phs wastetech problems any advice

[Suziedoggirl1]

i have just reported Phs to Rip off Britain and the daily mirror investigates section !!!! good advice BERNIE O! hope others can do the same.

By the end of this weekend I hope to have done the same. I thought I would also contact the FSB editor, you never know!

 

[Suziedoggirl1]

By the end of this weekend I hope to have done the same. I thought I would also contact the FSB editor, you never know!

Have now contacted BBC Rip Off Britain, Daily Mirror and Federation Of Small Businesses editorial. Please people do the same, even if you've resolved issues with PHS (unlikely) or managed to end your contract. As Edmund Burke once said "All that is necessary for the triumph of evil is that good men do nothing." (or women!)

I think we should change that:"All that is necessary for the triumph of the evil PHS is that good men and women do nothing."

 

[CLA1]

We really need to know what the correct termination date is for ending our contract with PHS Wastetech so that we can give 3 months notice before we are automatically rolled over into another 3 year contract.

Clause 1.1 of their T&Cs say we have to state the correct termination date but the contract is not clear what date this would be and their T&Cs are deliberately unclear.

Our contract has three possible dates:

1. The date they signed the contract - Nov 2009
2. The date we signed the contract - June 2010
3. The date our service commenced - Sept 2010

We are sure it cannot be the first date as this was when they first sent a copy of the contract for us to consider but we were not in a position to proceed with the contract until the following year. However, if we go with a later date then they are bound to say that it was this earlier date and, oops, the contract has already rolled over!!

We have written to PHS asking them to clarify the correct termination date but they have failed to respond. Has anyone else experienced this who could offer some first hand advice?

Thanks

CLA1

 

[Suziedoggirl1]

We really need to know what the correct termination date is for ending our contract with PHS Wastetech so that we can give 3 months notice before we are automatically rolled over into another 3 year contract.

Clause 1.1 of their T&Cs say we have to state the correct termination date but the contract is not clear what date this would be and their T&Cs are deliberately unclear.

Our contract has three possible dates:

1. The date they signed the contract - Nov 2009
2. The date we signed the contract - June 2010
3. The date our service commenced - Sept 2010

We are sure it cannot be the first date as this was when they first sent a copy of the contract for us to consider but we were not in a position to proceed with the contract until the following year. However, if we go with a later date then they are bound to say that it was this earlier date and, oops, the contract has already rolled over!!

We have written to PHS asking them to clarify the correct termination date but they have failed to respond. Has anyone else experienced this who could offer some first hand advice?

Thanks

CLA1

My understanding is that the anniversary date is the date on the service contract where it states when the service will commence. My service has now been suspended and with that comes yet another charge for "Credit stop charge" And why has landfill levy just doubled?

 

[Suziedoggirl1]

Just to say that my MP has replied to say that he has written to PHS HQ.

 

[arcon5]

Send 3 different cancellation emails by post with each 3 dates on. Send them recorded, problem solved

 

[Suziedoggirl1]

Send 3 different cancellation emails by post with each 3 dates on. Send them recorded, problem solved

Sounds easy but this is PHS, with them nothing is that simple. I gaurantee that if 3 termination letters were sent, even if one was correct the usual reply would come back "Does not comply"
They would simply say 3 termination letters are not the correct procedure. They'll use anything to get out of releasing you.

 

[theworldchico]

My understanding is that the anniversary date is the date on the service contract where it states when the service will commence. My service has now been suspended and with that comes yet another charge for "Credit stop charge" And why has landfill levy just doubled?

we just received our january invoice our landfill levy was the same as last few months, we did have an increase on that of about £ 2 in about october.
i would imagine they are ramping up your charges so when they try to take court action they can claim for more!!! But remember clause 5.4 of contract only allows them to claim "loss of profit" and i believe only on you contracted price so any settlement would be know where near what they are claiming and its all in black & white for a judge to see!! this is where you use there own contract against them!

 

[theworldchico]

We really need to know what the correct termination date is for ending our contract with PHS Wastetech so that we can give 3 months notice before we are automatically rolled over into another 3 year contract.

Clause 1.1 of their T&Cs say we have to state the correct termination date but the contract is not clear what date this would be and their T&Cs are deliberately unclear.

