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    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Local Council - can I charge them?


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I can't seem to find anything similar to out situation on here so I'm hoping some of you will be able to advise.

 

Myself, Husband and two small children live on an estate which to be honest, isn't the best and we are working hard to try and sell our house. The problem is that most of the other houses are owned by the Council and some (not all) of the tennants aren't that considerate to others or the area.

 

This is the main situation and I want to know if I can charge the Council.

 

Our back gate (our main entrance) leads out to a footpath and then onto the access road. Each week the wheelie bins from around twenty properties are left just outside of our gate which is fine until the people who leave rubbish bags out there upto three days before the collection allow them to be ripped open by cats. This results in my Husband and I have to pick up nappies, food tins/containers, women's sanitary products and much more. If we do not pick it up the bin men just leave it as it's not in a wheelie bin. We have complained and after a few weeks the Coucil sent out a letter to every property in our row to tell them that no one should put rubbish out before the collection time. This has just been ignored. I'm so annoyed as we pay Council Tax and the estate should be kept clean.

 

We also have old tyres that have been discarded on the embankments. The Coucil strimmed the bank a few weeks ago and the tyres are still there.

 

As well as the bins outside of our back gate and litter everywhere we also have piles upon piles of old rotting leaves from the oak trees on the side of the access road. I've been told that it is an offence to sweep the leaves into the access road. The Council do not clear them up. They are slippy and piling up against our fence slowly rotting and keeping the fence damp also.

 

My last problem is that when you drive up to our back gate you of course see the for sale sign, but you also see graffiti all over the garage doors, again owned by the Council.

 

I just feel like there is no light at the end of the tunnel. We keep our house and garden well, but the drive up to the place just shows litter, leaves, graffiti and an unkept, old estate.

 

What else can I do? I've thought about keeping weekly photos and then charging the coucil for cleaning it all up each week. Could I do this?

 

I've worked very hard to drag myself out of a bit of a depression and I'm trying so hard to make this year a much better one by getting out of this hell hole. We have a neighbout next door who's been raided twice and put into prison a couple of times. It just all adds up!

 

I really hope I've explained my situation well as I'm not the best at putting things across. I hope I'll receive some feedback and help. I'm not someone who moans about things, however I need to do whatever is required to sell our house and move somewhere better.

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I've copied this post onto this forum as I haven't received much luck in answers.

 

I can't seem to find anything similar to out situation on here so I'm hoping some of you will be able to advise.

 

Myself, Husband and two small children live on an estate which to be honest, isn't the best and we are working hard to try and sell our house. The problem is that most of the other houses are owned by the Council and some (not all) of the tennants aren't that considerate to others or the area.

 

This is the main situation and I want to know if I can charge the Council.

 

Our back gate (our main entrance) leads out to a footpath and then onto the access road. Each week the wheelie bins from around twenty properties are left just outside of our gate which is fine until the people who leave rubbish bags out there upto three days before the collection allow them to be ripped open by cats. This results in my Husband and I have to pick up nappies, food tins/containers, women's sanitary products and much more. If we do not pick it up the bin men just leave it as it's not in a wheelie bin. We have complained and after a few weeks the Coucil sent out a letter to every property in our row to tell them that no one should put rubbish out before the collection time. This has just been ignored. I'm so annoyed as we pay Council Tax and the estate should be kept clean.

 

We also have old tyres that have been discarded on the embankments. The Coucil strimmed the bank a few weeks ago and the tyres are still there.

 

As well as the bins outside of our back gate and litter everywhere we also have piles upon piles of old rotting leaves from the oak trees on the side of the access road. I've been told that it is an offence to sweep the leaves into the access road. The Council do not clear them up. They are slippy and piling up against our fence slowly rotting and keeping the fence damp also.

 

My last problem is that when you drive up to our back gate you of course see the for sale sign, but you also see graffiti all over the garage doors, again owned by the Council.

