AES Waste collectoin

rathcairn

Having signed up to AES bin service i decided to read the small (and I mean small)print at the back of the contract, it appears that they have more legal authority than either the gardai or customs as it states in paragraph 6.2 "AES may re-take possession of the equipment at any time. For this purpose AES may visit (and AES and its authorised agents are hereby expressly authorised to enter) any premises of the Customer or third party where the equipment is kept for the purpose of taking possession of the equipment"
Surely Bord na Mona is not an arm of the courts in that it can grant such action

Amtmann

Moved from the Tipperary forum.

maxer68

That's fairly standard retention of title stuff. Basically they are giving you a bin / compactor or other equipment. If you end the contract or don't pay, they can reposses their equipment event though it may be on your property.

Nothing in any way unusual about this whatsoever.

fatboypee

Its standard but the 'Any time' makes me chuckle. TWO years after I ended the contract with AES last week the came looking for their bins ! They came in and simply took one of them (got a phone call about that saying "we cannot close your account until we have the bins! :rolleyes:), amusingly, the one they snuck in and took was the big 40 litre and it was full of ash..

maxer68

fatboypee wrote: »

the one they snuck in and took was the big 40 litre and it was full of ash..

did they sneak in? or did they simply drive up, walk around the back and take the bin? - just as they are entitled to?

As for ash in it - they are a waste company, so this was no issue.


Look at it another way. You give me your lawnmower on loan, I don't bother giving it back to you. You want to cut your lawn today and I'm not in, yet the mower is sitting in my back garden - what do you do?


Its not sneaky or wrong or any way bad form to simply take back what is yours.

Access

maxer68 wrote: »

Its not sneaky or wrong or any way bad form to simply take back what is yours.

Agree totally... cant see any problem here... not really an issue surely?

hdowney

but (and i am just curious here) say the bin was located in my back garden, there is a gate to my garden, which used to be secured by a simple lock (similar to the ones on bathrooms stall doors, the pull open types).

however due to coming home on a number of occasions and finding some cnut (no idea who) had for whatever purpose opened the gate and left it open (thereby allowing me dogs free onto a massively busy road), i bought and installed a padlock locking mechanism on the gate. so now the only way to open the gate and access the garden would be with a key or to break the lock, thereby leaving the gate swinging again.

would they be within their rights, if i was not home, to break the lock to access my garden? now i would not be in any way stopping them from retrieving their property should they want it. if they contacted me we could arrange a suitable time for them to call when i am home to collect, or i could leave it outside the gate if i was not going to be home. but if i am to be out the gate is locked, and i would have serious issues with someone breaking the lock on my gate for any reason, especially since it would again let the dogs loose onto a major road.

ejmaztec

hdowney wrote: »

but (and i am just curious here) say the bin was located in my back garden, there is a gate to my garden, which used to be secured by a simple lock (similar to the ones on bathrooms stall doors, the pull open types).

however due to coming home on a number of occasions and finding some cnut (no idea who) had for whatever purpose opened the gate and left it open (thereby allowing me dogs free onto a massively busy road), i bought and installed a padlock locking mechanism on the gate. so now the only way to open the gate and access the garden would be with a key or to break the lock, thereby leaving the gate swinging again.

would they be within their rights, if i was not home, to break the lock to access my garden? now i would not be in any way stopping them from retrieving their property should they want it. if they contacted me we could arrange a suitable time for them to call when i am home to collect, or i could leave it outside the gate if i was not going to be home. but if i am to be out the gate is locked, and i would have serious issues with someone breaking the lock on my gate for any reason, especially since it would again let the dogs loose onto a major road.

I would imagine that they'd rather make an appointment with you than get attacked by your dogs.

Breaking your lock would probably be criminal damage.

If you were to leave it outside your gate, you'd have no proof that they were the ones taking it away, and you'd end up with a bill if it went missing.

hdowney

ejmaztec wrote: »

I would imagine that they'd rather make an appointment with you than get attacked by your dogs.

Breaking your lock would probably be criminal damage.

If you were to leave it outside your gate, you'd have no proof that they were the ones taking it away, and you'd end up with a bill if it went missing.

hehe. i wish people were afraid of my dogs, but i think some people are genuinely stupid, the people who let them out for starters, and the gas meter reader! but enough about him!

yes i'd say appointment would be best for everyone concerned, i'll bear that in mind.

fatboypee

Access wrote: »

Agree totally... cant see any problem here... not really an issue surely?

2 points of order in this case:

1. its TWO years since I cancelled the agreement with them. Not once did they ask to come and collect, tell me they would come and collect, or ring to request they be left out.

2. Absolutely an issue someone coming onto my property TWO YEARS after the cancellation of an agreement, without prior notification, or agreement, then have the temerity TWO years after cancellation to inform me they cannot close my account until they get back what is rightfully theirs. I did not borrow a lawnmower ,the company that provided a service to me failed for two years to collect its bins.

Note, I've no issue returning their property whatsoever I do however take issue with people on my property without my knowledge, consensual via a clause in a contract or not, it is both bad business practice and improper in my opinion to leave such collection for two years then casually wander up and into my house and start nosing about for their stuff without at least telephoning me to tell me they are doing so.

maxer68

fatboypee wrote: »

2 points of order in this case:

1. its TWO years since I cancelled the agreement with them. Not once did they ask to come and collect, tell me they would come and collect, or ring to request they be left out.

2. Absolutely an issue someone coming onto my property TWO YEARS after the cancellation of an agreement, without prior notification, or agreement, then have the temerity TWO years after cancellation to inform me they cannot close my account until they get back what is rightfully theirs. I did not borrow a lawnmower ,the company that provided a service to me failed for two years to collect its bins.

Note, I've no issue returning their property whatsoever I do however take issue with people on my property without my knowledge, consensual via a clause in a contract or not, it is both bad business practice and improper in my opinion to leave such collection for two years then casually wander up and into my house and start nosing about for their stuff without at least telephoning me to tell me they are doing so.

You signed the contract, didn't you?

An issue many many years ago thought me to read the small print in every contract and in many cases I've had certain terms withdrawn and in others (such as UTV internet who charge €60 termination fee at end of contract) I avoid at all costs.

They own the bins, end of story. The fact that you have used them for other purposes in the past 2 years has no bearing on it.

You signed a document to allow them to take the bins away from your property, so in legal parlance, you have given them permission to do so.

Now, you can argue this this the cows come home, or move on with life.