Wastetech PHS - are you with this company?

[SouthernBusiness]

Basically don't be!

Typical Bill Wastetech £356 (£121 charge for Waste note)
Typical Bill Teamwaste £160 (no charge for Waste transfer notes)

Same pickups same size bins

I covered it elsewhere in more details I'll paste it here
arghh that site is down at the moment I'll copy it later.

Is anyone with these cowboys? They were in my local paper for their massive price increases.

[SouthernBusiness]

What they do is stick you in with 12 month contract - contract allows price increases. Then every 3 months MASSIVE price increases. When I threatened to leave they wait to the last month then offered to drop my rates by about 75% !!! (which don't be tempted, they WILL wack it up once your back in the contract).

[thehunnipot]

Basically don't be!

Typical Bill Wastetech £356 (£121 charge for Waste note)
Typical Bill Teamwaste £160 (no charge for Waste transfer notes)

Same pickups same size bins

I covered it elsewhere in more details I'll paste it here
arghh that site is down at the moment I'll copy it later.

Is anyone with these cowboys? They were in my local paper for their massive price increases.

Join our forum at www.yourlocaltrades.co.uk (http://www.yourlocaltrades.co.uk) and tell us all about it and warn others.

[Small angel]

Basically don't be!

Typical Bill Wastetech £356 (£121 charge for Waste note)
Typical Bill Teamwaste £160 (no charge for Waste transfer notes)

Same pickups same size bins

I covered it elsewhere in more details I'll paste it here
arghh that site is down at the moment I'll copy it later.

Is anyone with these cowboys? They were in my local paper for their massive price increases.

Well infact I'm writing right now to complain about their ridiculous invoices and awful customer service (Not all the staff are rude but I've rang alot of times and the majority are).

Please save yourself alot of stress - DONT sign any contract with them. You read about them on moneysaving expert (sorry I dont have enough posts to input a url- you need to add the http:)

forums.moneysavingexpert.com/showthread.html?t=488208&highlight=wastetech

I've cancelled my contract with them and have a few months left but I'm still having problems with them.

They are total cowboys, seriously this company is a joke. Something really needs to be done.

[Dawg]

Update on these wastrels. We are trying to get rid of them, and have had this advice:

"Following our conversation today, please find some initial information with regards to Waste Tech below. However I’m currently contacting the FSB for a more recent update as this information is from November 2007. Therefore I would advise against doing anything until we contact you with the most recent update from Ken Stevens at FSB. In the meantime, I hope the information below is helpful.

November 07 Waste Tech update
From speaking with Trevor Freeman of the FSB, they have been investigating Waste Tech with the Environment Agency due to the manner in which they mange their contracts.

Apparently, whenever Waste Tech issue waste transfer notes, which are legal docs to be supplied when taking rubbish away, they ask you to sign them. However in the small print they then tie you back into contract which is 3 years long.

Legally you are not obliged to sign anything they give in regard to your waste transfer notes. Another issue is the amount they are charging businesses for the annual transfer note which really should be free as it is a legal obligation.

FSB advised to:

• give notice of intention to cancel your contract now even if it expires in a few years time
• don’t sign anything they give you or else you will be tied back into contract again, however much they threaten for a signature
• Examine your contract, apparently Waste tech can be trigger happy with court summons, but when it comes to it, they usually then back down. If you examine your contract and find incidences of “failure to perform” this is a remedy for getting out of your contract now and will stand up in court


If you are a member of the FSB then speak to the regional organizer, Ken Stevens 01323 482018, who will be able to advise you further

The FSB web site has a link to the waste tech issues, it isnt actually working right now, but should be soon, so have a read
http://www.fsb.org.uk/data/default.asp?id=79&loc=154

I would be surprised if the contract was enforceable, but would like Antonia's take on this, if possible.
Updates to follow, any other disgruntled people out there?

[Antonia @limeone.com]

It depends on the wording of the contract, if given on the door step and it allows a cooling off period where you notify them of a wish to withdraw but fail to do so you may find the contract is enforceable. Best advice is never to sign anything without reading the small print.

[FSB member]

Dont suffer on your own FSB brighton & Hove have helped over 60 members and others to get out of Wastetech 's unspeakably bad business practices and have done a deal with an ethical alternativeBasically don't be!

Typical Bill Wastetech £356 (£121 charge for Waste note)
Typical Bill Teamwaste £160 (no charge for Waste transfer notes)

Same pickups same size bins

I covered it elsewhere in more details I'll paste it here
arghh that site is down at the moment I'll copy it later.

Is anyone with these cowboys? They were in my local paper for their massive price increases.

[Small angel]

Well I really hope they bring the bad practices of this company into the open. I can't bear to see someone else go through the hassle I have had with this company.

As for the 3 year contract, I dont think I see this anywhere when signing the AWTN whcih states this. I assuming this is only a group of people who have been sent this?

