Hello my name is ***** ***** I will help you with this.
For now could you please explain the situation a little more?
Worcester City Council introduced a charge for the Duty of Care Waste Transfer Note this year, when previously there had been no charge.
Their stance is that if I use their collection service I must use their Transfer Note at a cost of £20.00 per annum.
I have spoken to a couple of other service providers and have been told that they do not charge for the Transfer Note. This is an on going contract.
(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Sorry I meant to paste something else.
Are you in contract with the Council?
My contract with them was terminated on July 31st. by myself. I have however raised a complaint that has gone through the Council Complaints procedure and will now be sent to the Ombudsman for their assessment to my complaint.
Ok - and the renewal they want this fee?
Yes. Initially they want to claim the whole amount in 1 go and then they will collect on a quarterly basis.
Ok, so its a new contract and they want to introduce this new charge? This is the final question
It was an on going contract and they wanted to introduce the charge. They had been supplying the Transfer Note as part of the service over a number of previous years.
When you say ongoing, do you know renew it every year? Do their terms and conditions of contract allow them to make new charges?
Every year, their terms state that they can make changes in charges with appropriate notice.
Ok - so have you renewed or have they given notice to change the terms?
They gave notice to change the terms so I didn't renew. It isn't about the charge but the fact that they are insisting that they will only transfer waste when using their forms. Surely as the waste producer I should be able to chose which method I use to hold this information?