Our contract has three possible dates:

1. The date they signed the contract - Nov 2009
2. The date we signed the contract - June 2010
3. The date our service commenced - Sept 2010

We are sure it cannot be the first date as this was when they first sent a copy of the contract for us to consider but we were not in a position to proceed with the contract until the following year. However, if we go with a later date then they are bound to say that it was this earlier date and, oops, the contract has already rolled over!!

We have written to PHS asking them to clarify the correct termination date but they have failed to respond. Has anyone else experienced this who could offer some first hand advice?

Thanks

CLA1

I was told when i asked the phs lady on the phone its the commencement date!!
give them there notice and know matter what there reply is on the last month cancel your direct debit and move on!
if they do continue with threats LET THEM you have complied to there terms correctly, if needs be let them take you to court they will have to explain to a judge why they are not letting you out of the contract even if you've done exactly as they say!!! iv been reading on forums people even claiming there expenses back from phs for time they have spent on this!!

 

[Montaigne]

May I suggest that if anyone from PHS tells you anything that will directly impact the contract you also ask for this to be confirmed in writing otherwise it is very easy for them to deny ever having said anything.

 

[lockyer]

record every conversation?

 

[Montaigne]

I think you need their permission to record a conversation otherwise it's not permissible in court? (Or is that another urban legal myth?)

 

[Suziedoggirl1]

I think the idea of recording every conversation is a good one, even if it's just for your own records. They are very good at denying things they've said. I've been looking again at their terms and conditions and it's interesting that they state that the charge for the AWTN is to assist with administration. On account of Rabbit now charging me £25 for the same thing you have to wonder just how much £237 is assisting PHS. It may be another avenue to try when it comes to court because the definition of assist would certainly not be to cover all the cost and more.

And I like the idea of using their own contract terms against them, I'm sure there are many possibilities.
Keep the posts coming, we can all benefit from them.

 

[S22JCD]

A quick update...

After being told we would get a refund within four days we expected that to be the end of it. First step was we received a credit note in the post but no money back into our account.

So after another email 10 days later we sent an email to find out when the money will be returned. We was informed that it was in the system but not paid out and that it will be another 5 days.

I did not hold out much hope of the money turning up but it did.

So after many emails we did get the refund.

 

[Suziedoggirl1]

A quick update...

After being told we would get a refund within four days we expected that to be the end of it. First step was we received a credit note in the post but no money back into our account.

So after another email 10 days later we sent an email to find out when the money will be returned. We was informed that it was in the system but not paid out and that it will be another 5 days.

I did not hold out much hope of the money turning up but it did.

So after many emails we did get the refund.

Well done. You should have the refund on your bank statement framed, who knows, it may turn out to be so rare you'll be able to sell it for a fortune one day!

 

[steveengineer]

I have never in my life posted anything online into any type of forum but these people are unbelievable. Having just found this forum and scanned some of the postings it looks like we have been through the same issues. So i have joined just to add to the feedback. We have recently informed them we will charge them for storing their bin. Please tell everyone you can how they operate.I believe they are owned by a VC perhaps people can make sure that when they try to exit all potential buyers are aware of their business practices.

 

[Suziedoggirl1]

I have never in my life posted anything online into any type of forum but these people are unbelievable. Having just found this forum and scanned some of the postings it looks like we have been through the same issues. So i have joined just to add to the feedback. We have recently informed them we will charge them for storing their bin. Please tell everyone you can how they operate.I believe they are owned by a VC perhaps people can make sure that when they try to exit all potential buyers are aware of their business practices.

Welcome aboard the PHS misery train! What sort of problems are you having, and how long have you been with them, and what's your position with them now?

 

[steveengineer]

Welcome aboard the PHS misery train! What sort of problems are you having, and how long have you been with them, and what's your position with them now?

No time to go into real details as I need to go home - I think my tale is a common one. We signed up with them at the end of 2008 - good prices no problems good sevice. Jan 2010 Waste Transfer Notice bill - complained price reduced but still a rip off. Jan 2011 WTN bill again plus noticed charges going up and up - charging rental on bin etc. I had had enough so tried to cancel told not in time as renewal date was January. Waited then gave notice in time but told this time renewal date was actually December so would have to wait another year! Have stopped paying and will not pay. I still have their bin which they refuse to take away - I have informed them I will charge them for storage but not yet raised invoices. I will wait for my day in court if we get that far. I have been in business for a great many years and have never come across anything like them.