When complaining about prices increases and their ridiculous admin charges, its worth noting beforehand that they will throw the following term from the contract:

Term 4.1:

'PHS Wastetech reserves the right to susequently increase the price and change the price structure of any item of service, notice of which will be given to the customer at the earliest reasonable opportunity after such change is affected'.'

They have done this when I complained about being charged a termination of contract admin fee of £15(in case your wondering, I did cancel my contract well before the end of the 3 months) and they're not backing down. :(

[SouthernBusiness]

My friend has just received a letter, saying he can't leave for another year as they didn't receive his cancellation in time. He sent it months ago but not by recorded delivery and hand wrote it as doesn't have a computer///.... has he any options?

[FSB member]

You have only to Google westetech to see what a shocking company they are, they charge for administration!! which all their competitors provide free as part of their service. They give you a really keen quote if you threaten to leave only to change it in a few months later. If you are an FSB member you can download a cancellation of contract letter from the FSB and include a cheque for what you think you owe them ' in full and final payment ' with the notice letter. The FSB have supported any of their members that have left them and so far and that's been the end of it.

[SouthernBusiness]

Really? As so far my friend has been told his cancellation notice won't be accepted as he didn't send it in time. He did but just without sending it recorded.... :(

The FSB did tell me about these jokers and luckily was near the end of our contract and got out. Join Teamwaste the difference in costs were Wastetech £356 pm plus a yearly transfer note at £121 plus increases every quarter, compared to Teamwaste £70pm.

Yes Thanks FSB!

[harmailsingh]

We joined PHS Wastetech in Aug 2006 as they were reasonably cheaper than many other companies providing similar service. We signed a contract for 12 months and not 36 months as their standard contract. prior to signing the contract I requested their sales manager for the London area to confirm via email that it would be a fixed price contract for the duration of the contract. Their sales manager confirmed this without any hesitation.
After about 2 months into the contract they started sending us the invoices much higher than the agreed price and at the same time their service was appalling, missing collections, charging for waste not collected, not answering calls at the depot and so on.......

To resolve this problem we decided to contact their customer services at Brighton only to learn that their staff are so rude as they are all trained like robots who are not willing to listen to your side of the problems but to point you to clauses in the contract. We repeatedly tried to tell them that we have a fixed price contract with them, they ignored this and kept telling us to refer to the clause where they are entitled to increase price and charge for extra waste if their driver say they have collected. At no stage they collected any extra waste yet they invoiced for this every time.

This problem dragged on for months without any success at which stage we wrote to terminate the contract giving them 1 months notice.
Unfortunately they would not accept out letter of cancellation as according to them it was not written according to the format demanded in their contract i.e 3 months notice prior to the anniversary date and it should be via fax and registered post. Even if you are a day short of the 3 months you have no choice but to roll over the contract to the next anniversary date depending on your length of the contract.

As we were unable to exchange dialog with their customer services and they were not willing to terminate the contract we had no alternative but to have our solicitors to communicate with them on our behalf. In July 2007 our solicitors wrote to them explaining the overcharges being made; requesting for the refund and contract to be canceled accordingly. Once again there was no reply to his letter and they continued their appalling service and overcharging on the invoices to the point when we suspended any further payments at which point they suspended their services but still kept sending invoices much over the agreed prices for service not provided.
Since they saw no payment forthcoming they are now pursuing this through the small claims court. We will fight them all the way as a matter of principal!!!!!

This is one of the worse company we have come across in our thirty years of trading!!!:mad:

[SouthernBusiness]

I couldn't find the letter off the FSB website. Could you add the link?

[jasonosborne]

I would be interested to know if anyone has actually been issued with a court summons / been taken to court by wastetech. If so, what was the outcome?

I would also be interested to know if anyone has had any conversations with trading standards or the office of unfair trading and what their position / advise has been.

My siuation is I ceased trading last October and gave them written notice of termination. They recovered their bin in October and I paid their invoices during the 3 months termination period (Nov, Dec, and Jan). Wastetech do not acknowledge this termination and still sent invoices. They also claim that the contract has been assigned to the new owner of the busininess and now he is recieving invoices for a service he does not receive.

Jason

[harmailsingh]

We were issued court summons at the beginning of this year, to which we issued a counterclaim and defended their claim rigorously. However being a small claims court, both parties were instructed to resolve this issue in a given time frame via Alternative Dispute Resolution. To cut the long story short, we had to involve their head office, whom I believe got the staff at PHS WASTETECH to come to their senses and the case was eventually droped.
I strongly recommend, if anybody out there is contemplating joinig this company..DON'T they are the biggest cowboy company I have ever come across...they are all for themselves and they don't give a sh...about their customers...you have been warned!!

[Lagoon]

We are trying to cancel our contract and having a nightmare. currently they won't cancel it as I don't know the renewal date of my contract , it is in the contract which I do not have a copy of so I have to pay £15 to get a copy.

