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audiobookman

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  1. Hiya, Just a quick update, without going into too much detail. The claim has now gone legal. The council refused any claim stating that there is no tree so there is no claim - UNBELIEVABLE. They removed all trace of the evidence and are hiding behind that. We have had a lump of the drive lifted and the root there is massive, it is very clear that that is the cause of our damage. We had a arborist our insurance company employed visit and has written a report very favorable to our position, we are currently waiting for DNA reports to prove beyond any doubt. He was quite surprised the council are even arguing looking though the history of the site (Freedom of information) - and how cut and dry the damage has been from the now removed tree. I cannot go into the case much more now but will update when i can be more specific. Something i would like to add though for anyone in the future - the council are snakes, they worm and wriggle their way through the claim. We have had barrage of inane questions which in every case had been answered if they just looked at the case. This is deliberate, right from the get go they say that over 98% of claims fail and they try to run you round in circles and avoid to answer legitimate questions. They even asked us questions on already answered questions at the same time they refused the claim - i just forwarded them to my solicitor. Keep and photograph EVERYTHING and get freedom of information requests in. Most of all keep calm, follow through until they refuse the claim (which seems to be the norm) then get your solicitor involved. In our case we got our legal cover in place early so we could keep them aware of the situation without having to explain it all in one go. Our home insurance legal cover has been a god send. The way they have it set up is they make you question your claim and make you feel like you are in the wrong and just claiming for money even though they have caused the damage. Just remember that if you cause damage to council property see what they will do......
  2. Hello, thanks for the frank and honest post. We have had an update, on weds evening a van turned up and put cones outside our house, then in the morning a tree local services truck turned up to evaluate the site. The guy that turned up the evening before had requested the arb team to check the site. The arborist told me that the council won't remove any healthy tree so it would most likely remain he would let me know when he has spoken to the highways team. About 30 mins later he changed his tune, the highways guys said the job couldn't be done without the tree being removed - the roots had gone under the kerbstones and lifted them as well as our driveway. The tree had to go. The tree was duly removed then the poor workers spend all day thurs and friday removing the huge root. The root was over a foot in diameter 4 meters away from the trunk. We now have the kerbs reinstated and waiting for tarmac to be done on monday, so really good news now and things are moving on. Regarding our claim. We moved in in 2017, at the time as shown on our full structure survey only minor settlement cracks on the other side of the drive were there, there was no other damage. The drive was stated as in good state of repair and i would have expected many many more years of use out of it. If there had been a problem with the drive i would have knocked the estimated value of the price of purchase. All the reports up until we put our claim in were for footpath and kerbstone damage - this is clear in the freedom of information pack I have. The damage to the highway was the problem that i've complained about and previous owners and third parties have also complained about. The damage on our drive is a new feature - if you can call it that. I can prove that its new through our survey and google maps. We never spoke to the MP in the end, I sent an email expressing my worry about the state of the footpath and the serious safety issues that are out there. They had already said 3 months before it would be viewed so something prompted their action - maybe the freedom of information request that i forwarded to the claim officer showed i was serious - who knows. Thanks people, i'm just pleased that no one is going to now get hurt when the job is completed. My claim is more a long term thing but i can wait now as the damage is done but it wont now get any worse. thanks
  3. Hiya, Ive already had quotes and they are shocking. No one will touch it until the council has sorted the problem, driveway has to be changed. Ive just exposed the roots on our property thats causing some of the damage, but looking further at our drive now we have a massive new crack that has gone to our house (wasnt there only a few months back). Our builder has said he will come over with a digger to expose more but i think i have enough evidence now. I would rather not contact local press but MP might be a good option, i think he lives in our street. IMG_20200727_153928.pdf
  4. Just had a full freedom of information request delivered. Shocking, reports going back to 2006 over damaged caused by tree roots at front of our property. Would this count as "Foreseeability" that the council will only admit liability if this is confirmed?. In the council reports they say tree root damage, then "action required" then no follow ups (2015), then the annual inspection in 2017 it shows damage again with "no action required"..... the damage is still apparent today. I'm not claiming for car damage, there really is no point now. But the damage it has caused to the driveway i want sorted. like you can see it is dangerous. We have a special needs school at the end of the road and the parents often park along our road - i don't need to say more. Thanks
  5. Hi thanks for the replies. There is no order on the tree as far as I'm aware, there are other trees on the road that haven't caused any problems so you are probably correct with it not being planted deep enough soil is too shallow. I don't know when it was planted, but again assume your correct. The house was built in the 20s or 30s so it could easily be that age.
