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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To want to sue the council

60 replies

piscis · 25/07/2018 09:58

I will try to make this as brief as I can...

We bought a new beautiful house and got the keys on the 6th July.
My partner talked to the council (Sutton) in advance to organize our waste collection as we were the first ones moving into the development. We are told the waste bins take a few weeks to get but
we are told the first collection for us will be on the 16th anyway(long time...), to just leave the bags outside. That day, I heard a waste collection truck stopping in the houses nearby and to my horror it doesn't come to our house, I was desperate to have our rubbish taken (we obviously couldn't wait another week!!), so go outside running after the truck. I couldn't catch that one but I find another one and ask the guys to collect our rubbish. They say that's not part of their route but they agree to pick it up this time as a favour.
After this, more calls and emails to the council to complain and say if this is going to be sorted and if they will will be picking it up next time, they say yes, of course. It comes this Monday and guess what, rubbish doesn't get picked up, we put it back in the garden for the night, talk to the council again, they say there was a problem but it will be picked up the day after...same thing, nothing! by today our rubbish has worms!! We've got a one year old baby and nappies to dispose of too. This is getting outrageous. I am FUMING, this is spoiling the experience of moving to our new house. What are we supposed to do now?? The council are worthless, whatever they say we cannnot trust obviously.
Is there a way to organize a private waste collection service?
Where can we complain formally? I have sent them messages on social media to shame them, I will be making a complaint to the Ombudsman? Local councillor? AIBU to be thinking about suing them? they are being negligent, this is a health and safety issue, and we've got a 1 year old baby!!! AIBU to think this is outrageous and more in this heat??
I don't know what else I can do...

OP posts:

SoapOnARoap · 25/07/2018 10:40

I think you have every right to get excited about this, It’s not on. An email to a local councillor with the MP copied in, should do the trick

GhoulWithADragonTattoo · 25/07/2018 10:51

Formal complaint to the Council. I'm guessing the Council only collect rubbish in bins usually so are not picking up the bagged rubbish. I must admit I don't think this is too bad given that the other truck took most of your rubbish. They've only missed one collection effectively. And the problems will probably go once you have your bins.

Tretchikoff · 25/07/2018 11:03

I have just had this exact same thing happen.
New build. Ten weeks without refuse and recycling collection (twelve weeks without bins and boxes).
We at least had a skip to use that the developer provided.
The problem was that our street had not been added to the run. The developer has to request this (an individual cannot). We raised a complaint with developer and local Council and within a few days we were added to the run and our street was searchable on Council website.
I'm in Scotland though.

Chocolatecoffeeaddict · 25/07/2018 11:09

ObviousNC101, presuming OP pays council tax, then why should she go to the tip?

DGRossetti · 25/07/2018 11:15

What are your losses? That’s the reason for suing anyone. You are annoyed, rightly, but have no financial loss.

The council is under no obligation to the individual householder to provide a waste collection service. Their obligations are under acts of parliament as I found out when I wondered about reclaiming the proportion of my council tax that goes to refuse collection last year.

Interestingly enough they were obliged to provide recompense for the green waste service. But that's because they actually charge for that separately outside of council tax.

While the dispute was going on, there was quite a community spirit ... "The Bearded Broz" went around clearing quite a few bits of the city centre.

itbemay · 25/07/2018 11:17

i would speak to the developer and get them to try and help the situation,

Original poster

piscis · 25/07/2018 11:17

It is not about financial losses. Obviously we are not happy to pay council tax when they do not provide one of the most basic services and we will dispute this of course.

It is more of a health and safety concern. This heat doesn't help. There were worms in the bags (we put 4-5 bags in order to avoid smells but still...), we have no bins, which makes it worse too. We have a baby and plenty of nappies to dispose of...I understand people telling me I have no grounds to sue them, but "first world problems" or "take it to the pit you lazy guys" when we do not have a car.... I guess I am really posh now because I find it unacceptable to live with bags of rubbish with worms on it

OP posts:

Original poster

piscis · 25/07/2018 11:19

I'm guessing the Council only collect rubbish in bins usually so are not picking up the bagged rubbish. I must admit I don't think this is too bad given that the other truck took most of your rubbish. They've only missed one collection effectively. And the problems will probably go once you have your bins.

But they know it is in bags and they have told us many times they will pick it up anyways (but it hasn't happened). We won't have any bins until the 6th August, that's a month after the day we moved in.

OP posts:

INeedMoreCakeInMyLife · 25/07/2018 11:23

When I moved Into a new build it took 14 weeks for rubbish collections to get sorted. Every week we had to phone up.. Unfortunately at the time I had no car and dp worked hours the tip was open so we couldn't even take it. Luckily its a bin storage room too but with everyone using it it was very full and smelly.

LakieLady · 25/07/2018 11:29

The problem also is that we do not have bins,

This always makes me chuckle. Councils are not obliged to provide bins, although some choose to.