 

[Suziedoggirl1]

No time to go into real details as I need to go home - I think my tale is a common one. We signed up with them at the end of 2008 - good prices no problems good sevice. Jan 2010 Waste Transfer Notice bill - complained price reduced but still a rip off. Jan 2011 WTN bill again plus noticed charges going up and up - charging rental on bin etc. I had had enough so tried to cancel told not in time as renewal date was January. Waited then gave notice in time but told this time renewal date was actually December so would have to wait another year! Have stopped paying and will not pay. I still have their bin which they refuse to take away - I have informed them I will charge them for storage but not yet raised invoices. I will wait for my day in court if we get that far. I have been in business for a great many years and have never come across anything like them.

An identical tale of woe to mine and most others. Like you I've refused to pay for over a year now. They seem very slow at taking any real action which is frustrating as I'm quite looking forward to my day in court. I think the only way to beat them is by businesses sticking together and not giving in to their bully boy tactics. As I've said before, it's so important to keep a copy of everything sent to PHS and received by them. Communication within the company seems poor so any errors made by them will help our case. Can you imagine what it must be like to work for them? A friend went to their offices which are only 2 miles from here and he said it was swarming with very young people looking fed up and complaining about all the complaints!

 

[Suziedoggirl1]

We had the same problems with these terrible company. Eventually I wrote to my MP, Vince Cable and he wrote a letter to the owner who lives in a mansion in Wales. Everything stopped immediately and all invoices were credited back. Please try the same, by writing to your MP. This company has to be stopped from scamming small businesses.

A big thank you to the above. My MP has written to Mr Cohen the chief executive with similar results!
It seems it's fruitless to try to come to any agreement with their customer service staff, they seemed to all be programmed the same way. It just ends up in frustration. Actually, I think that's their trick, you just get to the point where you would accept any offer/compromise.

I would certainly advise against accepting any offer of discounts, it means you've accepted their terms, which are unacceptable.

 

[Suziedoggirl1]

A big thank you to the above. My MP has written to Mr Cohen the chief executive with similar results!
It seems it's fruitless to try to come to any agreement with their customer service staff, they seemed to all be programmed the same way. It just ends up in frustration. Actually, I think that's their trick, you just get to the point where you would accept any offer/compromise.

I would certainly advise against accepting any offer of discounts, it means you've accepted their terms, which are unacceptable.

Just another update. On Saturday I received a recorded delivery letter from PHS, the first time anything has ever been sent from them in this way. The letter stated that my account had been processed and was now closed! A great result and a big thank you to my MP
Their letter thanked me for my custom!! It also had a kind of urgency about it. Firstly being sent by recorded delivery, and secondly saying my bin will be removed within a week but also as a matter of urgency. They almost seemed to grovel!
I feel fairly confident that a court would have judged in my favour but this is obviously a much better result. Maybe it shows that the company have much to hide and that a letter written on Parliamentry paper is all it takes to get them to act quickly, this all happened within one week.

 

[Nomski]

Hi Steve,

We are also having to deal with PHS. We were quoted £34.20 for a month's collection but they are asking for £72 a month now.

They are chasing for the WTN which we wont pay. The good thing about our contract is that we did not setup a direct debit, rather a standind order and so we can cancel anytime.

Also, all utilities company quote you the duration of your contract at the time of selling however I was shocked to be told I am tied in for three years.

Can you help with a letter to send them?

Nomski

Hi,

I am always sorry to hear others are still have issues with this shower. The main issues usually are the over charging, followed a close second by the charges for the WTNs, I would say that at my hearing the court held that these charges were completely unfounded, as the original contract did not contain any requirement for me to accept or that they had the right to charge for WTN, Also the full details contained in the original contract also had the exact same details as their proported WTN, therefore there was no need for them to provide a separate certificate and therefore there was no need for me to buy them for the WTN. They also had no right to demand a fee for a document which I had not contracted for them to provide. I demanded and received credit notes for the full amount they had demanded. 5.4 of their T&Cs is the worst they can do to you, so well worth going to the end with them... If you wish to avoid court action then calculate what you think would be a reasonable profit margin (I used 30%) take that percentage of your original contract price x by the number of months you had left on the contract and offer them that as full and final settlement... I personally would go the whole course and pay them nothing.

