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    • Hello. I feel this may be considered to be a petty complaint on my part but would really appreciate views and insight please and I promise to wear my big girl pants and not take offence.  I have lived in my home since 1986. My neighbours moved in a year or two afterwards. In November 2013 I had solar panels installed optimised individually by solar edge and the panels are meant to be ' self cleaning'.  On Wednesday 21.8.19, my semi detached neighbours had a new TV aerial and a satellite dish fitted. It's near to my boundary wall,but clearly fitted on their own wall. I did not look out while his installer was working and did not know what had been done till I went to the front door to see what all the drilling was about then later to get washing in and saw the items on a flex pole. My issue, and this may be where you say I'm being petty, is that the  aerial is angled back and is over my airspace and sitting over my end solar panel. I went next door and told my neighbour my concern about birds sitting on the  aerial and guano issues as well as shading potential interns of the panel.  He said he'd ring the installer. Next morning, he is cleaning in his garden. I saw him and asked if he'd spoken to his installer. He said yes and the chap couldn't get back for 2 weeks.i asked if it could not be sooner, could the aerial not just be slightly moved when the discussion became heated. He said I had no rights to the space above my roof, I had to look at other aerials In the immediate area and he'd taken pictures and would do something if birds mucked Inthe panels and if it was him, he would have bought panels from a company who visited to clean them. I told him I fully appreciated the signal issue but asked could he not have the aerial on the chimney as I do and he told me not to be stupid as he had a dish as well and dishes cannot go on a chimney. I told him I was aware of this. He was by now shouting at me to listen and as I said, it became heated. He then said if I thought the air above my homeward mine I could sort the issue and he would cancel the installer call back. I rang his installer. My neighbours had not recontacted him. He asked if my concern was birds pooping on my panels  and the metal Ariel shadow would have no impact on panel generation and he would ring my neighbour. I am on my own and hate conflict and feel a little intimidated, but am also sure I've done nothing wrong. He told me it was my responsibility to have come out as the work was being done. So, please be frank, am I being petty? Should I just live with this ? I'm aware neighbour issues can escalate and have no desire for that, I just want the darned thing angling slightly away from my solar panel. My aeriels are the chimney ones...his is the new one at the front aspect. Thanks for reading this. 
    • Sorry I should have seen that. Vcs always reply to SARS at the very last minute 
    • Sar(email to VCS) went on 07/08/19 and CPR letter went on 14/08/19 to dcb legal.
    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
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You said before about a car & finance - what sort of finance is it?


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ccj - civil case - jan 2014 - £8 k nearly

applied for redetrimintion hearing - attended march & June

told Judge I could sell an old caravan and some other items - table & chairs and jewellery

 

 

managed to pay off £5,000 since April - offered £20 a month for balance -

claimant solicitor's not happy with £20 a month threatening me with HCEO - and charging order

I have exhausted all avenues to sell stuff and pay off a large amount £2 k was borrowed off my mum who a pensioner

 

 

my car Is on finance and is my only way of getting to and from university 56 miles round trip.

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5 threads on same issue merged for clarity of history

and passed advise.

 

 

please keep to one thread

 

 

dx


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hi

 

 

I have read some threads but I saw something about new law came into effect 6th April - my car is on finance and I use it to drive to Universty ( 56 mile return trip daily) so its to my place of study. Is it true that my car cant be touched or clamped.

 

The answer is not quite as simple as I wish it was.

 

The new regulations have actually provided significant protection for students given that they have provided that goods (including vehicles) are exempt from seizure if used by the debtor ONLY in the course of employment or 'education' (which must include necessary to get too and from university.

 

The second part of the question is not quite so simple. If a vehicle is subject to finance then it is not automatically considered exempt (although in a lot of cases it will be). One of the deciding factors will be the what 'equity' there is in the vehicle. For example, a vehicle could be purchased for £15,000 but subject to just £5,000 of finance ( leaving 'equity' of approx £10,000.

 

Another 'deciding' factor will be the 'type' of finance.

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The likelihood is that the car will not be exempt from being taken into control because of its use but will be exempt as ownership is likely to be with the finance company.

 

What kind of finance did you take out (e.g. Hire Purchase) what was the term/price, how much have you paid and what is the value of the car?

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car is two yrs old citroen picasso - debt on it is still £3k left to pay - valued at approx. £8k - HP with citroen

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Just had a county court official on doorstep who given me a order to attend court for questioning.

I am already paying this debt at £50 a month and I am a full time single parent student - one of the questions I am been asked is

 

 

how did I pay for my Daughter christening last month and can I produce receipts?

 

 

My mother actually paid for most of it and I sold some of my Daughters clothing and equipment to pay towards cake and other expenses.

 

 

Is this not an infringement of my rights.

 

 

This beggars belief.

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It a family member - the same solicitor handled my ex husband divorce so this other family member used same solicitor - she obviously thinks I have money.

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old and new threads merged for history of advise

 

 

please keep to one thread

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I am sick to death of all this

 

 

already produced income and outgoings when I attended court in June.

 

 

When does all this crap stop.

 

 

Am I not allowed to private family life

 

 

- what will happen with birthdays and Christmas ???

 

 

will I be asked to attend court and produce evidence as to how I afforded toys for my baby.

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family member - I have a ccj for £7 k ( Jan 2014) - paid off 4k off it - this family member clearly thinks I have money I am single parent on benefits and now a full time student.

 

 

In September I was called to DWP ( compliance interview) to be informed an email was sent saying I had assets and 30k of savings- I was shown the email and quite clearly it was sent by thus family member - it mentioned court hearing.

 

 

Next thing I get calls from reporters ( she sold her story to magazines and Mirror) I put phone down and say no comment.

 

 

Last night at 9 pm a court official I believe - calls and hands me N39 - to attend court to ask how I paid for My Daughter christening last month. This is surely a breach of my human rights and was a religion occasion attended by close family with carvery afterwards.

 

 

I am now thinking Birthdays and Christmas for My Daughter will be called to court all the time and I am questioned over this.

 

 

I have paid a considerable amount of this debt and paying a fixed monthly amount which is more than court suggested.

 

 

 

 

What can I do????

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Thread moved to General Legal Issues.

 

The guys will advise as soon as they are available.


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family member - I have a ccj for £7 k ( Jan 2014) - paid off 4k off it - this family member clearly thinks I have money I am single parent on benefits and now a full time student.

 

 

In September I was called to DWP ( compliance interview) to be informed an email was sent saying I had assets and 30k of savings- I was shown the email and quite clearly it was sent by thus family member - it mentioned court hearing.

 

 

Next thing I get calls from reporters ( she sold her story to magazines and Mirror) I put phone down and say no comment.

 

 

Last night at 9 pm a court official I believe - calls and hands me N39 - to attend court to ask how I paid for My Daughter christening last month. This is surely a breach of my human rights and was a religion occasion attended by close family with carvery afterwards.

 

 

I am now thinking Birthdays and Christmas for My Daughter will be called to court all the time and I am questioned over this.

 

 

I have paid a considerable amount of this debt and paying a fixed monthly amount which is more than court suggested.

 

 

 

 

What can I do????

 

 

Hi, has the DWP accepted that you have no such savings?

 

 

What is "the story" being told by the family member?

 

 

If the "story" untrue and therefore libellous, you have cause of action in regard to the family member and the publisher (s) of the "story".

 

 

You will need qualified legal advice to proceed with this I think.


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Threads merged (yet again) ...please do not start new threads on the same matter.

 

Regards

 

Andy


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