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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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Hi all,

 

Long time lurker, first time poster. I have used this site for good solid advice in the past and thought it was time to give something back.

 

Until last week I worked for Provident and this is an opportunity to ask a former employee anything. I left the company on good terms and am not using this as an excuse to throw mud at my former employer.

 

I will not disclose company secrets and I won't tell you how to get out of paying back a loan that you've taken out. Beyond that I'm happy to answer any questions you may have.

 

Oh, and I realise that this might look a little suspicious as I'm new to the forum, if any mods want proof that I am who I say I am, I'll be more than happy to provide it.

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... I won't tell you how to get out of paying back a loan that you've taken out.

 

That's what we like to hear, the site has never been about how to avoid paying back a legitimate debt.

 

Welcome SP

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Hi

 

Story so far...

 

been a customer of provident and greenwoods for over 10 years. Alqays paid loans off in full and from memory always on time.

 

in november 2011 i took out 500 loan with provident (15 repayment per week over 60 weeks)

 

the following month took was offered and took 1,000 loan from greenwoods (20 a week over 104 weeks)

 

in feb 2012 took out 1000 loan with prov at 30 a week over 60 weeks.

 

followed with a final loan of 400 with greenwoods in april 12 (12.80 a week over 55 weeks)

 

So that was 2,900 paid out in less than 6 months with no credit checks or proper affordibility testing. Agents just popped by gave me the money and was just a case of me popping my signature onto the contract.

 

In hindsight this was hardly the proper way things should have been done!

 

So in total I had 5,504 to pay back at 311.20 every 4 weeks!!

 

still not paid everything back and defaulted a long time ago.

 

currently owing 1,600 so paid off 3,904 which is 1,000 more than was borrowed in total on the loans

 

manager calls by once a month and i pay what i can afford which has been 50 a month for last few months.

 

currently just short of 8 grand in debt to a total of 7 creditors

 

in view of fca's decision with wonga about the granting of loans which shouldnt have been offered in your opinion have I got a leg to stand on by arguing that the debt should be written off?

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Hi

 

Story so far...

 

been a customer of provident and greenwoods for over 10 years. Alqays paid loans off in full and from memory always on time.

 

in november 2011 i took out 500 loan with provident (15 repayment per week over 60 weeks)

 

the following month took was offered and took 1,000 loan from greenwoods (20 a week over 104 weeks)

 

in feb 2012 took out 1000 loan with prov at 30 a week over 60 weeks.

 

followed with a final loan of 400 with greenwoods in april 12 (12.80 a week over 55 weeks)

 

So that was 2,900 paid out in less than 6 months with no credit checks or proper affordibility testing. Agents just popped by gave me the money and was just a case of me popping my signature onto the contract.

 

In hindsight this was hardly the proper way things should have been done!

 

So in total I had 5,504 to pay back at 311.20 every 4 weeks!!

 

still not paid everything back and defaulted a long time ago.

 

currently owing 1,600 so paid off 3,904 which is 1,000 more than was borrowed in total on the loans

 

manager calls by once a month and i pay what i can afford which has been 50 a month for last few months.

 

currently just short of 8 grand in debt to a total of 7 creditors

 

in view of fca's decision with wonga about the granting of loans which shouldnt have been offered in your opinion have I got a leg to stand on by arguing that the debt should be written off?

 

 

 

 

 

A clear case of irresponsible lending imo.


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I think people need to remember that not being able to pay back your loan doesn't automatically entitle you to get your interest back

or for your debt to be written off.

 

 

the story in the news is more so about that based on the information at the time of taking the loan

that it should have been obvious that it wasnt affordable for many reasons

 

 

such as not enough income for the amount borrowed

or a bad credit history that shows unlikely to pay back

or is already struggling with debts.

 

 

if your circumstances changed after you took out the loan

like change of job, became ill or became wreckless or unable to manage your money properly when you did before

and then defaulted on the loan that wouldnt count as it was not originally a bad lending decision.

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That is a very fair point.. and to be fair they were taken out before I got embroiled in payday lender debts. I suppose ive only myself to blame for decisions made but I think lending without credit checks isnt good business practice.

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I'd hold off giving Stg Pepper any personal details until CAG can verify who they are.

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Hi Wilko,

 

Sorry for the late reply.

 

2 questions for you.

 

1. Every time a new loan was issued

the agent should also have completed a separate form with you called the customer details form.

 

 

On that form is a (very very basic) income and expenditure statement that should have been completed

to assess your financial situation at the time of issue.

 

 

Do you remember doing this?

 

 

When loans are being issued over such a short period I have seen agents not recording the repayments

for previous issues on the form thus making your finances appear better than they actually are.

 

 

Up until very recently the Provy and Greenwoods agents would act completely autonomously of each other

so I would be interested to know if each agent recorded the repayments for the other brand?

 

2. I doubt it given the short period between the issues

but can I assume that when you were given all these loans you were given the full value in your hand?

i.e. the agent didn't use some of the balance to pay off a previous loan in an attempt to "manage" your weekly repayments.

 

Cheers

 

SP

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Hi SP

 

I do recall agent moaning about all the new forms they had to fill out but for me all what happened was a very very brief conversation - how much rent do you pay, i cant evdn recall being asked about exiating debts. Nor do i recall being given a copy of the form he filled out.

 

As for paying off existing loans - no... all loans barring the april 2012 one still have outstanding balances so none of the borrowed money went towards paying anything off.

 

I feel very embarrased about being so stupid but when you have a gambling problem and you 'need' money its very easy to take whats been offered to you

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Remember being told when i got £1000 that he 'wasnt allowed to do £1000 as one loan' so had to sign 2 separate loans at 500 each

 

clearly was just a money making scheme, there were no questions about why I even needed/wanted the money. I guess if was just a case of lending out as much as possible as the more you lend the more profit can be made

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Two separate loans at £500 will cost exactly the same as one at £1000 in interest charges,

the reason they do this is to make refinancing easier further down the line.

 

 

The terms have changed slightly since you took your loans so I'll use the new ones for my example as I find them easier to work with.

 

 

This example isn't really helpful to your situation but it might serve as a warning for others looking to take out further credit with Provy.

 

Say you borrow £1000 over 63 weeks the cost is £30pw or or £1890 over the term,

a £500 over 63 weeks will cost £15pw or £945 over the term.

If after 35 weeks you are looking for more credit (or the local office is in the middle of a sales drive)

and you still owe £840 it makes it difficult to refinance you as the company would need to lend you at least £1600

(the minimum cash in hand percentage they must give without authorisation is 50%)

 

 

If however you have 2 loans of £500 you still technically owe £840 but there is only £420 outstanding on either loan

- the company can then refinance you with a loan of £850 thus putting up your rate less than if they'd refinanced you at £1600.

 

My suggestion to you would be to SAR them.

 

 

Get copies of all the CDF's that were completed at the time of issue.

 

 

Your best hope is if the existing loans were not recorded in the "all other loan repayments" field on the form.

 

 

Whilst I may have said that the agents acted autonomously of each other that wasn't because they had to,

frankly it was because they could

- the facilities have always been available for them to verify any amounts that you are already paying

to the company regardless of what brand the loan is with.

 

 

Should this be the case the company has not demonstrated responsible lending in my opinion

and somebody more knowledgeable than myself can tell you how to proceed.

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