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  1. thanks unclebulgaria67 -for your post, I am a little confused as this is the third set of amended particulars submitted by neighbours and I have already filed two lots of defence documents-this statement is the third amended particulars of claim-filed and the neighbours have not filed any supposrting dosuments as evidence etc-just wondering if i must copy all the relevant defence documents previously submitted-especially as the notice says the defendant must 'serve a statemnt of reply' rather than defence documents. Will wait for any otehr useful posts etc-not feeling like researching the internet etc due to my health
  2. Had my surgery on friday -so still suffering, but had letter today from teh court stating that the case is now by fast track. Claimant to file :-a statement of evidence by the 5th November, and I must serve a statement in rpely by 19th November. Clearly I had the amended particulars of claim last week -which were different from original and they had several crossings out etc-so the court have been made aware of these. In my statement of reply-I have sent in large amounts of defence documents in the past-can I include photo's etc with this statement. The neighbours are saying I have recently erecetd a post in my drive in front of their windw -this has been their over five years-and have CCTV and photographic evidence-can I include these photo's, and copy of mediation agreement etc-fro 2006 -when the posts issue was discussed-or do I only have to keep it to a statement. Any legal advice please, although not up to typing at the moment -will have to do it next week-if i feel better.
  3. Thanks for your reply. I have just realised that one of the amended parts in the claim form has been totally crossed out -so they have schedule points 1,3,4 and 5-so not sure why they have crossed out point two -and if they have crossed it out on the court copy. Other point is the date, they have a typed back page -with statement of truth on-and the date is typed as 30th may -to which they have crossed the may out and changed to october -so again I have my doubts if this is now a legal document -as they have not initialled any changes etc. Certainly right -they are neighbours form hell -problem being their alcoholism and then their behaviour being abusive, swearing etc-the fact is they are so convincing when they lie. Thanks for your post and any other information you may be able to find out -I will ring the court tomorrow .
  4. I have not heard anything form the court, but the neighbours have been swearing and abusing me all weekend -stating that they won the hearing. The hearing was to give them permission to replace an outward opening window in their boundary wall with another window (despite it being only six years since this was done), and to repair the rendering in their boundary wall, and repair their roof -which was re-done in 2011. Since 2006-I have been subjected to harassment -ongoing from the alcoholic neighbours (who is an uncle and wife), he then replaced a non opeing window one day whilst I was at work with one which had two openers -which opened 20 inches over my driveway. Due to a narrow driveay I had to close the window to get in/out of my drive-anyway lots has happened, she had a polcie caution and we attended mediation. I was informed to install a post on the boundary of my property -to stop the window opening over my narrow drive -this was done in 2007 -and I have CCTV footage of this, and letters from their solicitor instructing me to remove the post and CCTV -in 2007-no action was taken. There have been numerous alleagtions made against me -including me damaging the window, driving at the neighbour, photographing them, pulling their cement rendering off -all confirmed as false -no action ever taken -as my CCTV supported my comments. They submiitted an application in March 2012-to replace the window and repair the rendering, they then submitted an amended particulars of claim in april -and i filed defence in June. Anyway, the hearing was listed for last friday-and not heairng from the court i dont know what has happened. I have today received an amended particulars of claim -assume from the neighbours -as it is her writing, no letter or anything-so I will wait for the court -as i dont know who has given them permission to alter their claim. I don't know how many amended particulars of claim anybody can submit -this is their third one, and I thought they needed the court of parties permission-which has not been given? Anyway, their statement of truth contains two glaring lies:- it states they have been denied access for six years -i have evidence to prove they have been on numerous times during the past few years and caused damage to my property -with paint etc -hence the reason that i deny access to the neighbours on grounds of their continued harassment and damage to my property. it states that I have recently erected a post by their window -thsi was in August in 2007 -and i have cctv footage of this and letters from their solicitor instructing me to move the post. The post was installed on health and safety grounds as I was trying to get off my drive and she would open the window -the police told me that i must not hit the window as it would be deemed criminal damage -hence the reason for the post-to allow the window to open to their boundary. Their boundary wall runs alongside my driveway, and he was informed to fit a limiter to his window -which he refused and the council took no action, his previous window never opened. The application to replace the window should be refused under the access to neighboruing land act -as the window is only 6 years old -and it is not essential maintenance. Can anybody please advise me of the best way to respond -assuming I get the same from the court-as i need to make the court/judge aware that the statement of truth contains two obvious lies -which I cna prove, as this is what the neighbours keep doing with the police and then i have to prove myself everytime. They are both alcoholics, and the weekends are horrendous, their language is swearing/shouting and name calling-the words he used at the weekend and names he called me are not repeatable on this forum -I need to let the judge be aware of this. Any guidance please, help, still feeling ill an wanting surgery -so appreciate any help/advice .
