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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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stop licking their boots


please don't hit Quote...just type we know what we said earlier..

 

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If there has been a change in employment, then it may reasonable to provide details that you are still able to make the agreed repayments including the amount towards arrears.

 

if you just told them of a change of employment, without advising whether incomes have changed, then I could see why a letter has been sent to you asking for income and expenses info.


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Hi Maekez,  is your wife going to have to go 6 weeks without pay?


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She hasn't been paid since 12th of April from her last job  and was then paid on the 15th of may from her new job and will be paid the 15th of each month thereafter 

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Think you need to keep mortgage company informed of income changes, if you have simply informed of change to employment. 


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I have written to them to advise of income change and employment change ..

they haven't even acknowledged the income change .

.they just stated I have advised about how I'm paying cmi but not addressed how I'm paying the arrears ..

 

I have a court order in place to pay the cmi + 200 extra they know this .

However they still threatening me with eviction .

And demanding more income and expenditure

 

I will send that in to them and see where we go as they will probably demand more again as the income is now higher .

But they are only having the extra £200 as inline with the court order .

 

Regards

Markez

 

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I paid them cmi plus the extra £200 

Past 2 months ..and now a letter has arrived today from a different solicitors Lightfoot solicitors stating Kensington have obtained an order for possession and they have been instructed to enforce it !! 

 

I can't believe this ..

They stated on last letter that the warrant may be enforced if I didnt fill in an income and expenditure of which I did .. 

I presume this is also because the fos have stated they have found nothing wrong with kennys young the cmi every few months ..

They have stated the eviction will be in 14 days ..

I've had nothing from the courts either !! 

What should I do 

Thanks 

Markez 

 

I'm sat in a right heap . Crying my eyes out .

I can't cope with all this again 😭😭😭

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may or will

scan it up

read upload pdf only


please don't hit Quote...just type we know what we said earlier..

 

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I'm not at home at the moment ..I'm at work but I will do .when I get in .

It states are client has obtained a posession order and we are now instructed to enforce that and we enclose notice of this ..😭

 

The last letter stated 

We write in refert to your letter dated 26th April 2019 

Please contact us on the number above with your income and expenditure details to hand so we can discuss your circumstances further .

 

 

You can pay any time of the month as long as payments are made before your due date .

You have advised you are going to pay your monthly installment however you have not advised us how you are going to address the payment arrears balance .

 

You are at risk that the warrant will be enforced and eviction arranged for your property .

Please contact us on the number shown above...

 

 

I wrote to them and advised when I was paying the cmi and how I was going to pay the arrears !!

I sent the letter special delivery signed for and it clearly states what I was paying for the arrears and also clearly states when I will be paying them ..

Regards

Markez 

 

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ignore it says 'instructed'

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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can I make a polite suggestion

please do not ever communicate with anyone ever again on this without checking here 1st its ok to do so.

don't poke the lion.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi DX 

I'm a little confused ? Ignore the letter from the solicitors ? Stating they have been instructed to enforce the order ? 

 

Also what do you mean by don't communicate with anyone again ? U mean sending stuff to Kenny's ? 

 

Regards

Markez

 

They have also slapped a £60 enforcement charge onto the account . As I've just logged online ...to check my account .

Thanks 

Markez

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I can instruct my dog to sit

id it does is a totally diff matter.

 

its a std automated threat-o-gram

ignore it!!

 

do not ever communicate with anyone regarding this issue without checking here 1st ever again.

 


please don't hit Quote...just type we know what we said earlier..

 

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Ok thanks DX .

I have also received another letter dated the same date as the eviction letter .

From lightfoot solicitors stating they have taken over from eversheds . And they have sent one to the District judge .

 

The intruct for possession order letter says I have at least 14 days before the eviction goes ahead .

If they have applied £60 enforcement fee to my account .that tells me they are enforcing the eviction 😭

 

Do I now sit and wait for a court lwtter from the balliff ? 

T

Thanks for your time and also thank for replying .

Regards markez

 

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sounds like they are applying to the court for an eviction warrant so you should wait until you get the notification and we'll deal with it as before.  Why do they think you are in breach of the suspended order?


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I can only assume it's because I missed April's .payment .

I wrote to them and advised wife changing jobs 

And explained how and when I will pay the cmi + court order towards the arrears may and June .

 

They wrote back middle of may and stated I had explained how I was paying cmi but hadn't explained how is as paying arrears and I was at risk of the warrant being enforced and I needed to send a new income and expenditure in .

 

I clearly stated how I was paying cmi and arrears in my letter .

Which I sent special delivery to them signed for ..

I've paid cmi plus court order .

May .

June and

about to pay July's (28th) 

 

However I did manage to get the possession order put on hold from earlier in the year while the fos looked into my complaint .

 

They have now completed the complaint and said Kenny's are fine upping the cmi every 3 months due to the terms of my mortgage and closed the complaint . 

 

5 days later Kenny's ask solicitors to claim for possession .

I've had no other letters or phone calls since may 15th ! 

And paid on time 

 

It's a massive shock

.it's as if they are getting me back for going to fos and because they awarded in Kenny's favour .

They are still proceeding with the earlier order that was put on hold ..

Thanks

Markez

 

 

Thanks ellen

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So is April's payment still owing ?


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Yes .

we had no spare funds at the time I think I explained this on the previous pages .

Because wife changed jobs ..

 

Do u feel it will because of this ?

As I could see if I could raise April's payment ..

I doubt it but it it would help I could try my best ..

 

The arrears have gone down by £640 since april .

.the cmi has just come down by £30 a month 

 

the first letter we got today said Lightfoot are now the new solicitors for Kenny's dated 18th July

the second letter was the instruction to enforce the eviction again dated 18th July .

Then on the 19th July Kenny's slapped £60 enforcement charge onto our account .

 

We haven't had any literature from them regarding they would be doing this ..

it's just all arrived today ,😭

Regards

Markez

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If you have missed a payment under the terms of the suspended order then the are within their rights to apply to enforce possession.  Was there a gap between your wife's employment such that she didn't get paid for one whole month at all ?

 

If your last hearing was only earlier this year and  you've missed a payment then you're going to have a bit of a battle to get a judge to come down on your side I'm afraid


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Hi Ellen .

Yes there was a gap of 6 weeks I didn't go Infront of a judge this year .. it was withdrawn by Kensington .

The last hearing was last August 2018 of all things .

 

Nearly exactly a year ..

The arrears were nearly £30.000 then ..a year later they just over £21.000

 

Regards

Markez

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Ok,  well the arrears have reduced by quite a bit so that will go in your favour.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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I will keep u updated ..thanks so much for the help and support 

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can you scan up these letters please

you are doing fine too.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi DX .

I'm working away untill Tuesday so I will scan them in then ..

The reply to my letter and the solicitors letters .. is that what I'm scanning 

Thanks again .

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the two recent letters to YOU.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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