Will be writing cancel anyhow as I doubt it will arrive and i suspect this will run and run. Some fun and hassle to be had.

Do not use PHS Wastetech there are better , cheaper and much friendlier alternatives.

[SouthernBusiness]

Send everything you have to say to them by recorded delivery, maybe join the FSB and they will help you cancel the contract.

Good luck

[Lagoon]

Thanks for advice - just written the letter and will send recorded delivery. Already members of FSB and will contact them if I get stuck. Quite amazing how many complaints there are online about PHS Wastetech.

[harmailsingh]

I suggest you write a formal complain to the PHS head office, I am sure they will take the appropriate action on your behalf.

I wish I knew a way of informing everyone thinking of joining them that they are the worst company ever when it comes to cutomer services. They are not business people they are blood suckers!!:mad:

[Lagoon]

If i have further problems I will. I agree we should be able to find better ways to warn people that this is company you should not being doing business with. I will be contacting FSB as many others have.

[tonygreenstein]

I wouldn't begin to describe the problems with Wastetech. Basically we signed an individual contract with them which we negotiated. Fair price and all that. But I struck out the various clauses such as the one giving them the right to unilaterally alter the prices (which makes a mockery of negotiating a price!).

But of course every month they added on extras and they buggered up the direct debit leading me eventually to cancel the thing as they can't be trusted to take just the amount due.

In December after refusing to pay what we insisted was not owed, they suspended the service. I rang them and said if it wasn't reinstated immediately we would go to another company. I was promised it would be reinstated and they would phone back to confirm. Of course they didn't phone back. When the service was not reinstated I agreed a contract with Teamwaste. A bit more pricey but if that means I don't have to spend hours writing, faxing and having to laboriously check their invoices that's fine by me.

They now refuse to accept that the contract is at an end. One of their 'contract executives' Charlotte Nash has just written to me a letter headed 'Re: active account' saying we have to give them 3 months notice. My reply is that the contract is at an end because they have fundamentally breach a root clause, i.e. not providing the service!
She and her fellow 'executives' are completely ignorant. If someone says a contract is at an end, it is at an end. Period. If they think you have thereby breached the contract by refusing to adhere to its terms and conditions they can sue but the contract itself is now dead.
I have therefore written to say that if they really believe we have breached the contract they can sue for damages and it will be defended. SO - it would be good if people could send me, [4 Crestway Parade, The Crestway, Brighton BN1 7BL] a signed letter/statement with their experiences and date it and in the event they sue it will go before the district judge. In turn I will let you know when the hearing is if you would like half a day's free amusement! Since I have a law degree and legal practice diploma I am pretty certain of my position, although I don't specialise in contract law.

Tony Greenstein
Brighton & Hove Unemployed Workers Centre

brightonunemployedcentre2000 at yahoo dot co uk (don't have 15 posts yet!)

PS: Fax everything to them because the fax sheet is proof they've received it. No need to waste money on recorded delivery etc.

[SouthernBusiness]

Hey

We had no end of probs! I can confirm it and would attend court plus I know another business that would confirm the probs and crazy prices they invent!

PM me and I'll let you know where to find me

[falcon]

just joined the forum and so pleased that I did. The name Wastetech just makes my blood boil. One year has just ellapsed with this company and we are having a nightmare in trying to finish with them. A one year contract expired in january 2009 and we were so discusted with bad service, unhelpfull employees, threatenning letters we are receiving in relation to paid invoices. Customer services that are an absolute disgrace. They are trying to force us to sign new contracts etc by harrasment and intimidation. We are a fairly new florists business and warn all businesses in the Sheffield area to go elsewhere. I thought I was alone fighting this company; so glad to know that others feel the same as myself.

[mkb]

So, if I'm reading this correctly, I need to give 3 months notice of cancellation?
I entered into the contract in Aug 2008 so would need to issue cancellation intention note in May 2009 or should I do it now to be on the safe side in case they 'don't receive it in time'???!!!

I need to leave our waste on the pavement but recently have noticed that there are extra sacks outside which has obviously come from other businesses but I cannot prove whose it is. My concern is that these muppets will try to charge me extra as it seems that I am putting out more than the agreement was for.

I have cancelled the DD & will vigorously defend any claim by them that they may make but I really need to get out of this contract so any suggestions would be very welcome.

[falcon]

TO mkb do not hang about, give wastetech written notice in may 2008 make sure it is by recorded delivery. I know that they will deny all other forms of contact and if you miss this date, then your yearly contract will automatically roll over for another year and you will be stuck with them.
re your other point; just take the time to move other companies waste away from yours or sure as day turns to night, they will charge you extra.

[mkb]

Thanks Falcon. Will make sure I put a BIG note in diary for May 1st!