  5. Thanks for your post. The legal cover in my house insurance will not cover me as I approached them in March -when everything started and as they arranged mediation in the past and funded a solicitor etc they will not fund any further neighbour issues-as they stated that the chance of me winning the case is only 50/50-so they are no use unfortunately. Will try and find asolicitor who will offer an initial appointment free of charge -if possible, many thanks for the link.
  6. The reason I cannot do the conference call is the cost element-that I was being forced to pay the costs -when I am currently only on SSP, the phone number situation-the claimants were written to at the end of sept and refused to pass on their phone number to me. I have informed the Court of this and they have refused to let me know their number -if they have it on file. The other reason is my health-the GP had stated that I should not engage in a hearing (attend or phone)until I have had further surgery-due to the affect it will have on my health-which he is concerned about. I am on maximum anti-depressants, maximum pain killers-including morphine, I am on medication for a tachyardia and if I am put under any more stress then my operation may have to be delayed -due to the tachyardia-which must not happen as without this operation my stomach wound will not heal -currently it is 23 weeks (approx)since my major op, I am still have to have dressings on it every day -this is also as a result of the added stress from the neighbours which has affected my healing-and the fact that the court released private medical information of mine to the neighbours and they have used it in harassment against me -recorded on CCTV for evidence. Unfortunately, I don't have anyone who could go tomorrow-as I have not used a solicitor-due to the cost implication, and the fact that I have not been well enough to even get out to go and see a solicitor.
  7. Letter delivered to the court -the lady on the desk said to my friend"dont know why she has sent this it means nothing and the hearing will still go ahead", my friend was left speechless and replied "the lady is poorly and cannot attend " to which the response was "nothing we can do, it will still go ahead". So have to wait and see what happens. If it does go ahead and I have to do the set a side application-is this on the N244 form-and is their any time limit for completing (everything else revolves around 14 days?) Thanks you.
  8. Thanks andyorch-this is certainly worth knowing, the court are aware that I have only been getting SSP since April -this will now be ESA-yet they still insisted in their letter that I would be responsible for the costs:- "the defendant must arrange the telephone conference call with one of the organisations listed below and is also responsible for all costs incurred". The call was to be arranged with BT or legal direct. The other issue was the fact that the Claimants refuse to give me their phone number anyway -so all in all its been a total mess, in addition to feeling ill. I had surgery in May and I am now at the mercy of the nhs to have further surgery following complications -I just wished I could get that done and then at least recover and feel better. A letter has been typed to the court, mp and ministry of justice and copies of the medical statement from the GP -thanks so much for your help. I was at the end of my tether with everything and was so glad that I posted on here for help/advice etc. Will update when I have a reply-again Thank you.
  9. Many thanks for your quick and helpful advice. The doctors sent the medical statement directly to the court -so I have rung my GP and my relative is picking a copy of this up from the surgery, this incidcated I had to udnergo further surgery and would not be fit to engage in any hearing do to my health and that the GP would inform the court as soon as I had undergone surgery -as then I will still need around two-three weeks to recover from surgery -with no driving etc. My relative is calling on me to type up some letters and has offered to hand deliever to the court tomorrow. Many thanks for the advice-again, I really appreciate this as I am unable to concentrate on anything at all due to my health -and haven't slept for months at night in excess of two/three hours as I am in so much pain. Thanks to all for your advice. Forgot to mention that I am exempt from fees for the N244 -but the telephone conf call costs around £65.00 from what I understand.