Hope this helps,

Regards
Steve

 

[Suziedoggirl1]

Hi Steve,

We are also having to deal with PHS. We were quoted £34.20 for a month's collection but they are asking for £72 a month now.

They are chasing for the WTN which we wont pay. The good thing about our contract is that we did not setup a direct debit, rather a standind order and so we can cancel anytime.

Also, all utilities company quote you the duration of your contract at the time of selling however I was shocked to be told I am tied in for three years.

Can you help with a letter to send them?

Nomski

Let me know if you don't get a reply and I'll see if I can help. The problem with these forums is they don't get visited that often.
BTW, I didn't hear it but there was a news story on Heart FM Sussex this week where a lady had the usual PHS grief and I believe she is also involving her MP.

 

[eddy the Alfaman]

Im going through a small claims court claim with this company
they are sueing me as i wont pay the bill for services not recived + they wont reply to a letter sent asking why they make me
put all my cardboard into a plastic sack and then throw it into the main rubbish truck ... I COULD BE FINED FOR DOING THIS it takes 1 hour a month to put all the cardboeard into plastic sacks and then they throw it in with all the other rubbish
is this right ?????
the customer help desk is useless
in my oppinion this company is the worst service company iv used in the 32 years iv been in bussiness.
i run a small repair garage in Rayners lane Harrow all i want to do is repair cars and im now involved in writing letters and waisting my time
all because i signed up with PHS
eddy the alfaman

 

[littlebiz]

Hi Eddy, I would think you'll be fine. From the posting on here it seems they usually lose. Have you tried writing to your MP? Their scumbag behaviour was stopped by a swift letter from my MP.

 

[littlebiz]

Hi Suzedoggirl - that's excellent news (only just seen this.) I've very pleased to have helped you escape the clutch of this vile company.

 

[Suziedoggirl1]

Im going through a small claims court claim with this company
they are sueing me as i wont pay the bill for services not recived + they wont reply to a letter sent asking why they make me
put all my cardboard into a plastic sack and then throw it into the main rubbish truck ... I COULD BE FINED FOR DOING THIS it takes 1 hour a month to put all the cardboeard into plastic sacks and then they throw it in with all the other rubbish
is this right ?????
the customer help desk is useless
in my oppinion this company is the worst service company iv used in the 32 years iv been in bussiness.
i run a small repair garage in Rayners lane Harrow all i want to do is repair cars and im now involved in writing letters and waisting my time
all because i signed up with PHS
eddy the alfaman

It does seem that every letter you send to PHS has to be recorded otherwise they can simply deny ever receiving it, which they do. As has been said before, keep a copy of every letter and log every phone call etc. A business on our site took them to the small claims court last week and won. One ex PHS driver claims that all the "recycled" waste goes into landfill with everything else but who can prove it?
Let us know how things progress and all the best in fighting these crooks.

 

[Suziedoggirl1]

Hi Suzedoggirl - that's excellent news (only just seen this.) I've very pleased to have helped you escape the clutch of this vile company.

It was a strange thing, after over a year of pointless emails, letters and phone calls, this was all over in one week!

One good thing came from this, a local restaurant that I've tried to offer my PHS experience to has offered my wife and myself a free lunch. Thank you PHS!!!

 

[littlebiz]

Suziedoggirl
Wouldn't it be nice if the MPs that have acknowledged there is a problem actually got together to do something to stop new people being sucked into the PHS hell hole? Enjoy your lunch!

 

[Suziedoggirl1]

Suziedoggirl
Wouldn't it be nice if the MPs that have acknowledged there is a problem actually got together to do something to stop new people being sucked into the PHS hell hole? Enjoy your lunch!

I've always hoped someone with authority would get hold of this and persue it. I'm sure if an outside body did some sort of internal investigation into PHS they would unearth a very big can of worms, plus a few skeletons!

