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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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Gaznkaz08

Are overdrafts covered by cca's

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

 

McGuffick was basically the judicial system saying "up yours.... claim firms".. i.e. the ones who said do a s77/s78 request and if they dont comply take them to court to demand unenforcability... the judge basically said that recording bad/late payment markers on the credit file is allowed as its not an enforcement action.

 

Basically it appears the defence of not complying with s78 has been removed BUT they still need something to show the court to say an agreement existed.

 

S.


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Ok ... would you advise sticking to my "no agreement, no payment" stance - and just see where it takes me (and others in a similar position who are reading this thread) ?

 

Abs x:)

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Think the McGuffick case actually invited the banks into a potentially explosive 'false sense of security' actually. Many people will challenge the 'rules' surrounding an OD and ask for proof of any agreement and typically the banks state an OD is not regulated by CCA law, usually choosing to uncomplicate things by ignoring the exemptions aspect of their 'right' not to have to produce a regulated agreement.

 

Whilst any dispute continues the bank will register a default on your credit file safe in the knowledge that this is not considered to be an act of enforcement, thanks to the McGuffick ruling.

 

This of course does not mean that the registering of that default was appropriate, justified or correct. For those who have such an entry made against them that is subsequently found to have been incorrect an injury to credit claim or counterclaim could be anticipated. All the more so for someone with a previously unblemished credit file.

 

Given the increasing level of argument and lack of documentation the banks have frequently failed to preserve it can only be a matter of time before such claims will become commonplace. If they do it will no doubt be in part to the implied presumption of the banks that the McGuffick ruling effectively made it 'OK' to deface individual credit files on masse when in fact there always should have been an overriding emphasis of responsibillity in recording such notices on credit files, as intended by the CCA legislation in the first place.

 

Bankers appear to have short and very selective memory however and clearly this 'now justified permission' to issue DN's like candy will at some point in the future become a larger issue of contention than it appears to be today.


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well we've still had nothing back from DLC/Hillesdean/DL&C for ours other than the std mcguffick letters, that case doesn't apply to me as

 

WE won't be taking them to court

they haven't got any paperwork yet so can't apply a default as per the case

in any case i've already got a default on my CF anyway re this acc so thay can't put another one on

 

we've had a few calls, and a "contact us urgently" letter but nothing else

 

they've been CCA'd and it's been put in dispute and all they can do is quote inapplicable case law at the minute

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Hi ..

 

I also won't be taking NW to court over the OD, but bearing in mind their response to my CCA request saying that ODs are only partly covered by the CCA74 - in respect of reporting ... what would be the best next move for me?

 

My original CCA request included the following regarding the regulation of ODs under the CCA74 ..

"you will be aware that an overdraft is a debtor creditor agreement as defined under section 8 and 13 of the Consumer Credit Act 1974 (CCA74), and is a running credit account as defined in section 10. Accordingly, s78(1) of the CCA74 sets out quite clearly what is required in order for you to comply with my request, and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. (I then went on with the standard CCA request letter)

 

The register of a default doesn't bother me, but what does worry me, is NW or their reps getting this into court .... in this case shall I just keep re-sending the "in dispute " letter, including ref to the above as defence to any possible litigation

Any thoughts ?

 

Abs x:confused:

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Abby

 

I suspect FOS will be useless (as usual!) - but it might be worth contacting them in any case just to see if they can help - especially if NW do threaten court action. If nothing else it delays things while FOS investigate - at NW's cost of ££££ and hassle!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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subbing for reference. Thanks

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subbing

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I don't suppose someone can have a peek at my thread below?? Please, pretty please....

 

I got a ccj 2 years ago about a NW overdraft debt.

There is a discrepancy about the balance anyway: Solicitors claim total is x amount; NW claim total is y amount.

ccj is on x amount which solicitors say is the total debt to NW.

But NW keep sending interest accruing statements on y amount, despite having the ccj and a payment plan with solicitors on x amount.

x amount is a fifth of the y amount NW say is the total debt.

 

Now I have read this thread I am wondering if I can get the ccj set aside and the OD proven unenforcable ??

 

Advice is really, really appreciated as the solicitors have just sent a letter asking me to increase the monthly payments or they will re-start legal action against me...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/258751-hp-mum-nat-west-new-post.html

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well had an update today on one off the acc's, after a bit of letter tennis. Barclays can't provide DLC/hillesdean with the required paperwork, so the acc's on hold with nothing else going to happen unless the correct doc's appear. (never gonna happen)

 

and the default fell off the credit file last month as well :D

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD

 

 

this thread was regarding a barclays OD, but i have had a dca comeback with no CCA in exsistance for barclaycard. I've even got a letter from them when i asked about a PPI claim saying they had no record of any account for me.

 

mine was around the same time as yours.

 

maybe try contacting B'card yourself with the account number, if they write back saying no record as well, forward that to the DCA then tell them to do one :)

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G

 

OK thanks.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi, I have my own thread regarding my od - which has a faulty DN - and whereby the bank has disputed regulation under the act, save for the issue of a default notice which they say they must strictly adhere to .

 

I have recd today a offer of a reduced settlement ...

 

Anyways, I have been directed to this thread by one of the site team, and had a good read ... its all a bit much to take in at the moment, but wondered if you thought this letter is ok to send back to the bank ...

 

Or if you can suggest any amendments, or know of a better one ?

 

Also, I read here that the original od letter must contain the procedure to terminate the agreement.

 

My original OD letter has the agreed od limit, monthly and annual interest rate, but with regards to termination it says " your overdraft is reapayble upon demand. But if we increase or reduce your overdraft, we'll write to you three weeks beforehand". Does this mean the requirements for detailing the procedure to close?

 

Desperate for any help ... as I say I have a thread of my own, so don;t mean to hijack, but seeing that lots of people are contributing to this though it would give me a good chance to post this letter up, to get lots of points of view ... hope ok.:)

Edited by robinredbreast
attachment removed

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RR

 

HBOS are currently using the "overdrafts not covered by CCA" excuse to try to wriggle out of the current case against them in Glasgow Sheriff Court ( see the thread and Govan Law Centre's own web site for more info). It looks as if we'll get an answer to this before long.

 

Keep your od facility letter safe - few people still have these - and the banks tend to lose them too after a number of years!

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Ok thanks for that ... do you think I should send the letter I posted up?

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RR

 

I would look at the letter on the GLC web site (after the SC ruling) and see if there are any points in it worth incorporating in your suggested letter.

 

Good luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks for your help BD .. will do as you suggest .. who/what are the GLC website ... just to make sure I get the right one ..

 

Robin

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Govan Law Centre - just google it


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Sorry to be a pain ... thanks BD ... off to google right now .. !!

 

Thanks again for your advice ...

 

Robin

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You're most welcome!


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Subbing this argument is going to run and run.

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