  10. My neighbour started a case in April-and requested acces sonto my property for maintenance. He was told to file an amended particulars of Claim -which he did in June (9 weeks later although the guideleines state 14 days), I then filed my defence documents and the case was listed for a directions heairng in September. I underwent surgery in May and I am waiting for furtehr surgery due to complications and so my GP sent in a medical statement. I filed an N244 and the case was adjourned. The case has been rescheduled for this Friday despite my GP sending in a furtehr medical statement stating that I am not fit to engage in ahearing until I have undergone further surgery. The court sent a letter insising that I arrange for a telephone conf call and pay the costs. I have written back to the court saying I am not in a financial situation to pay £65.00 -as I am only on SSP -having been off work since April, and I do not have the claimants phone number to arrange the eharing. The court have now replied saying that I must attend or must arrange the hearing -despite my GP sending in a statement informing them I am waiting urgent surgery -(to have stitches removed which have failed to dissolve from my previous operation)-resulting in a local anaeasethic and having the wound reopened again-I saw the conusltant five weeks ago and was told I will receive a phone call in a few weeks as it will be done urgently. Can someone please assist me. The letter form the court jsut received that I had previously said I had problems with getting to the court -hence the reason to suggest a phone hearing -which I have never mentioned having problems -it stems from my GP. I am in severe abdominal pain, I am on anti-depressants, maximum painkiller -including morphine and dont know what to do-can the judge insist despite medical statements. I have suffered harassment from this neighbour for 6yrs-the police have been out numerous times to arrest me, fortunately my cctv have proved evidence and no action has ever been taken. The last vsiist was from the police as approx 6 pieces of shredded paper blew into next doors garden when the shredder was emptied-and the police replied. The neighbours are both alcoholics and last weekend has been awful, him shouting and calling me various names which I wont post on here -all because I had been outside at 6.40pm-to go to my freezer and my security light came on-he was going bed and stating that I was standing watching him. PLEASE hope someone can help me -I have limited time, ill health and being forced to attend court when I cannot due to the severity of my pains in my abdomen. Please help me someone -I am at the end of my tether and the neighbours are getting everything they want , so fed up and the fact I am ill and still ecxpected to pay costs -struggling to keep a roof over my ehad as it is -as I live on my own in a semi cottage. Appreciate the time taken for anybody who knows any rules or guidelines on what i should do.
  11. Please, can anybody advise me, as they are still charging unlawful costs -re arrangement fee, etc-per my previous post. Any advice me what to do now? thanks
  12. Reply received from High Court. They have said that they will drop the valuation fee and daily seizure fee of £246.12, but all other costs are payable. Can anybody please advise please, I did send a letter to them as previously listed -re: Arrangement fee -350.00 as no arrangement has been made -for monthly payments etc, Admin Fee-£162.00 Financial management fee - £132.00 Poundage £114.20 I know these fees are not really lawful, can anybody please help me and suggest how I should respond to their letter. I am suprised that it has taken them so long to reply to my letter anyway. How can they justify an arrangement fee, plus all otehr fees - please help/advise, then I can send them a reply asap, as I am annoyed by the fact they are insisting all otehr charges are payable. Thanks for the advice/support so far -just hope it continues.
  13. Two weeks since I sent my letter -and still no reply. I posted it recorded delivery and yet they still havene't replied -in respect of the disputed/unlawful costs which they ahve added.
  14. Can anybody please help me, if they know the answer. the fact that the officer must have called round on Monday -can they do this when I have written diputing the costs-surely they will now try and make me pay for another visit-worried sick, not well, been awake most of the night-totally stressed out. I have emailed them and asked for a reply to the letter -to no avail. Any furtehr assistance or advice please. Thanks
  15. Due to my severe ill health, I am not stopping at home, but family are checking my property and High Court Enforcement Company -have sent an officer again today to collect the debt. The balance has increased over £80.00 - since their updated letter on costs of 26/11. The officer has requested a copy of the court hearing date -for 21st december -which I have emailed again -this was originally sent 15th November 2011 - so she has already had this info. In addition to this she is stating that my letter disputing the costs is being reviewed at present. I am far from happy:- the request for infor -which has alkready been sent -court hearing date on 21st december, the fact that I have disputed fees -letter sent recorded delivery -which she clearly is aware of -and states it is being reviewed-and yet she has still visited, concerened even more now in case she charges further travel etc -but don't think she can as they have already claimed maximum charges. What can I do?? can they collect a debt which I am disputing with them ?? nothing adds up to me either. Worried that I am stopping with famil due to numerous illnesses but also in case she tries to visit again and charges. She knows I am with family, and also is aware of my health issues. Can someone please advice me what to do??, or guide me in the right direction. Please. thanks in anticipation.
