.

gabrielek

user1977 said:

gabrielek said:

Can this post be transferred where more relevant? I couldn’t find a section that would relate more to this topic from the ones available.

This website is really aimed at consumers rather than helping businesses with their legal problems.

a previous commentator wrote that there is a small business forum. That is why I asked. I assume that on this website people are free to comment if they wish and free to not comment if they don’t want to advise. Have a good day. 

MSE_ForumTeam5

We've moved this thread to the 'Small biz MoneySaving' board.

tripled

Looking at that you agreed a rate for up to 70kgs per lift, with a surcharge of 15p/kg for anything over. Based on your numbers, they seem to be claiming your bins are around 80kgs overweight (80 x 15p = £12).

Have they given you a breakdown of the weight of the bin at each lift? And are you sure no-one else is chucking rubbish in your bin shortly before collection?

It's a faff, but you might need to weigh your waste before putting it in the bin for a few weeks, so you can get a good idea of how much should be in there, and then you will be able check it against what they are charging you.