  6. Hello, After some guidance. sorry if drawn out.... Our local authority has a sycamore tree on the footpath outside our property. We moved in in 2017 and the damage was apparent to the public highways and footpath that the roots were travelling under the tarmac. In 2019 i decided enough was enough and reported it to the council as a defect (car got damaged). When i was on the page i noticed a large amount of reports for the same issue going back years. The report went in but the council decided no further action would be taken and they would "monitor the situation". In feb 2020 the area was marked up by paint and a bit of tarmac was sprinkled in the gaps (no word of a lie absolutely pathetic repair), i went on the site that does the reports and notice that work was due to be scheduled - but all the previous reports were strangely missing. Ive since had to stop using my drive as i cannot access it without causing damage to my car ( its damaged my car twice as the drop kerb is now sticking up at an odd angle) - undertray torn off and seal on car bent) In june my front brick wall then became unstable so we had to call a builder to put the job right. He pointed out that the wall had become unstable because the footings have probally been damaged by the tree roots, he also said he would not be able to correct the work until the problem is corrected by the council (not safe to do so). He then showed me that the damage had also lifted my pressed concrete drive way that wasn't there only a short while back. I then put the council on notice that we would have to claim pending quotes to recitfie the damage. After having a few people over they all confirmed the worst, the drive wasnt repairable and would need to be replaced because of the damaged caused by the root system. The drive would need to be lifted and any roots removed before it could be repaired - not possible on a solid concrete pad. I submitted a claim and have also contacted my legal cover with the insurance - my insurance has said to let the council investigate before they would take action - fair enough. We also sent of for Freedom of information request. The letter i got of the council was laughable, it stated that they would take 3 months to even look at the site because of covid - even though i stated to them its in an unsafe condition, they had already marked up the area to be repaired, and they have a history of problems with the tree. They also pointed out that 90% of claims are rejected as the council couldn't predict there would be a problem - this is the reason why i told my insurance as we have liability problem with our driveway and wanted to be covered in case of an third party accident. The letter they sent also said the quotes we have are too high as its block paved and could be repaired - the claim stated 3 times it was pressed concrete drive. They said the arbs team would have to admit liabilty but they wouldn't replace the drive because its block .... duh. Then we had the freedom of information finally turn up. It only went back to 2018, none of the previous reports from the old owner that were so clearly seen when i first reported the problem, this has been asked for in a follow up. I feel like the local authority is trying to fob us off, we didnt cause the damage and i think it is highly unfair that they are causing us great expense and inconvenience though no fault of our own. I feel that if they had acted on our report back in 2019 or thier own walk around check in 2018 i wouldn't be looking at replacing my driveway. They have had problems before as the rest of the street has stone pavers but infront of our house is tarmac - i suspect they laid tarmac because the tree lifted the original pavers Has anyone else have any ideas how to get them to take this seriously, i told council they had got it wrong about the drive being block but not heard since. Pretty sure im being ignored now. Attached is the front - our drive has lifted more since that photo was taken. The car on the drive is the only one i can now get on there safely. Many thanks.. IMG_20200618_203824_compressed.pdf IMG_20200621_173526_compressed.pdf
  7. Noodle does give a number but im now 100% sure its taken out of thin air, if you look at the full report it will give 1-5 but a number under it. Mine is 554 (2) where it has stayed for over a year, even though i payed off two loans - stayed in the black, payed of a large proportion of my mortgage, and the one and only default fell off in july (SB).
  8. LMAO i used to do this with a sheet of black paper (kills the toner) when i used to get spam faxes, it was looped and i would leave it for ages, rinse and repeat. Eventually the spam faxes stopped.
  9. they just done it to me, i ignored and eventually they did a attachment of earnings to pay, i was livid... mine was from 1998 so they say
  10. sabby, i know how you feel, you want these parasites to stop bothering you. Ive / we all have been there on this site, and the advice is the best you can ask for anywhere. DCA's such as the one you are dealing with have ZERO powers, they will huff and puff threaten and always say "may do this" or "may do that". At the end of the day that is as far as they can take it. The agreement you originally agreed to is set in stone, the DCA cannot change it, if housing benefit is not mentioned as a gross part of your income then that they way it is, never to change. You have filled in the form - now forget them, any other paperwork they send you just file away, ignore the parasites they want you to reply - by you replying they will rebuttal and you will end up in letter tennis and a heap load of stress. The government for some strange reason decided to make a quick couple of quid and sold the debts, your conditions are the same, they cannot mark your credit file even if they do so what?!. You have stated you have worked hard to clear it but at the end of the day if your not planning a mortgage etc how is this going to affect you unless you work for the police or a financial body. If they do you should be able to get it removed. Relax, dont worry about it, i was like you and lost sleep because of a toothless DCA that even came to my door. Life is to short to worry about this. DX is top read though what he has said and you wont go wrong. regards
  11. Thanks guys this is interesting, two different views, my take is that for a account to be statute barred then i would have to have acknowledged the account within the 6 years of the final payment, be it via letter or payment. BUT under the offset ruling a bank account can take funds without permission under law. So if you had a savings account with the bank and get to 5 years 11 months - under what dotty50 says they could take payment and effectively reset the clock. I dont think that would be fair or just as the account holder has not acknowledged the account, so i tend to sway towards thinking it would not reset the clock. Im just amazed that accounts under legal dispute can be collected on in this way.
  12. what is that ive never heard of that? They decided to take payment direct from my account without my authority after the first missed payment, i had already set the ball in motion to move my account over to natwest so hadn't used that account, i was waiting for my funds / direct debits to transfer over, the halifax took the payment then closed the band account. I was only paying them beforehand via direct bank transfer and never set up a direct debit with em. i realised what they had done at the time but did not feel inclined to chase as i was away from that bank. thanks i just looked up the rule, thats excatly what they have done. BUT the account was already 2 months or so in dispute at the time so im not sure how they legally could have done that. as they took the payment without my express authority i take it i am sb now as they took payment under shady if not illegal manor
  13. hi guys well im sure im now sb, but there is an issue. My last payment to halifax was in may 2009 after they failed to issue cca. I didnt pay in june. BUT they took payment direct from my current account in july, just while the account was in limbo during its transferre. Could i argue that the debt is now sb or would i have to wait until july when they effectively stole from my current account for the clock to count down?. cheers
  14. the file wont fall off until jan 2016?, or will it be sept 2016 because of the second default? The original default notice i got was back in sept 2009 so halifax waiting until jan is acceptable? thanks
  15. Hi guys and gals Ive got a problem with noodle, i have a default notice put on my file 5 or 6 months after the notice back in 2009-10 then they put another default notice in sept 10. here is the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?196210-Halifax-cc-cca&p=4703400&viewfull=1#post4703400 sorry admin if this a problem but i thought i would highlight it in this room as it is specific to credit ref agencys is this grounds to have the markers removed, i was sure they could only default you once. many thanks
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