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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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olliepup

Natwest/rbs/triton mint creditcard debt

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Stop sending them quids.

 

You only need to do it once, to whoever was demanding money. They have to forward the request.

 

The most you have to do after that is remind them that they are in default of your request

 

The address is not the correct one!

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Yeah the original quid went to Natwest, they haven't complied so i'll just remind them it is in default and that they can not legally try to collect money when the account is in dispute, is that right.

 

Many thanks to contributors to this thread.

 

Olliepup

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Yeah the original quid went to Natwest, they haven't complied so i'll just remind them it is in default and that they can not legally try to collect money when the account is in dispute, is that right.

 

Many thanks to contributors to this thread.

 

Olliepup

 

They cannot ask for payment whilst they are in default of your CCA request

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Hi all and Happy New Year to everyone.

 

Well all had been quiet on this Natwest debt until receiving a letter from Regal DCA, bright red letter type thing demanding full settlement or they will advise their client of further action should be taken.

 

Account still in dispute as before so maybe time for the bemused letter to them now??

 

Anyone dealt with Regal??

 

Could be another paper exercise.

 

Any views welcome.

 

Cheers Olliepup.

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dickys law

 

the brightness of the colour in a letter and the size of the font used is inversly proportional to the amount of bull**** contained therein

 

 

enough said? file and ignore it

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dickys law

 

the brightness of the colour in a letter and the size of the font used is inversly proportional to the amount of bull**** contained therein

:D love it!

So right too...

Happy New Year DD

Elsa x


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Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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Heh Heh good one!

 

So you reckon to not even reply and send the bemused letter?

 

What about the Invite them to sue me letter?

 

This is the 4th DCA now in 4 years.

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

 

Hehe...... We keep getting Regal calling at work for some fella that nobodys ever heard of - given that theres only 5 of us that work there and the branch has only been open a year I'm guessing Regal have bought themselves some corrupt data.

 

They call so often now and tie the phone lines up that the companys legal dept have pinged them a cease and desist notice or we'll see you in court for the loss of business......... can't wait for the next call now :D

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:D

 

And Hi to olliepup - I've just been back to the beginning of the thread to see who started it as I got here by doing a search on Regal.

 

Regal very kindly sent me a Business Reply envelope too, so I'll write to them too as they'll be paying for the postage. Well, when I say "write", I mean I shall just send them a copy of their letter and scribble a couple of words on it.

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:D

 

Regal very kindly sent me a Business Reply envelope too, so I'll write to them too as they'll be paying for the postage. Well, when I say "write", I mean I shall just send them a copy of their letter and scribble a couple of words on it.

 

Make sure you wrap it around a couple of house bricks first...... would be nice to get their monies worth out of the post :eek:

 

Hi to Olliepup too :D

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Hi there!

 

I still haven't done anything about this one! yeah write two words on it one starting with F ....

 

Haven't heard anything else but noticed some code on the letter that was RB something or other, so pressume it's a in house DCA for RBS??

 

I may just send the bemused letter recorded and send a turd back in their pre paid envelope!

 

Olliepup.

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

 

and now they have your number!1 Doh!

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OMG. Do you mean they can get number withheld numbers? :eek: How?

 

crafty girl!!

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Hi folks!

Regal are still bleating on about this, i sent them a letter stating they have not supplied a valid CCA nor have original creditor since i requested it months and months ago!

 

Told them they cannot legally collect any money until this is supplied and not to bother sending any doorstep collectors or i will call the Police.

 

I got a letter back from them today saying thank you for your recent communication but you forgot to include a proposal for repayment of this debt, also can you include a statement of finances to see if we will accept your offer etc etc.

 

WTF are they that thick??

 

Surely with no CCA they CANNOT try and collect and they know they can't??

 

Should i just write back and say the reason i have not included a proposal as you are in no legal position to request payment until a valid CCA is produced.

 

You have no right to request financial statements.

 

Should i invite them to take me to court for the debt with no CCA?

 

This lot have made me angry.

 

Many thanks

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Erm yes, they are that thick. :D

 

I sent almost the same letter, including the bit about calling the police, and not having a valid CCA, and they just wrote back and said they wanted the money anyway. So I have written back again explaining why they can't have it. I've had three letters so far, and most DCAs go away after three attempts, so maybe I won't hear from them again.

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I wish there was a smiley for 'yawn' - we could certainly do with one as far as DCAs are concerned.

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yes they can - and can go as far as issuing proceedings (but not obtaining a judgement) as it has (stupidly) been ruled that actions up to issuing proceedings is not enforcement but obtaining a judgement is!!

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So why would it be worth issuing proceedings if they can't obtain a judgement??

 

Won't it cost them money?

 

To be honest if they want to take it to court they can, least i'll try the no CCA defence and i'll get a chance to offer what i can really afford which isn't much so they will be on a hiding to nothing.

 

Is there a letter to send regarding their position with no cca?

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because most people will sh*t themselves and pay up or offer to pay up when the summons drops on the doormat!!

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So basically if the summons drops through the door is it then when i have to file a defence? is it a paper exercise and is not having a valid CCA classed as a reasonable defence?

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