PHS Wastetech Advice - think I had a problem posting before
Helpful advice I hope...
A client of mine is having a problem with PHS in much the same vein as the very many I have been reading online. My client cancelled the contract due to PHS Wastetech's pricing after 4 years and have subsequently been told they cannot under the contract, which PHS have repeatedly refused to produce. It is my intention that PHS will not extort further payments from my client, so I am happy to impart the following advice in the hope that it might influence dissatisfied PHS customers to be more confident and aggressive in defending their position.
The more customers who defend their position against PHS Wastetech's practices, the more difficult and expensive it is for them to carry out their threats of legal action.
To the previous poster, my advice is to continue to correspond with PHS in writing and by registered post. Restate you position every time you write "As previously stated in my letter/s of (such and such dates...), it is my position that PHS Wastetech is in breach of contract and thus I/we issued notification of termination of your contract for services." Then address any specific issues they may raise. It is probably worth ensuring that all your letters from now on contain a note that they have been "written without prejudice."
If you are cancelling for other reasons (such as price) and PHS refuse to accept this under the contract, demand to see the document in a letter sent by registered post. If they fail to provide it, use the following approach "Despite my/our repeated attempts to have PHS Wastetech furnish me/us with a copy of the document you claim contractually binds me/us to use your services (for such and such period of time), you have refused. I have no recollection of any such agreement being signed and reject PHS Wastetech's attempts to extort money from me/us for a service I/we no longer want/need. Unless you can provide documentary evidence to the contrary, I/we deem this matter to be closed."
Try to wrap the matter up quickly, but if PHS keeps pursuing it, let them know how strongly you feel about it too. Tell them that in the event they decide to make a claim through the courts, you intend to defend this vigorously and reserve that right to make a counter claim for damages (if say there were late/failed collections that cost you money in some way) and costs.
I would also suggest that you could produce in court many letters for fellow customers (past and present) of PHS that would attest to any matters raised. These might be the regular breaches of contract vis a vis failed and late collections; damage to property; failures to communicate or acknowledge communications with customers; other dishonest practices...
I hope this is helpful and look forward to PHS Wastetech been held to account for what are manifestly poor business practices to say the least.