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    • 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.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
    • Tie him to a chair with Gaffa Tap.... Sorry thinking out-loud there Keep me posted  
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Canaan

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Hi Canaan, the letter you sent off was the one adapted from x20 wasnt it ?. I dont think you need to send any more letters. That one was fairly self explanatory and the solicitor is well aware of what they should be sending you.

 

You dont need to get your defence in until the 9th so you still have plenty of time in hand. You should give the solicitor at least until Friday to reply to you. It is probably a good idea to leave the defence until a bit nearer the time anyway, that way you dont give too much away to the opposition :)


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Thanks citizenB.

Yes the letter was an adapted x20 one. Ok I will wait till Friday to hear from the solicitor, that will leave me 7 working days to get the defence ready :eek:

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Good morning canaan,

 

I am just posting the letter you sent here so people know where you are at. I believe X20 posted a defence for you in post 48. Whether this will need to be amended before you submit I dont know. You did send your acknowledgement of service back to the court didnt you ?

 

****************************************

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: the default notice

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully


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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB :)

I did send back the acknowledgement straight away. The defence that x20 posted in post #48 was if we were using the fact that they have put personal loan on the court paperwork instead of credit card as it should be, but as x20 said all this would do is buy time, it is not a proper defence. So i need to go for the no CCA defence (but would love to be able to get in the fact that they cocked up the court papers too :grin:) but can live with it if we can't. Also I have read about putting in a defence but asking for the ability to change it if the CCA, or an excuse for a proper CCA, was produced at the last minute.

 

Thanks Canaan

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Yes, you can ask the court for permission to amend your defence should the claimant provide the documents you are requesting.

 

I think you need to speak to X20 regarding your defence as it stands at the moment. X20 also pointed out an error in your default notice that could be used in your defence #35. As already said, wait until Friday, then if X20 hasnt looked in, it might be an idea to pm and ask if he will take a look for you. :D


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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duplicate post

Edited by Canaan

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Your mail box is full!! :)

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Canaan, sorry it fills up almost faster than I can empty it! Try again now.

 

x20

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Got your PM.

 

Reply saying:

 

Thank you for your letter in which you invite my consent to an amendment of your Particulars of Claim. I may be willing to consent to an amendment without requiring you to make a formal application conditional upon a like facility to amend my defence being extended to me.

 

To enable me to consider your proposal please provide me with a copy of your proposed draft amendment and confirm you consent to my having the facility to amend my defence.

 

y/f

 

They will consent to you amending. This way you get the facility to amend you were talking about earlier without having to go through the hoops of an application and a court fee. If you do not like the look for their proposed amendment you can always refuse permission, though in the majority of cases permission should not be refused.

 

Any queries just yell.

 

x20

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Call my cynical...but....I am wondering if the DCA/solicitor might try and pull a fast one with this and delay sending me the revised POC till after my original defence is due in?? I really feel that I should be prepared for this eventuality and have a defence ready just in case?? If there is no revised POC here within two days of the defence cut off date, the cut off date is the 9th of October, then I would have to send in the defence.

Anyone have any thoughts??:)

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Looking at the time scales it will be more than tight! If I post the letter today 26th, they will get it on the 29th or the 30th, if they reply straight away I might get the revised POC on the 1st or the 2nd, by the time I put it up here and reply again they will get my reply by the 6th or the 7th. I intend posting my defence on the 7th! Not knowing how this works at what stage would they contact the court to say they were amending their POC? And would it be wise for me to ring the court and check that this has actually been done?:confused:

 

Thanks

Canaan

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Always worth checking with the court Canaan...try and keep as updated as possible....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Sorry, I was not as up to speed and had thought your defence had already gone in hence the references to amending your defence which appeared immediately before I suggested the response to the opposition's solicitor.

 

In light of the time scale and your inability to negotiate, I would submit your defence as it is and then respond to the solicitor in the way I suggested.

 

x20

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Thanks x20 and 42man:)

Now I don't actually have a defence...yet...I guess it would be based on the lack of CCA even after two letters asking for it...any help in this would be appreciated...bearing in mind that I am convinced the DCA is following this thread....:grin:

 

Canaan

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I'm with you Canaan and your concerns this thread may be being watched.

 

... (deleted)

 

As I said earlier, I appreciate the opposition may be watching this thread. They appear to have second guessed they need to amend by reason of what appears here. Once you have picked up this post if you would like me delete it, just say so and I will.

 

x20

Edited by surfaceagentx20
see post 66
  • Haha 1

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Thanks X20 if you could delete it that would be great I have copied it to a word document.

Once this is over I will post all the relevant bits and pieces so it can be of help to others :D

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Morning canaan, I was going to reply.. but X20 beat me to it. :D


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Afternoon citizenB:)

 

X20 was on the case early today:grin:

The amended letter has now been sent, thanks for the updated reply x20.

 

Now sit back and wait till the 4th and then submit my defence:eek:

 

Canaan

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Afternoon citizenB:)

 

X20 was on the case early today:grin:

The amended letter has now been sent, thanks for the updated reply x20.

 

Now sit back and wait till the 4th and then submit my defence:eek:

 

Canaan

 

:D He certainly was, took me longer to get my brain (once I had found it) into gear this morning. :)

 

 

Yep, the waiting is always the hardest part.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hope everyone had a great weekend!!

Had another letter arrive from the solicitor on saturday, no CCA of course. Have PM'd it to X20. I will be starting to write my defence tomorow, if anyone has a good defence that would be relevant to my situation I would be grateful if it could be PM'd to me.

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OK Canaan I've seen the leter and contained nothing of interest and you do not need to reply.

 

The Defence as it stands is naff as per my post no48 snd the meatier defence (if any) is dependent on what might be missing from the CCA.

 

Earlier you were seemingly talking about abandoning a defence if it only bought you time. Time is of course handy to have and since the case will get allocated to the small claims track it won't cost you any more either.

 

x20

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The Defence as it stands is naff as per my post no48 snd the meatier defence (if any) is dependent on what might be missing from the CCA.

 

Earlier you were seemingly talking about abandoning a defence if it only bought you time. Time is of course handy to have and since the case will get allocated to the small claims track it won't cost you any more either.

x20

 

Thanks X20.

I spoke about abandoning THAT defence if all it would do is buy me time, I was thinking that I should go straight for the lack of CCA defence, after all they haven't produced one:) and I wanted this over and done with. But then again I will defer to experience and am willing wait for as long as it takes to sort this out.

Canaan

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I have finally had a reply to my letter to the solicitor giving them till the 4th of october to send me a revised POC to review. The previous POC had several serious errors on it. I received the letter on the link yesterday the 3rd. I would be very grateful if I could have some help with the wording of the letter I need to send to the court to accompany a copy of this letter.:) Makes me laugh that they have worded it to make it sound like they are doing me a favour rather than preventing me from submitting a defence to a POC that was a mess which would have made them look like complete plonkers!!!!

http://i366.photobucket.com/albums/oo110/Canaan1970/fri3oct.jpg

 

Many thanks

Canaan

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Here you go ..

 

Dear Sir,

 

Re (Claimant) v (Defendant) Case No:

 

I am the Defendant in this case.

 

Please treat this letter as notice pursuant to CPR 15.5(2) that an agreement has been reached between the parties to extend the time for service of the Defence in this case. By the agreement, my Defence is not due until 23 October 2008.

 

yours faithfully,

 

x20

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