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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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sorrylittlelot

stat demand from capquest/National Westminster Bank OD *** WON + COSTS ***

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I have the forms here but not sent them off as was awaiting advice, should I send a specific letter to Capquest in response to their new Capqust letter, i admit I laughed when I received it


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Should I swear my set aside forms in, even though I am still waiting for SAR?


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Well forms are ready to go (although I couldn't fit it all on the second form lol, going to swear them in tomorrow.

 

Can anybody tell me what happens to the debt if the stat demand is set aside?


I'm worse at what I do best and for this gift I feel blessed

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I have the forms here but not sent them off as was awaiting advice, should I send a specific letter to Capquest in response to their new Capqust letter
No, you don't need to send them anything.

 

Should I swear my set aside forms in, even though I am still waiting for Subject Access Request?
Yes.

 

Can anybody tell me what happens to the debt if the stat demand is set aside?
Are you applying for costs due to their abuse of the insolvency process?

 

Please do make that complaint to the OFT. Hopefully Capquest will eventually follow in the footsteps of 1st Credit http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit.html


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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I am fully prepared to make the complaint, just need to look up as to what grounds/why I am complaining.

 

I swore my papers in this afternoon and as part of my defence I have asked for costs to be awarded on the basis that it wasn't served properly/abuse of the process.


I'm worse at what I do best and for this gift I feel blessed

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today I got a reply from court, I have a hearing in April, any advice on how I claim costs (I know I have to put it in 24 hours before the hearing and thats all I know)


I'm worse at what I do best and for this gift I feel blessed

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You can claim your traveling costs as well as however many hours you spent preparing the application, at the rate of £9.25p/h, plus your loss of earnings in attending the hearing. Plus any other costs associated with the application or attending the hearing.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Gangster.

 

What would be an acceptable amount to claim for research?


I'm worse at what I do best and for this gift I feel blessed

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hey 42man i sent you a pm regarding this

 

thanx


I'm worse at what I do best and for this gift I feel blessed

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I know you've done 20 odd hours of research into the Insolvency Act and the Consumer Credit Act....claim back postage, time off work, parking, mileage at 40p per mile...

 

I'd be asking the judge to make a bankruptcy restraining order on them, and a tomlin order to stop them from litigating against you in the future....also ask the judge to order them to remove any adverse data from your credit files too.....

 

And an indemnity award in light of the obvious distress and upset that this has caused your family...


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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Don't forget to put your claim for costs in 24hrs before the hearing no matter what capquest wrote to you and said.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Peep this homeslices the day of reckoning has been. Judgment has been made and made well.

 

I entered the court room which to be fair was more of a conference room.

 

Jude: Please sit down Mr ....

Me; Thanks

other formalities followed, introducing myself to the tape etc.

Judge; I have all the paperwork from yourself and Capquest with regards to the application of a statutory demand, did you receive a copy of the letter that they sent myself?

Me: yes I have it here

Judge; well as they say they are prepared to allow the set aside but without an award of costs, what would you say to that?

Me; obviously I would like to be awarded costs

Judge; I think I shall award costs as they have obviously put you out your way, however I think what you are asking for is a little on the high side so I shall award half and allow you the costs, is that OK by you?

Me; yes that's great thanks.

Judge; the only issue they raised is that you copied a large part of your defence from a forum

Me; I did yes and surely seeking advice is only practical and I would have been a full not to check the advice received

Judge; indeed, there is no law against this, most solicitors and barristers do this

Me; as do Capquest they stated that they are confident that they will find more info yet that seems a template letter as I have seen others receive the same letter

Judge; they do seem to have got themselves in a mess, I notice in your defence that you received the notice of assignment some 3 months after they issued the application for the statutory demand

Me; yes and that was a reply to me putting them to strict proof that it was not stat barred

Judge; well I would expect them to proceed in applying for a County Court Judgment so you may wish to start your correspondence to prevent this

Me; thank-you I shall.

Judge; Good day Mr...

 

The only other thing the judge did mention is that as I applied after the 18 days I should have applied for a leave of time order or something but it was by the by

 

 

So there we have it, now I just need to stop them issuing a CCJ.

 

I would just like to express my heartfelt thanks to each and every person who advised me and special thanks to (hope mentioning names is OK) 42man, cerbusalert and Rory32


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Well done, that's a poke in the eye for Capquest and their stupid comments about you daring to seek assistance of a forum. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Fantastic news very well done SLL....I would please ask you to do one more thing at this stage and that is to report them to the OFT....make sure you get paid your costs, and if not contact the court and they will arrange bailiffs to get your costs.....keep us posted...


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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Congratulations, SLL:)

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Ha ha, another one bites the dust:D

 

Well done,I bet they're now sorry,not a little bit a lot.;)

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Moving to legal success forums...


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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I shall report them

 

What happens now? The judge advised me that I should try and stop them issuing a CCJ now?


I'm worse at what I do best and for this gift I feel blessed

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well done and congrats sorrylittlelot. Apologies I haven't had time to follow nor conribute to your success!!!!

 

I have been off the CAG site for a while as I've had to fight another battle which I'm pleased to say I won with cost.

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cheers mush


I'm worse at what I do best and for this gift I feel blessed

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quick question i have not heard a thing from capquest regarding this since i won i court (other than receiving the cheque - which i took great pleasure in spending!)

 

so is this now closed, written off, can be removed from my credit file?

 

just not sure what action to take now


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I would just keep a heads up. They may attempt to take it to a CCJ.....just make sure you have all your paperwork ready.


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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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thank you, how would i defend a CCJ?

 

just asking as i really want to build some sort of credit referance back up with having a new family


I'm worse at what I do best and for this gift I feel blessed

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Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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