If lack of a bin is an issue, go online and bloody buy one!

gamerchick · 25/07/2018 11:32

Go online any buy a wheelie bin.

gamerchick · 25/07/2018 11:34

You're getting smart replies because you can almost see the foot stamping tantrum. Be proactive, keep on at them and in 6 months it'll be forgotten about.

IsBrexitOverYet · 25/07/2018 11:36

Can you carry the bin bags down to where they collect

GhoulWithADragonTattoo · 25/07/2018 11:37

I know they’ve said they will take in bags but haven’t because message hasn’t got through to crews on the ground. This is worth a complaint and asking them to collect straightaway. But your suggestion of suing is not appropriate.

LakieLady · 25/07/2018 11:39

Sutton are renowned for poor rubiish collection - they changed heir service last year and people were left without collections for weeks.

Brighton has a lot of problems, too. They had a strike that went on for ages a couple of years ago, then issues when a different contractor won the contract more recently.

Compulsory competitive tendering is a pretty shit model when it comes to waste collection, imo. It's too important to be done on the cheap. Another Sussex council is currently having no end of problems with its new contractor, too.

Original poster

piscis · 25/07/2018 11:39

If lack of a bin is an issue, go online and bloody buy one!

We haven't bought one because when the council was saying " leave the rubbish outside in bags x day and it will be collected" we actually trusted them, so there was no issue with no having a bin outside (we've got a normal bin inside). The rubbish was inside and we would take the rubbish out the day we were told by them. If the council did what they said they were going to do, there wouldn't be an issue. After three days of the rubbish being left outside for the day (because the council have asked us to do that) it becomes a problem, because it is too hot. If I knew the council were so untrustworthy, I would have definitely bough it!

OP posts:

Anya278 · 25/07/2018 11:41

Don't show up at the council with your rubbish, it's officially a fly tip and you don't need to deal with that as well.

I understand the frustration but I really hope you're not taking it out on the poor person answering the phone at the council, my sister works for her district council answering calls about refuse and the vile names she's been called over the years are unreal. People lose reasonable perspective when it comes to their bins sometimes.

Hidillyho · 25/07/2018 11:45

Can’t you just take the rubbish down the road to the road it’s currently being collected from?

The council won’t be quick with supplying a bin. You know this so just purchase one

rosablue · 25/07/2018 11:45

Round here if they miss a house you can ring the council up and they are supposed to send a truck to pick it up. Worth a try.

Also find out who your local counciller is and ask them to help. Escalate to your mp if still no joy...

Original poster

piscis · 25/07/2018 11:46

Don't show up at the council with your rubbish, it's officially a fly tip and you don't need to deal with that as well
Of course I won't, I do not have a car, if I cannot take it to the pit, I cannot take it to the council

OP posts:

rushhourtraffic · 25/07/2018 11:47

If you get really desperate google private bin rubbish removal for your area. There will be someone who can collect your rubbish for a fee and then claim it back from the council.
I missed the bins once and had to call someone and it was actually quite cheap and the guy said he would take my garden waste too. Just make sure they have the relevant paperwork for the tip or they may fly tip it and you don't want that.

ANutAsBigAsABoulder · 25/07/2018 11:54

Yes you would be unreasonable to sue the council. You need to go through the proper channels of complaining about this, however annoying that is. If you go to the Ombudsman without having made a proper complaint, they’ll just ask you to go back and start again, same with Councillors and MPs:

report missed bin collection each and every time www.sutton.gov.uk/info/200449/waste_and_recycling/1170/report_a_missed_bin_collection

Make a formal complaint using the Council’s formal process: www.sutton.gov.uk/info/200436/customer_services/1058/feedback_complaints_and_compliments

Then, let your local councillor/s know that you are having ongoing issues. You can find yours here www.sutton.gov.uk/info/200644/councillors_the_mayor_mps_meps_and_committees/1704/find_my_local_councillor_mp_or_mep

Also find out who the Councillor is who has specific responsibilities for the bin collection service. Let them know that there’s an issue as well.

In all likelihood, the bin collections are run by a private company that has a council contract. They need geeing up to do their job properly, so it’s worth asking the council to arrange a special one-off collection glfor you as it’s gone on for a month and you have no car to get to the tip and no bin to keep the bags in. If it costs the bin company extra money, they should be better at making sure to collect from you properly. Good luck!

GhoulWithADragonTattoo · 25/07/2018 11:57

It’s probably worth mentioning you don’t have a car in any complaint so no option but to have rubbish collected.

Iamtryingtobenicehere · 25/07/2018 11:59

Why not drive to the tip, just until your council sort out getting you on the route?

JugglingMummyof2 · 25/07/2018 11:59

piscis - I hate to say this but I suspect your rubbish doesn't have worms it has maggots - on the plus side if they leave it much longer it can probably fly itself to the tip.
Sorry you are having a difficult start to your new home - it will be sorted soon.

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