[tonygreenstein]

A quick update on the situation I described in my last post, whereby Wastetech suspended our service in December last year, after many and various conflicts over bills etc.
Well they insisted we still had a contract with them even though we had repudiated it and taken out a contract with Teamwaste. When we asked them to take their bin back they refused. Well what do you know? A group of kids decided, in the early hours of the morning two weeks ago, to burn some bins and this included Wastetechs!!
So I had the joyous task of sending them a fax telling them that it was now too late to collect their bin! And what was their response? Yup that’s right. They said they would send another bin!!! In order that it too could stand idle, or rather be filled by locals to the brim and remain uncollected for another 3 months. Fortunately, since it’s a community centre, I intercepted the guy delivering it and sent it right back.
Today I’ve received a letter from them telling us the matter has now been referred to their legal department and their court action has started. Deceptive to the end since court action only starts when proceedings are initiated. However they offered us a 30% ‘discount’ on the amount they are claiming (& I have no idea where the amount comes from) if we pay up now.
Suffice to say we’ve told them to go and take a running jump so, anyone interested in coming to the case, or better still, giving a witness statement as to their experiences I more than welcome. E-mail me privately on brightonunemployedcentre2000[at]yahoo.co.uk

Tony Greenstein

[tonygreenstein]

To update people. PHS refused to take their bin back so it was stuck outside our premises with rotting rubbish for 3 months! Fortunately the local kids did us a favour and set light to it (taking out a telegraph pole too unfortunately - I hope BT sues them too!).

When I faxed them informing them of the tragic loss on their bin, you know what? They said they were sending another one round!! Fortunately I got to the delivery man just in the nick of time and told him we didn't want it.

So now, after five months, they have finally issued a claim in the Haywards Heath County Court, which I intend to apply to have transferred to Brighton CC. Apart from listing all the invoices we haven't paid (only 1 is prior to the suspension of our service - which we are challenging) their Particulars of Claim consist of 4 words - 'Unpaid Waste Collection Charges'. In due course I shall apply to have them explain and expand this too.

I reckon we will be lucky to have the case heard this side of New Year but I will keep people posted on the date and anyone interested in attending, or even submitting a statement will be welcome.

Meanwhile this is one court case I shall very much enjoy!

Tony Greenstein

[Rottweiler]

I have been trying to leave this organization since June 2008. I can,t believe the way it operates - it ignores the solicitors letters sent to it and now is threatening to take me to court for the past few months' payments despite the fact that the bin has been locked and empty. Now they are telling me I can't cancel my contract legally until July 2010. Solicitor says contract is unfair and deliberately designed to make withdrawal as difficult as possible,but thinks it might stand up in court. I have a small pet shop business and cannot afford another year's extortion for no service. Can anyone help?

[tonygreenstein]

You haven't said why you're bin is locked and empty. Who's locked it? If they are not providing a service and haven't done for a few months then assuming they've locked the bin then they have themselves fundamentally broken the contract by not providing a service. Clearly in your situation you need another contract to take away the waste and if they are responsible for no service then tell them to go ahead and sue.

I don't know what your solicitor is doing but if the situation is as I described it then there is no argument. Of course I don't know all the facts but if you have a good case then you can't lose by going to court.

Tony Greenstein

[chefryads]

I've had 5 years of problems with PHS (wastetech!!)
I worked as a head chef in a local pub in 2004 for about six months, during this period a phs representative called for an arranged meeting with the landlord ( who wasnt present at the time) and therefore asked if i could sign for them on his behalf!! as they couldnt provide a service without a signature??. Busy in the kitchen i didnt give it much thought and signed to get her out of the kitchen - worst mistake of my life!!
I've recieved letters threatening to take me to court on a monthly basis at every address ive moved to for the last five years, despite on numerouse occassions phoning (and yes they are very rude and obnoxious on the phone!!) and explaining i had no financial involvement with the company and was working purely in the capacity as a head chef!! Every invoice i'm sent is for a different amount ranging from £800.00 - £1500.
Finally, after 5 years of hassle and hundreds of threats from these criminals we are off to court in a fortnight - i will keep you posted of the outcome.

[tonygreenstein]

Chefryads - I don't know what possible case they have. If you signed in your capacity as a representative of the pub, because you were being hassled etc., then clearly it is not a personal responsibility. Of course the pub may claim that you had no authority to sign!!

One thing you shouldn't do is ever let them know if you change address. That is just inviting trouble. But I can't see how they can make you personally liable.

[tonygreenstein]

Good news re Wastetech. People may recall that I said that after a prolonged dispute they sued us for what they considered an outstanding contract (after having frozen collections). We in turn counter-claimed. Well about 3 weeks ago they sent a letter offering to reduce the amount they were claiming if we settled! Naturally I refused but I did put in a counter-offer. If they dropped their claim I would drop the counter claim!

After having initially refused my offer Wastetech subsequently decided to accept it. Which is fine by me as a claim for consequential damages was always going to be difficult. Moral? Don't allow them to walk all over you, record everything (fax/e-mail etc.) be sure that you are alleging that they are guilty of breach of contract and destroying trust and confidence (and this can in my view include continually adding things to the bill so you can't trust them).