  16. Many thanks for your reply. I will send a letter -recorded delivery -to challenge the costs in query-certainly the ones relating to goods seized etc, as nothing has been, also the arrangement fee -as no arrangement has been made plus the other fees -admin and financial management. These all add up to the majority of the £900+-leaving the costs of execution, interest and mileage as ok -but will ask miles travelled. Once again, many thanks for your time to reply. Will let you know the outcome.
  17. THanks for the link -I have tried to look -to no avail, not really able to concentrate etc -but thanks. Having reviewed the fees -I have numerous queries, and would be grateful if somebody can please help me/advise me: cost of execution -this is slightly overcharged -but not worth bothering with at .96p Seizure fee (2.40)and enquiry fee (4.80)-they have stated are statutory -but cannot find any referecne to them Mileage -charged £59.01 - maximum can charge -having looked is £50.00 - overcharge of £9.01 Valuation and seizure fee - is incurred when a levy is carried out over assets -this has never been done, stated that this is £3.52 initial cahrge plus .29 per day -for seizure fee, have never been inside property and done a valuation etc -dispute? charged £223.87 for valuation and 16.36 for daily seizure fee Arrangement fee £50.00 - this is incurred when a repayment plan is agreed -my plan was not agreed -therefore dispute? Administration fee - £162.00, and Financial Management fee £132.00- no mention other than possible miscellaneous expenses -but they must be applied for ?? do I dispute?? Poundage -being sum awarded to officer at set %-could not determine 5 -but charged £114.94 = 3.2%?? I want to send a reply to HCEo -recorded delivery asap, but would like confirmation on charges etc if somebody could please advise me-or if there is a template letter anywhere for overcharges etc, that I can use. If I total the seizure (2.4) enquiry fee (4.8) mileage at (50.00) and poundage (114.94)=£172.14. Clearly my main argument is the valuation fee -which is incurred when a levy is carried out on my assets -which hasn't taken place, arrangement fee - no repayment plan agree, and then the admin and financial management fee -which seem extortionate -but would just like confirmation on prices.
  18. Forgot to mention -receievd letetr from teh court -stating notification had been sent out on 27th October for hearing on 2nd Nov -to both parties. If I wish I can make an application to set aside. This is ridiculous -I had no notice whatsoever, and I am getting penalised all round-not happy:| My concern today though is the above fees -having done some research on this site it does appear that financial man fee and admin fee may also be questioned - having read the article by John Kruse -re miscellanous costs etc. Please can someone help -cannot find any guidelines at all re fees on internet. thanks
  19. I have received a breakdown of costs in the post -must have been in the post when I emailed. However, looking down the list I do not agree with some of the costs, can anybody please advice me accordingly-as I can see the amount is increasing daily -but do not want to have to pay for items which are incorrect: Cost of execution £111.75 Interest 8% £26.62 Officer costs: Seizure fee - £2.40-nothing seized and not seen officer - dispute? Enquiry fee - £4.80 Mileage £59.01 Valuation fee - £223.87-nothing has been valued etc-not been in property Daily seizure Fee - £16.36 - ??? Arrangement fee - £50.00 Admin fee - £162.00 Financial management fee - £132.00 Poundage - £114.94 resulting in total costs of £903.75 I am very confused-the officer has been twice and has not been in my property -I thought valuation fee, poundage etc -all related to them seizing items. As for teh arrangement fee -it states that this is incurred when an arrangement plan is agreed -but my plan was not accepted -and tehrefore dispute this fee? Please help me - any advice will be appreciated. If these are incorrect, I have read somewhere that I would need to fill in another form - please can anyone advise me. Thanks in anticipation of your reply.
  20. Many thanks for your advice. I really appreciate the help you have given me, I will email the chairman of the high court enfocement officers association today with the request. Once again, many thanks for your support and advice, clearly I have been following advice as given by CAB as well -which clearly is valuable but obvioulsy you are more experienced with these issues/situations etc., and I do need to keep requests 'to the point'-as you have suggested. Once again, thanks you.