 

[thebiznizdotcom]

I know PHS only too well and their a set b%$£ards! (Sorry for swearing but I just wanted to show what I really think of them)
I realise they make plenty of money by almost tricking people into contracts but I recon their solicitors earn even more money!
My advice would be..
Don't Use Them!
Don't Use Them!
Don't Use Them!

 

[Suziedoggirl1]

I know PHS only too well and their a set b%$£ards! (Sorry for swearing but I just wanted to show what I really think of them)
I realise they make plenty of money by almost tricking people into contracts but I recon their solicitors earn even more money!
My advice would be..
Don't Use Them!
Don't Use Them!
Don't Use Them!

So are you saying we shouldn't use them!!!!!

 

[thebiznizdotcom]

So are you saying we shouldn't use them!!!!!

Put it this way...I'd buy YOU a drink not to use them!! At least it would make me happy.

 

[IAmAnom]

i have had enough of this scamming company! they try and get money out of you in every possible form! it all started when they started misssing collections (3 in a row) after many phone calls where colections were promised (which they never did) after many letters (always recorded) quering about all my collection issues as well as the famous "waste transfer note" costing £237.60 which they took from Direct debit (without even telling me) they still charged for the missed collections, after phoning them they issued a credit note, well i had stopped the Direct Debit and only sent them a cheque with the correct amount with a letter informing them to take the money from the credit note. Now they are mis-leading us with a different commencing date on their system and on the service contract with they sent us! If i knew the correct commencing date i would therefore be in my three months advance termination notice but from their lies and tricks it has therefore rolled onto another year, they have been tricking us from the start and it wasnt until today after speaking to one of their reps that i found out that my account "wasnt liable to pay the WTN" i demanded a refund and he said that they wouldnt refund until they recieved payment for "pre-treatment waste" where they get all of these extra charges from i do not know! but what i do know is they are out to scam and steal peoples hard owned money! BEWARE! i would really appreciate some advice from you all informing me of what my next step is and how about taking them to a small claims court! i am fed up with them and the amount of hassel and stress they have caused is unbelivable! i should note that i have informed consumer direct and trading standards.

Thank you very much in advance for your help and sugestions!!!!

 

[thebiznizdotcom]

I think someone should set up a complaints noticeboard for the web and google ad it under PHS!
I might even do that myself if anyone's interested?
Good idea?

 

[ronniemoss]

i have informed phs that business is closing on 20th april as i can no longer afford to stay open and they are refusing to collect my bin or end my contract. when i signed up with them i was qouted £29 per month for a fornighltly collection for my wheelie bin this has now risen to £54 without any notice. they invoice me for alkinds evey few month which was not on my contract, they even sent me wtn and about six days notice of takin about £200 out my account, last month i was invoiced for pre treatment at £80 plus vat without notice. i have an email from them saying they wont end my contract even though i will be closed.

 

[Steve Sellers]

Anyone who has had a fairly recent action against them and have buried them in Court and had a costs order made in their favour please pm the case name and case number if possible. Happy to explain over pm but not in the public forum - yet.

 

[nationwide]

Hi all,

I have got involved with this company via a takeover of my previous clinical waste carrier. Intially the takeover letter stated that there would be no fundamental change in the contract. Erm only that there was in that my original 'On Request' service had been changed to 'Monthly' - something I didn't want due to the small amount of clinical waste that I produce. In itself is this a change/breech of contract?

I won't go into the nitty gritty yet but needless to say I have had loads of invoices and now a debt collectors letter for unpaid invoices.

Know what? No one has ever turned up to collect my waste. This was the agreement they had in place to collect monthly paid for in advance. I have 5 invoices - 3 for clinical waste. 1 for an 'environmental charge(?) and another for the pre clinical acceptance audit

Given that no one has ever turned up since the takeover (happened in December2011) I have stated that they are in 'REPUDIATORY BREACH OF CONTRACT' . I will now write with recorded delivery that this is the case.

Watch this space

David

 

[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!

 

[mdj101]

And I hope whilst you were there you started proceedings to claim for losses, must equate to a couple of £k. Time, expenses, loss of earnings etc etc.

They will automatically have to pay these. Otherwise you can then take them back to court , if they fail to show or pay you can then ask for a winding up order.

This will also set presedence and anyone else being take to court by them can refer the judge to this case.