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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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Please help!! I've just received a letter from the above saying that I owe them £ from a student loan I took out in 1994 - 97. I have had zero contact with anyone about this since at least 1999, and they say they will not accept monthly payments but want the money within 21 days or they will come round and recover goods! I am in a state. I'm afraid i did foolishly call them as wanted to sort this out, but have been reading that I shouldn't have phoned. Can they do this??

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in a word, no they cant do this, they are not bailiffs, stop calling them and wait for thier next begging letter


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should I send them a letter telling them it's staute barred and quoting relevant legal comments?

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They actually put in writing that they would come to your house and take your stuff??

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The letter states *DO NOT IGNORE THIS NOTICE, FURTHER ACTION WILL BE TAKEN TO RECOVER THIS DEBT INCLUDING AN AGENT ATTENDING YOUR PROPERTY OR LITIGATION* When I called i said we did not have the money, she said perhaps you can sell something or ask family, I sadi we can't, she said well do you want 21 days to find it? I repeated, we do not have this money, she said ok then I'll tell my manager to start recovery. I then said I cannot speak to you at this moment. It is ridiculous and then put the phone down. I am worried sick :|

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****, I have blown it by admitting it exists haven't I?

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OK, stop speaking to them on the phone. If they call again TELL them to put it in writing and put the phone down. Acknowledgement only counts if you pay or put it in writing.

 

Their letters are designed to scare you into paying, don't be scared. Send them a letter stating the debt is statute barred and you won't be paying. Someone will be along to post a link to the letter template soon enough.

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Thank you. I am actually in tears here.

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Dry your eyes! They are sub-human **** and rely on fear to collect debts.

 

Chin up and feel safe in the knowledge they CANNOT touch you.

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If you didn't defer, make a payment or written admission of the debt for a clear period of six years (five in Scotland) it is Statute Barred... end of. ;)

 

Send this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred


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Thank you so much. I feel such a moron for phoning them but then I wanted to try my best! I've never had such a horrible response -It's frightening and I'm not usually scared off by such things... I'll send the letter (not signed by hand of course!!) and see what happens

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The CAG mantra is never speak to these people on the 'phone, everything should be in writing.

 

If they do 'phone you must refuse to speak to them and demand that they communicate in writing only. These telephone monkeys have a habit of saying things they would not dare commit to paper. ;)

 

They may come back and say a phantom payment has been made which would prevent it from being SB. The onus is still on them to prove it & provide evidence of by who, when & by what method any alleged payment was made.


Anthrax alert at debt collectors caused by box of doughnuts

 

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Vir prudens non contra ventum mingit

 

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

 

No, they need written evidence. They could have spoken to anyone. ;)

 

Besides, if there was any clear period of six years it would be SB. You could admit it in writing, tattoo it on your bum & display it in Harrods window & it still wouldn't unbar it... nothing can.


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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Oh God, I've now been told by someone that pre 1998 student loans aren't covered by the 6 year bar, but it's 25 years plus they will not write it off if nothing has been paid off it. Basically, I never paid anything, and never even got a chance to defer as no-one has been in contact with me about it since around 1999. I am seriously scared again!!

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The 'old style' loans pre Sept '98 can/do become SB after six years. They are confusing the 'New Style' post Sept '98 which doesn't. ;)


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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