If there are queries I can be reached on bhuwc at bhuwc.org.uk

cheers

Tony Greenstein

[cathy obrien]

we are a small hairdressing buisness who since 2004 have been trying to get out of a contract with phs wastetech.they refuse to accept our cancellation no matter how many times we write to them.am thinking of going to watchdog. anyone want to join me? we have heard a lot of complaints about them maybe if all the small buisnesses affected join forces we could finally get somewhere

[tonygreenstein]

Why have they refused to accept your cancellation? What does your contract say? Why do you want to cancel?

Some people have contracts requiring 3 years notice, ours had a 1 year notice period. So if you give notice by the requisite date there's not much they can do to stop you going over to someone else. Just stop paying them.

If they have done things like repeatedly raise price according to their infamous contract clause then you should be able to argue that it is an unreasonable clause.

I would also have though that the FSB and other business organisations, realising there is a problem, might hire solicitors and counsel to take them on on behalf of all its members as clearly they can easily intimidate people individually.

I think their whole contract, its small size, its unreasonable clauses etc., might well fall foul also of European legislation though that is restricted to individuals as far as I can remember. But certainly the Unfair Contract Terms Act should be helpful.

We have just forced them to withdraw an action against us by counter-claiming.

Tony Greenstein

we are a small hairdressing buisness who since 2004 have been trying to get out of a contract with phs wastetech.they refuse to accept our cancellation no matter how many times we write to them.am thinking of going to watchdog. anyone want to join me? we have heard a lot of complaints about them maybe if all the small buisnesses affected join forces we could finally get somewhere

[MarianneL]

Hi.

I don' know if this thread is still live, but I have just registered with the site so that I can add our horrendous experiences with PHS to the list. Basically, my colleague and I run a small complementary medicine clinic. In July 2008 we signed a 3 year package with PHS for a clinical waste and sharps removal/disposal service. We agreed a fixed price for the package. Almost immediately we were issued with additional invoices for paperwork/admin that either does not apply to us (eg registering with the environment agency) or that should be provided as part of the package (eg Duty of Care WTN). We have consistently refused to pay these extra amounts despite a lot of aggressive and threatening correspondence from PHS. We are now at the stage where we have sent them a letter (registered post of course!) claiming that our contract with them has been repudiated.

I agree with everyone who has posted to say that PHS are a bunch of bullying cowboys. I would be ecstatic if this company was forced to improve/change so that no-one else suffered as we have done. To this end I would be more than happy to join forces with other small business owners to lodge an official complaint about the company.

M

[tjkirkup]

I have got into a similar situation to you with phs wastetech in Lancing. 21/2 years ago they insisted that I sign a direct debit with them. This has enabled them to take higher and higher charges and my total monthly payment has increased from £120 to £415 over that period. An increase of 246%. They have now offered a new contract at £43 per month plus unspecified landfill and disposal charges. I would be interested to know if you have resolved your issue with them. Tim Kirkup

[vanessa kingsbury]

So, help me business community. I have no recollection of signing up to this company. We certainly don't need a waste collection service. As soon as I received the 'confirmation of service I rang and explained that if we had agreed to a collection service it was a mistake. I'm sure we didn't. To cut a long story short the large wheelie arrived outside my personal drive in a tiny rural community- not even my office. I had to pay £200 to 'cancel' my contract to have the thing removed. I have sent numerous requests for copies of the contracts they state have been completed. None have arrived. I have served an invoice for the £200 as a counterclaim. I know that when an MD starts taking actions on principle it starts getting expensive - but I have a feeling that this crusade is worth embarking on. Give me some advice fellow small business owners- if you are victims too of what seems to me a bullying company I'm going to Court and any additional evidence would be helpful.

[tjkirkup]

I am still corresponding with Wastetech re a refund. At present they are refusing to remove the bin and continue to invoice me at exhorbitant rates. Ken Stevens from Federation of Small Businesses 01323 482018 has supported many small business in dispute with Wastetech.

Tim Kirkup

[janec]

We are yet another sucker who signed up with these people. We are a small retail business in Cheshire originally with Stockport Waste of which PHS took over and had been relatively happy with the service before the takeover. We tried to cancel the contract with them last November and after numerous telephone calls they offered another contract and said if we signed up there and then they would waiver the £211 transfer charge! We have refused and written to them at least three times saying we wish to cancel the contract - needless to say no reply from them. I called last week they did eventually return my 3-calls and said they would reply to my letters. The only thing they have done is send me a copy of the contract which had an incorrect start date on in the first place, starting 2010 instead of 2009, but the copy they have sent has been changed - we unfortuntely can't find our copy so cannot prove it. It appears from their T&C that everything is based in their favour and not the customers and they can charge whatever they feel like! Any suggestions, apart from going to Court, to get rid of these clowns would be gratefully received!!