  21. Thanks for your reply again. I have copied across the email which was sent to HCEO -Colwyn Bay office on Tuesday 15th November, to date I have not received any reply to my letter from 26th October, 11th November and 15th November-all requesting a breakdown of fees/costs etc. HIGH COURT REFERENCE xxxxxxx xxxxx 15.11.11 Dear Ms , Further to our telephone conversation today, I have attached a copy of the letter in respect of the forthcoming court hearing for December 2011 at 12.45pm. I have also attached a copy of the ‘proof of postage’ from 27th October and 11th November –of letters which have been sent to your office asking for a detailed breakdown of costs etc. Clearly, I have taken advice in respect of this matter and have been advised that a full schedule/breakdown should be sent to me to inform me of costs etc. I am also aware that interest cannot be charged until the set aside hearing takes place –21st December as it is currently ‘on hold’. I can confirm that I have been instructed to pay £297.00 to xxxxxxxxx, as a result of a letter which he sent to me saying that I must pay for non attendance at the hearing –which I knew nothing about. xxxxxxxx stated that this must be paid in 14 days, I have written to the court and I am still awaiting their reply. Please find attached a copy of the letter to the court about the hearing, together with copy of the date for the hearing and proof of postage of letters/request for information from your office. I will dispute the £297.00 as I have not received any notification. As previously discussed, I have made several objections to costs and disputed some of the costs, so I will be grateful if you please supply me with the following information:- 1)Detailed breakdown of all fees and charges made to my account (£1197.49 to date -15.11.11) 2)Reasons why the charges have been incurred 3)Details of the High Court which issued the warrant I have been advised that you are obliged to provide the above information. As discussed in our telephone converstaion earlier, I can confirm that I have been stopping with family as a result of my ill health and have not had the three/four holidays which Mrs xxxx had told your company in a telephone call. I dispute the various accusations which xxxx is making (holidays, money etc), this is an on-going issue which I have tried to get stopped-to no avail. I will contact you as soon as I have a reply from the courts about the hearing –which was supposedly held on 2nd November? Yours sincerely,
  22. Full apologies for the confusion -I have two issues at present:- 1-supposedly there was a hearing on 2nd november -which refused my set a side application. I have ehard nothing form the court -but NFH solicitor has stated that I must pay his costs of £297.00 -to attend this hearing, as far as i know the eharing is 21st december -I have rung the court -no info and have written to them almost three week ago -recorded del and still no info. The NFH sol -is now threatening furtehr enforcement action if I don't pay his costs for attending this eharing. 2-Costs from HCEO are now £1197.49 -still had no breakdown etc, dispite letters, phone calls, emails. I cannot ask anybody to look into these really until i have a breakdown-which is not forthcoming at all. Once again, my apologies, not really with it totally as many health issues and had an urgent hospital appointment on monday -which was very worrying, still on full medication, morpheine, anti-depressants, etc, not sleeping-hardling drag my self round anymore so tired all teh time. hope this makes the situation clearer, -do i have to pay costs for nfh sol -to attend a hearing which I wasn't informed about?
  23. No, the £297.00 -supposedly was the solicitors costs for attending the hearing on 2nd Novemer -which I knew nothing about-and which the solicitor is saying my set a aside application was refused. How can I be liable for solicitors costs when he attended a hearing I knew nothing about?? CAB-had advised that all interest action etc-will stop from teh day teh set a side application date for teh hearing was announced
  24. Sent letetrs by recorded del -both have been checked and received. Email was sent and a read receipt was returned last week -still no breakdown. Thanks for your info -was previously told that once the court had listed a date for the hearing -21 december -to have the application 'set a side' that the interest and everything else -stops until the hearing takes place. Still have not determined if a hearing went ahead two weeks ago -NFH insisting I pay his costs of £297 -for this hearing, letter sent to court (and received -traced)two weeks ago -no reply and will not give me any info on phone. I am not happy that I should pay NFH costs when I knew nothing about the hearing-no letter from the court informing me. Meanwhile, having horrendous time from NFH, I am stopping with family, everytime I return I get harassed-last night at 7.30pm -they shouted and told me to shut up -when I put wheelie bin out, then she told me to fxxk off, previous week she was swearing and bawling -beacsue I had roses bought me for my birthday -she was clearly jealous. Not only want to settle the issue and move on-NFH cannot stop harassing/shouting every time I come/go.
  25. Please -help me. I have written twice to HCEO for a breakdown, and have emailed -to no avail. How can I get the breakdown from them-what else can I do. I want to make sure that the interest etc is correct as clearly there was an application to have the case set aside -and therefore this should have stopped the interest. Anybody guide me, advise me -I suspect they will call again but will not let me have a breakdown of fees.
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