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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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sharmar

MBNA Virgin (Restons) Court Case

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You back on track now, sharmar?


Always happy to help where I can!

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Hi All,

Here is a link to whats taking up all my waking (and most of my sleeping hours too!) at present.

 

I would so value your critical analysis and expertise if you have the will to read through the attached.

 

I am still a bit confused as to whether I should submit this as an amended defence immediately or use it as a Witness Statement? What are the court procedures in terms of filing both?

I know I have to file witness statement minimum 7 days before hearing, is it better to file all of this now well in advance or are there disadvantages in doing so?

 

Brain frazzled here now after putting it all together and thanks to so many here for their assistance and guidance. Will await to hear your lucid comments on this.

:)

Edited by sharmar

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subbing..

 

looks good to me by the way.


If my advice helped you please click my star

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A great read!

 

Loads of good stuff!


Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Sharmar - wicked defence!


Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Point 23 in your defence refers to headings on the agreement. This is ok if your agreement is post 2006, when these rules came into force.

 

Wait for Vjohn to comment.

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Agree with Vint, need to check when your Agreement was made to see if you can use that.

 

Cheers,

BRW

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Thanks for looking in everyone!

 

And many thanks for the pointer!

 

It was late 2004 so I guess leave out point 23!

 

Is all else good to go then?

 

 

Q. Do I have to request the Court's/Restons permission to file an Amended Defence?

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Hi All,

 

Can anyone tell me the procedure for filing an Amended Defence?

 

Thanks

 

Sharmar

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as far as i know you simply prefix the amended defence with a request to the court to amend it and state the reasons

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sharmar,

when did you stop paying mbna, jst trying to get an idea of time from payment stop to court action, prob being going down the same road as you?

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sharmar,

when did you stop paying mbna, jst trying to get an idea of time from payment stop to court action, prob being going down the same road as you?

 

In my case I hadnt stopped paying them something as they were being paid in my DMP (Payplan)still did the dirty tho!!!


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I wander if you could get them to admit just what percentage of cases are discontinued this way?

Seems to me these and others use the court as another lever to squeeze money out of you then run if they look like loosing.

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