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    • Milos
      Loose mortar from neighbours roof falling into our garden

      By Milos · Posted

      I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • dx100uk
      IDRWW chasing old CBQ Qatar debt - I left in 2000 - Statute Barred?

      By dx100uk · Posted

      please create your OWN topic by hitting create or + in the top red banner  
    • unclebulgaria67
      Advice and insight please

      By unclebulgaria67 · Posted

      It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • Bazooka Boo
      Loose mortar from neighbours roof falling into our garden

      By Bazooka Boo · Posted

      I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • Milos
      Loose mortar from neighbours roof falling into our garden

      By Milos · Posted

      The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Barclaycard Cca Received! - Claim now issued ***SETTLED***

tosh1

By tosh1
in Financial Legal Issues

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slick132

slick132

Posted
Posted

The notice of hearing from the local court should confirm what type of hearing it is and what is required of you, if anything.

 

So can you tell us what the notice says.

 

I believe the case has not yet been allocated to any track as the local court, which has had the case referred from the Northants BC Centre, has not yet issued AQ's for completion. Is that right.

 

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tosh1

tosh1

Posted
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Posted

Yes that is correct. Just been going through the threads. If HC send me a letter on the 13/01/12 which I recieved on the 14th and the court date is the 25/01/12. Arent they meant to give me 14 days to preper for the defence?

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caro

caro

Posted
Posted

Ah right.

 

Have you been given a breakdown of how they've calculated what you're supposed to owe?

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Advice & opinions given by Caro 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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caro

caro

Posted
Posted

So you can't really tell if it's the right amount. Have you ever claimed off the PPI for example if you've been out of work?

 

I wonder if it was missold.

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caro

caro

Posted
Posted

Have you seen anything showing that you agreed to PPI?

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caro

caro

Posted
Posted

This is the copy of the application form that they sent you when you CCA'd them?

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caro

caro

Posted
Posted

I think it's highly likely that this was mis-sold then which could make a significant difference to the amount you allegedly owe, especially with the interest that must have been added to it. I don't remember you mentioning that you had a PPI agreement and I'm guessing you weren't asked if you were self-employed, employed, or about any pre-existing medical conditions.

 

There's also the issue of charges.

 

It's getting late now, but I think we've made progress tonight and you could have the makings of some useful arguments.

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caro

caro

Posted
Posted

One last thing. Did you ever get a termination notice?

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citizenB

citizenB

Posted
Posted

Ok, I have now read through the thread fully and there are one or two things that could change the course of events.

 

Tosh, I want to speak to Caro, Car and slick first, see what we should be doing next.

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caro

caro

Posted
Posted
The notice of hearing from the local court should confirm what type of hearing it is and what is required of you, if anything.

 

So can you tell us what the notice says.

 

I believe the case has not yet been allocated to any track as the local court, which has had the case referred from the Northants BC Centre, has not yet issued AQ's for completion. Is that right.

 

:-)

 

Tosh, can you please post up what the notice says. Also the POC and your defence.

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caro

caro

Posted
Posted
The hearing is for information under the claim. I am not sure about the total cost of PPI and charges as I have not recieved all the paperwork

 

Did you apply to the court to get information, possibly with an N244? If so, what did your application say?

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tosh1

tosh1

Posted
  • Author
Posted

Hi Caro

 

Thanks for the reply. I did apply via a N244 AND asked for the items below -

 

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 the documents mentioned in your Particulars of Claim:

 

1 The Agreement. A copy of the signed, executed Credit Agreement regulated by the Consumer Credit Act 1974. 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 signed originals should be available at the hearing. Further, that any general conditions incorporated in the contract, both at inception and as amended, should also be attached.

 

2 The Notice of Assignment included proof of delivery and method.

 

3 The Default Notice - a true copy of the Default Notice, and /or a copy of the relevant communications log showing issuance, plus proof and method of posting.

 

4 A full statement of account showing how the amount claimed is calculated

 

5 The Termination Notice

 

Regards

 

TOSH1

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caro

caro

Posted
Posted

Thanks for the reply Tosh. I believe that you haven't had everything there so the hearing should be interesting!!

 

What did it say on the paperwork from the court about the hearing, and how long is it?

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Advice & opinions given by Caro 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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caro

caro

Posted
Posted (edited)

And what did you put on the N244? They obviously haven't fully complied with your CPR request although they seem to think they have. :roll:

 

Reading back, I'm wondering if you've asked for the case to be struck out if they don't comply.

Edited by caro
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caro

caro

Posted
Posted

I wondered if you put it on your application to the court? What you have posted in post 268 looks like a CPR letter to Howard Cohen/CL for information. I thought there may be more on your N244.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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caro

caro

Posted
Posted

This may be of interest to you, although I'm not sure if he'd get the same result now. http://www.consumeractiongroup.co.uk/forum/showthread.php?230603-Cl-Finance-*WON*

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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caro

caro

Posted
Posted

Hi Tosh.

 

Thanks for the email with the copy of the application. I see the hearing is to get CL to provide the info that you've asked for. I would expect that the judge will want to know if you've had everything, which CL are suggesting that they have.

 

What you need to do is go through all 5 items you've asked for, and say whether you've had it or not. If you've had nothing that's simple enough, but there will be some things that aren't straight forward. If you don't think it's what you should have had, say why you think it isn't right. Post it on your thread so we can all take a look and help you tweak it if necessary.

 

You need to get very organised.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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