I've had 5 years of problems with PHS (wastetech!!)
I worked as a head chef in a local pub in 2004 for about six months, during this period a phs representative called for an arranged meeting with the landlord ( who wasnt present at the time) and therefore asked if i could sign for them on his behalf!! as they couldnt provide a service without a signature??. Busy in the kitchen i didnt give it much thought and signed to get her out of the kitchen - worst mistake of my life!!
I've recieved letters threatening to take me to court on a monthly basis at every address ive moved to for the last five years, despite on numerouse occassions phoning (and yes they are very rude and obnoxious on the phone!!) and explaining i had no financial involvement with the company and was working purely in the capacity as a head chef!! Every invoice i'm sent is for a different amount ranging from £800.00 - £1500.
Finally, after 5 years of hassle and hundreds of threats from these criminals we are off to court in a fortnight - i will keep you posted of the outcome.

[FSB member]

I am the membership secretary for the Fedreation of Small businesses in Brighton & Hove. We have taken 140 members away from PHS and as you can see from the mass of evidence in this thread DO NOT TOUCH Them with a barge pole. WE have attanded court with 5 of our members and got a repayment order with ALL of them. It is throughout the country, and if you try to unpick this multi-million turnover conglomerate its a nightmare of companies owning companies. Just call their bluff and tell them top get lost, their records are so bad that mostly they do not have a signed copy of your contract, because they have taken over good small companies and then imposed their draconian terms on you. In our area TEAM waste is very good and less than half of the price of PHS and are members of FSB which means GOOD, responsive service which will respond if you have a problem. It's NO good making a note of who you speak to at PHS because the staff are only there for a few weeks and then leave. The previous post has to understand that ANY commercial organisation has by law to have a contract for commercial waste collection ( penalty £1000 ). You WILL be prosecuted if you try to feed commercial waste in with domestic!!!! If you need support contact your local FSB regional Office and if they have not experienced this problem in your area (YET ) get them to contact the East Sussex FSB office 01323 482018 :mad:

[grasshopper]

We joined PHS Wastetech in Aug 2006 as they were reasonably cheaper than many other companies providing similar service. We signed a contract for 12 months and not 36 months as their standard contract. prior to signing the contract I requested their sales manager for the London area to confirm via email that it would be a fixed price contract for the duration of the contract. Their sales manager confirmed this without any hesitation.
After about 2 months into the contract they started sending us the invoices much higher than the agreed price and at the same time their service was appalling, missing collections, charging for waste not collected, not answering calls at the depot and so on.......

To resolve this problem we decided to contact their customer services at Brighton only to learn that their staff are so rude as they are all trained like robots who are not willing to listen to your side of the problems but to point you to clauses in the contract. We repeatedly tried to tell them that we have a fixed price contract with them, they ignored this and kept telling us to refer to the clause where they are entitled to increase price and charge for extra waste if their driver say they have collected. At no stage they collected any extra waste yet they invoiced for this every time.

This problem dragged on for months without any success at which stage we wrote to terminate the contract giving them 1 months notice.
Unfortunately they would not accept out letter of cancellation as according to them it was not written according to the format demanded in their contract i.e 3 months notice prior to the anniversary date and it should be via fax and registered post. Even if you are a day short of the 3 months you have no choice but to roll over the contract to the next anniversary date depending on your length of the contract.

As we were unable to exchange dialog with their customer services and they were not willing to terminate the contract we had no alternative but to have our solicitors to communicate with them on our behalf. In July 2007 our solicitors wrote to them explaining the overcharges being made; requesting for the refund and contract to be canceled accordingly. Once again there was no reply to his letter and they continued their appalling service and overcharging on the invoices to the point when we suspended any further payments at which point they suspended their services but still kept sending invoices much over the agreed prices for service not provided.
Since they saw no payment forthcoming they are now pursuing this through the small claims court. We will fight them all the way as a matter of principal!!!!!

This is one of the worse company we have come across in our thirty years of trading!!!:mad:

Phs charge companies and businesses for recycling, they then dispose of the recycling with general waste. None of it is recycled!! :eek:

[littlebiz]

Sadly, yes. Well, we were, but our business is now closed. I've written to them many, many times to inform them of this, but they still keep charging.

Fascinating range of made up charges, but they won't ever divulge their charges - and they hide them on their bills.

They've not responded once to any of our letters or requests for charges. Customer service non-existent.

AVOID! AVOID! Cowboy binmen with a legal department. really.

[nolan8213]

Dear Forum Posters,

I have run a restaurant business in South London. I signed up with PHS for 3 years with the attractive £7 per lift offer all inclusive. Having finally ended my contract with PHS I feel I am now in a position to advise customers how to legally end with PHS.

- There is no doubt that when you sign with PHS you need to continue with them throughout the duration of your contract. PHS requires 3 months notice by recorded post. Their cancellation terms are very ambiguous. You will be required to cancel stating the “correct termination date” which according to PHS means the exact same date you started with them. Not a day later or before as they will refuse to accept the letter otherwise.

