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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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clairus99

Clairus99 vs NatWest - hotting up? - **WON**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 354 days.

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Okay - got to Court 9am yesterday to hand in Allocation Questionnaire; although they didn't open for business exactly until 10am, a very nice lady took the form and even called me an hour later to confirm that it was okay that I'd handed it in, "late".

 

Got the copy of Cobbett's AQ on Saturday; they put on it, "Case Management directions cannot be proposed until the Claimant serves a full and detailed reply to the Request for further infomraiton which is due by 26 June 2006. In the light of this the Defendant may amend its Defence or apply to strike out".

 

Therefore I added to mine that full details of account and applied charges (with dates and given reasons) had been supplied at each stage and also when requested, and that other information had not been applicable to CPR Part 18 as this claim was on the small claims track.

 

For some strange reason I didn't feel like putting that on the forum on Saturday for opinions, so I'm hoping it's okay. Whatever, I think it is, so...

 

I'll make sure to come and post here when the next stage happens.


But then again, what do I know?

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Yes it will be OK - Part 18 does not apply to the small claims track.

 

There is no need to respond to part 18 requests other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.

 

Hopefully you will receive full settlement very soon.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks!

 

I'll make sure to come back and update when whatever happens next happens!


But then again, what do I know?

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A settlement will be with you soon. Corbbetts just dig in their heels and take all the time in the world, but they know the inevitable, as do we..

 

Clairus99, what does being an Entertainer entail? :)


If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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I'm watching the post daily...

 

Re "Entertainer" (yes it's a naff term but it sums it all up), I'm a DJ, karaoke host, singer, actor, model, singagram, voice-over, presenter, writer - so I guess "Entertainer" sums it all up.


But then again, what do I know?

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Cheque received today for £1337.79 with accompanying letter containing the usual disclosure proviso.

 

When I've calmed down I'll have a look around to see how other people have said no, but, oh boy, I wanna cash that cheque NOW!!

 

Good luck everyone who's still waiting and DON'T GIVE UP!


But then again, what do I know?

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Congratulations!!

 

When I received the cheque from Cobbetts I replied with a letter including the following:

 

I am willing to accept the amount of £XXXX as full and final settlement.

 

The offer will be accepted under the following conditions:

 

(1) The payment is in full and final settlement of this claim only.

(2) The payment is made unconditionally, specifically:

(3) The payment is not subject to any confidentiality agreement or similar.

 

Please confirm that this is acceptable to you and your client. I will then bank the cheque and write to the Court withdrawing my claim.

Within a few days they replied and said this was ok.

 

When the formalities are out of the way, please complete our bank charges survey.

 

And a donation would be greatly appreciated :)


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Oh! Okay, thanks.

 

Have already done the survey and will be donating, certainly.

 

Feel confident enough about taking on Nationwide (it's at Moneyclaim Online stage) and Alliance & Leicester (LBA in the post) now!!


But then again, what do I know?

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


But then again, what do I know?

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 354 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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