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johnhill007

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Everything posted by johnhill007

  1. Excellent advise, that I shall follow, thanks again. Best regards John
  2. That's perfect, thanks. The small tress in my brother-in-laws garden won't get any bigger. However, I have responded with your suggested reply about their much larger conifers in their clients front garden that appear to have caused some damage to their clients own property - putting them on notice. Thanks again.
  3. Thanks King12345, the neighbours have huge conifers in their front garden that have appeared to have caused some cracking to their own front wall - I think I'll put them on notice of that
  4. Some trees were there before, some afterwards. They are small, not sure of the type, but they have had no impact on the wall seperating the properties so the claim was really unfounded. - - - Updated - - - Thanks Honeybee
  5. Hello, My brother-in-law received a lengthy report, from assesors acting for insurers, staing that his trees in the back garden had caused subsidence to his neighbour extention. A complete nonsense as the trees are tiny. My brother in law commisioned his own report which stated that the complaint was utter rubbish - mentioning poor quality build of the extension = basically the claim was frivillous and vexatious. The assesors have now written back stating: I have been advised that, as the level of damage occurring to our insured property is slight, and, taking into account the lack of evidence to support the OCA Report recommendations, at this present time your vegetation removal is no longer required. However, you are placed On Notice of future risk. This means that although your vegetation is no longer requested for removal it has been implicated and therefore must be considered as a future risk. Whilst you have advised you will not be mitigating at this present time you may give consideration to taking some action in the future to prevent any further possible damage occurring to our insured property by your vegetation. My file on this matter is now closed and I thank you for your time in dealing. Tree Mitigation Specialist Oriel Services Limited Oakleigh House, 14-16 Park Place, Cardiff, CF10 3DQ, GB My brother-in-law clearly doesn't want the threat hanging over him, having to mention this to his own future insurers, but is not sure how he should respond to counter this - any ideas please? Perhaps respond that his neighbours are also on notice of their vexatious complaint, or something.. basically put up or shut up. Regards John
  6. Finally, it went to court - they didn't turn up, they sent a letter the next day saying we had settled and they were dropping the case - news to me, didn't pay a penny apart from the contribution o this site - good job guys, and thanks again..
  7. Thanks Mike. p.s. contribution has been made for the upkeep of this fine site/service.
  8. Yes a copy of the Bill of Sale was obtained from the purchaser of the car and submitted with my sons Defence. The case though does not appear to relate to the PE v Beavis case in front of the SC. Happy to let things play out, but I can't see it has any baring on my sons case.
  9. Mike, Nothing for ages now a letter from the Court saying: 1. Claim stayed pending appeal of claim to the Supreme Court 2. Claimant shall inform the Court once the Supreme Court's judgement is delivered 3. Any party affected by this order may apply to have it set aside, varied or stayed.. I could be wrong but it sounds like PE have others in the same position as my son.. will keep you posted. PM me if the details (names) are of interest. Thanks again. John
  10. Thanks Mike, The other 11 pages were just dross; picture of the car in the car park, copies of their ever increasing invoice, etc nothing that appeared relevant. Not sure why they feel above the law in everyone having to respond to their invoices and demands. Perhaps they can explain this to the Judge if they dare show their face in court.. I'll have my son make an extra search for that Bill of Sale you mentioned. Does my son respond to this or should he simply wait for the Court papers to come through with the date and respond then? Thanks again John
  11. Hi, PE have responded to my sons Defence (copy attached). First part relates to the Claim then they seem to have done a copy and paste job as if my son was there and had seen all their pretty sign-age. Doubtless my son will win the day from just being honest, but would appreciate it if you could cast your eye over what these rouges have responded with in case he does need to ask the new owner to come along and state the facts. Thanks again. John
  12. Hi Mike. Confirmation from the Court received today that Defence has been filed and passed on to PE. Note to self: 1. Respond in good time 2. Web based responses don't always work on this site - so file manually 3. Contribute £45 to CAG when matter settled this being, in my opinion, the amount a 'reasonable' charge would have been for overstaying the parking limit. Shame about the decision announced in the High Court today about PE, I'm sure this will get sorted out on Appeal. Thanks again, good to have the help of experts. Cheers John
  13. Not quite sure. My son contacted the court and they said they had been having technical problems but they confirmed receipt of the Defence and that we should have written confirmation from them in @ 4days. I was hoping to post again when we have this - tomorrow or Friday. Will post a note here. Thanks again.
  14. Hi Mike, I filed by email (as suggested) my son called the court and was initially told we had until 4pm to file. I was out of the area and so he was asked to send again to both these addresses: mcol@hmcts.gsi.gov.uk ccbcdefendants@hmcts.gsi.gov.uk I've come to this site before trying to log on again - will check now and let you know what that says, if I can get on it. Thanks again John
  15. I'll pay the set-aside fee if necessary, and claim for that matter, it's the principal that counts. Would the Set-aside fee normally be recoverable if we gave PE another chance to withdraw prior to making the request?
  16. Thanks Mike, my fault just got tied up with other matters - will send email as suggested. Thanks again.
  17. Trying to but the online system is saying the Claim ref or p/w is incorrect - taking it off the Claim Form so can't understand..
  18. Hi Mike, I read the template that you directed me to and should be able to use that, together with the guidance you've provided, to put a solid Defence in. Have been busy at work so plan to get this off tomorrow - hopefully still in time. Cheers John
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