 

I just feel like there is no light at the end of the tunnel. We keep our house and garden well, but the drive up to the place just shows litter, leaves, graffiti and an unkept, old estate.

 

What else can I do? I've thought about keeping weekly photos and then charging the coucil for cleaning it all up each week. Could I do this?

 

I've worked very hard to drag myself out of a bit of a depression and I'm trying so hard to make this year a much better one by getting out of this hell hole. We have a neighbout next door who's been raided twice and put into prison a couple of times. It just all adds up!

 

I really hope I've explained my situation well as I'm not the best at putting things across. I hope I'll receive some feedback and help. I'm not someone who moans about things, however I need to do whatever is required to sell our house and move somewhere better.

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Hi

 

 

Now first question, is their a reason that these bins/rubbish is placed in that specific area at the rear of your property for bin collection day? - ( the reason I ask this is why are the tenants not placing the bins outside of their own properties for collection on bin day.

 

Have you actually made a formal complaint in writing to the council housing about this?

 

Have you made a complaint to the councils Enviromental Health Department about this issue?

 

You need to know from the Council Housing if this area the Bins/Rubbish is left for bin collection days is actually an authorised area on bin day by the Council Housing.

 

Now what ever you do please, I fully understand you wanting to keep youe aera tidy but please be aware that you have no idea what is in that rubbish that is being let i.e. needles, syringes etc. IMO this problem it caused by the Council Housings Tenants and is their mess to clean up and sort this problem not yours problem.

 

This is both Anti-Social Behaviour and Fly Tipping by the Council Housings Tenants and since they have already had letters telling them not to do this, they by continuing to do this are placing their tenancy at risk as they are breaching their tenancy but you need hard evidence that it is actually the council housing tenantthat are causing this problem.

 

I would writie a Formal Complaint to the CEO of the Council Housing reminding them of your previous complaint and that this issue has not been rectified by them as their tenants are still continuing to carry out the same action irrespective of the council housing letter.

 

You now wish to remind the council housing that this is both Anti Social Behaviour and Fly Tipping and on every occasions that this occurs you will be complaining to the council housing and the enviromental health department as it is not your responsibility to have to clean up a mess caused by their tenants and inaction of the housing.

 

You also require clarification as to who gave permission for this specific area to be used as a bin area/dumping ground for your tenants on Bin days, when your tenants are still putting rubbish out days before any bin collection takes place. This is a health & safety risk, enviromental risk, anti social behaviour, fly tipping and as your tenants have already had warning letter about this and still continue to ignore your warning are they not in fact breaching their tenancy agreement with the council housing.

 

You require to know in full what action the Council Housing is going to take to stop their tenants carrying out this anti social behaviour, fly tipping and who is going to clean up the mess left before and after bin collection and who authorised this area to be used as a dumping ground for your tenants.

 

yours .............

 

 

 

CC: Enviromental Health Department

Local Councillor

Local MP

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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Hi

 

Please remember to send your letter to the CEO of the Council Housing and not the Actual Council as they will be different and CC the letter to the other suggested but you could add to the CC list the Chief Executive Office of Local Council to make them aware also.

 

Remember to always get Proof of Posting when writing to them and keep a good paper trail.

 

Also ask the Council Housing for a copy of their Complaint Procedure.

 

and try to get photographic evidence (without putting yourself at risk) or if you already have some enclose copies with your letter.

 

Is their by any chance any CCTV in the area looking at or near the dumping ground for those tenants?

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi Boobydoo,

 

I have merged 2 of your threads as they are pretty much on the same issue - that way people advising will have the full story in one place :)

 

I am not able to help very much with your situation, but you seem to be getting some good advice and support from stu007.

 

It must be very wearing when you are doing your best to improve your life and keep your home looking nice, to then find others are simply letting their living space go to pot.

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You might also want to get the local press involved.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 5 months later...

Boobydoo, is there an update on this one please ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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