- I received every invoice on time, but I have never received a price increase notification letter. I have requested a recent copy which never stated the actual price increase. As such this letter is not a valid price increase letter. Cancel your direct debit, and when you receive the invoice calculate the correct amount and pay this by cheque with the invoice number behind.

- PHS may want to threaten you will legal action and fines. Write a letter stating they have not legally informed you of any price rises and therefore until such time may not legally raise any price until formal notification with new price has been provided.

- PHS’s invoices will not be itemised. Should you suspect inflated prices you have the right to ask for the itemised copy which has the breakdown of the prices. Something that PHS wants to hide from the customer. They will claim that due to a system upgrade they are unable to produce such invoice, when in reality they simply don’t want the customer to realise the new prices. This is further evidence that the customer is not notified of any price rises.

- Just to clarify, normally it is the waste producer’s responsibility to pay the Waste Disposal Levy, however it states in the contract that you the customer has agreed to pay this. Therefore it is liable to the customer.

- PHS will attempt to make you pay extras for recycling cardboard saying it is now law. The only thing that legislation states is for all cardboard to be secured. There is no such law stating we are obliged to recycle cardboard.

- If at any point PHS suspends their service or do not collect waste as per there contract terms and conditions you have the right to contract environmental health to pursue the company. Should this continue you will have the right to cancel your contract for they have not provided you with a fair level of service as per the Supply of Services and Goods Act 1982, Section 2.

- Record every phone call and send every letter registered. With every letter you write ensure you mention you are providing them with a minimum of 14 days to respond to the letter.

- They do not have the right to threaten you with bailiff action without a court order. Should they attempt to do this, you have the right to call local enforcement and prosecute the necessary parties for breaking Data Protection act (As PHS does not have the right to share information with 3rd parties) and prosecute for harassment by bailiffs.
Hope this helps.

[littlebiz]

Please also write to your local MP about PHS. They have to be stopped from this cowboy behaviour and these onerous contracts. Write to Peter Cohen, too.

[Borobar]

these idiots caused me a load of hassle too. i tried to cancel and was given a £7000 bill which to date i have refused to pay

[davisifa]

I was so pleased to find this forum. They are tying me into a 3 year contract and asking for money including the infamous annual fee of £237, even though I have never had a bin from them and NEVER HAD ANY COLLECTIONS OR WASTE SERVICES FROM THEM. I signed a contract in June 2010 which was faxed to them, but they kept calling me asking me to send back the original signed contract, which I never did, so I assumed I had not signed an official contract. Within a few days of signing I emailed the sales rep to say that I have discovered I could not get out of my existing waste contract as I had not realised I had to give 3 months notice, and said that I wanted to cancel the request to start the service with them, as I was still in contract with my existing provider, but I asked them to put this on hold because the person that could confirm the information was on holiday. I therefore emailed back to them a few weeks later to say that I was definitely still in contract and could not commence the service with them. The rep suggested that we start the service the following August 2011, if I could give notice to my existing supplier in May 2011. I said I would get back to them in May to confirm this. As I was already experiencing their poor service, including receiving invoices for services never provided, plus the notorious annual waste transfer admin fee, I decided not to change to them, and therefore did not give notice to my current supplier but just continued with them. The saving would have been a few pounds monthly, but with the annual fee added it would have been far more expensive, so I decided not to change. In the interim I have written about 20 letters and emails to them confirming that I do not want their services and besides they have never provided a service to me, so how can they charge for something not provided. They are now saying that I never gave the correct wording to terminate the contract and therefore it is still valid until 2013, and they are going to pass it to their legal department and it will go to court. They said they did not cancel the contract but deferred the start date until the August, but I never did give them the go-ahead. They have never collected the monthly fee by direct debit, and after I complained about the first year's annual fee, so they credited it back to my account, and have never collected any other amounts, but have issued invoices from time to time. They say in order to get out of the contract I would have to pay all the outstanding charges up to June 2013, which I do not intend to do. As far as I am concerned I do not have a contract with them, and have never had one single service from them.

[TheIsonomian]

Sharp practice seems to be commonplace within the commercial waste sector - but with the OFT taking a close look at the restrictive contracts that govern gym memberships, can it be long before they take an interest in some of the worst examples of waste collection contracts? There's an interesting article on this on the Isonomia website that might be worth a look

This forum's comments make a pretty persuasive case that something's rotten in the state of waste management.

[davisifa]

Further to my last post where I pointed out that although I stupidly signed their contract I have never had a service from them, and have a contract with a different waste company, their legal department has written to me offering a settlement figure equivalent to 3 years monthly fees. I do not want to pay this for something that I have received or will never use. Any advice please, as they want a reply within 10 days

[steveengineer]

Just thought I would add to this forum as a warning to others. This is the first time I have ever contributed to one - These people are unbelievable - Please spread the message far and wide.

[davisifa]

Can someone be kind enough to let me know how I should deal with the fact that PHS are holding me to the contract I signed, and yet I have never had a bin or a collection from them. They have given me a settlement figure, which is equivalent to 3 years monthly payments, which I do not see why I should pay as they have never provided a service to me, as I am still with my previous waste collection contractor.

[Carehomesllp]

We did use the services (?) of PHS All Clear up to late 2007 however because they kept increasing their prices - we stopped using them and gave them sufficient notice under the T&C of the contract. It was relatively painless getting out of the contracts paying some get-out money.

We moved to another company H & A Waste and have received good/excellent service and customer service on our four residential care home in East Devon.

In early January 12 we were advised by H & A that they were diversifying into setting up a recycle centre and they had sold their clinical waste collection business to – You guessed it PHS All Clear.

I instantly wrote to PHS telling them that I did not have a service agreement with them and gave them three months notice to terminate the agreement with H & A waste. PHS has respond stating that they cannot accept our request to terminate the contract and they require 3 months written notice prior to the anniversary date for our accounts to be terminated.

Any advice / HELP would be appreciated.

[christine&tim]

I made a general enquiry to Phs allclear one year ago, i was sent some form via the internet from a jodie preston, she said this had to be done before any documents could be posted.. 2 to 3 days later a yellow bin turned up, with bags.. then a few more days later a contract arrived which we refused to sign.. we told them to remove the bin.. They did this the following week.. 3 months later an invoice arrived for £27. We telephoned them to ask why, she told my husband we have a contract with them.. We told her we did not, and to stop sending us invoices.. since then we have had telephone calls at least 2 a month asking for payments.. also received letters saying suspension of service and threatening letters.. We have asked in writing for proof of a signed contract, which we never recieve. We have asked them to stop pestering us as it will be classed as harrassement. Our last letter gave them 7 days to respond to us, confirming they have removed our details from there computers, but 10 days later we hare yet to have a reply.. we just don't know where else to turn..

[christine&tim]

continue from previous message they have now been demanding £538.

[christine&tim]

Can someone be kind enough to let me know how I should deal with the fact that PHS are holding me to the contract I signed, and yet I have never had a bin or a collection from them. They have given me a settlement figure, which is equivalent to 3 years monthly payments, which I do not see why I should pay as they have never provided a service to me, as I am still with my previous waste collection contractor.


I have the same problem with this company and i will not pay them a penny.

[Carehomesllp]

Why can't something be done about these COWBOYS.
The number of complaints/Blogs about this company is unreal.
And they continue to get away with it.

[eddy the Alfaman]

WHAT A LOT OF UNHAPPY CUSTOMERS THIS COMPANY HAVE
DO WE THINK THEY GO OUT OF THE WAY TO SCREW CUSTOMERS UP..
OR ITS SUCH A CUT THROAT MARKET THEY HAVE TO
OR THAT IM WRONG
eddy the Alfaman

[christine&tim]

Why can't something be done about these COWBOYS.
The number of complaints/Blogs about this company is unreal.
And they continue to get away with it.

I have just had a responce to my previous letter, I don't owe then £538 now but £669 in a matter of one week it has increased by £131. Also they enclosed a computer generated service contract, which this jodie said had to be done before they sent out details of there service.. and on the computer it was really little and didnt show you all the stuff it has on it.. plus when they sent me a contract to hand sign, this was refused as we didnt want there service. they are dreadful..

[glenifleur]

I am unfortunate enough to use them, although i am pleased to say I am 'out' as of December. They really are a rotten lot! since I have given notice my bill has risen £20 a month it is now up to £166 for october. Yet if I re-sign with them they are willing to reduce it to an 'estimated' £41 a month in the new year!. I could rant and rant about them I did contact FSB about them but their respose was to pass me around and the last word was,for me to 'let them know how I get on, as they are interested in phs' which was, sadly, rather unhelpful.
My advise to anyone involved would be write and write and write to phs firmly explaining that you want out. Eventually you will be released but be prepared, they will clobber you and the last months of your sentence. In December I dont know who i shall go with. I am a little allergic to waste companies now.
I have also been told that in the new year Wealden and privatising their waste contracts...

[Tobydog100]

Neath & Port Talbot County Court, Case No 2YK56036, heard on 12 12 2012.
PHS Group Plc vs Avanti Tiles Ltd.
Judge dismissed their case and claim for £2600 "Breach of Contract" fees.
I am not legally trained, I had no legal advice or representation, I researched everything myself and represented myself in Court. I beat them because their 3 year rolling contract was judged to be unfair in that the cancellation notice clauses were weighted in their favour (10 days for them against 90 days prior to anniversary date for me)
To all those small business people threatened by PHS, whose lives are being made a misery by PHS's Contract terms. FIGHT THEM!
Good Luck!