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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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pammiec

Letters from debt collectors for former tenant

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My daughter and her fiance moved into their rented property just over a year ago and

keep receiving letters from debt collectors addressed to the previous tenant.

 

 

They keep sending them back marked 'Not known at this address',

but they still keep coming and they're a bit worried about what to do if someone turns up on their doorstep.

 

I've taken the most recent letter from them and intend to give Cabot a piece of my mind when they open on Monday morning,

and was just wondering which agency I should threaten to report them to.

 

Any advice gratefully received.

 

PammieC

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Doing anything on the phone will not help.

You must put everything in writing.


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Hi pammiec

 

Write to the CEO, send it Recorded Delivery. Once they've been informed, and if they persist in any further contact i.e. post, telephone, doorstep callers etc, then you will view it as harrassment. Mark it a Formal Letter of Complaint.

Mr Ken Stannard

Chief Executive

Cabot Credit Management

kstannard@cabotCM.com

 

It's stated in the Debt Collection Guidelines:-

 

http://www.gosportcab.hampshire.org.uk/OFT_Debt_Collector_Guidance_Oct_11_Rev.pdf

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Thank you!

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Quite simply if anyone does show up just show them a copy of the tenancy agreement. Make them wait outside. Any further contact after that will definitely be looked upon as harassment.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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If anyone turns up, just laugh at them. Lots.

 

Even better to keep them waiting at the door if its raining..

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If anyone turns up, just laugh at them. Lots.

 

Even better to keep them waiting at the door if its raining..

And film them even with a mobile phone, they cannot stop you doing that either.


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And film them even with a mobile phone, they cannot stop you doing that either.

 

 

What actually will this achieve, if you want to play around and avoid debts then carry on. If you prove that you are not the person they are looking for then they will go away and the annoying letters and visits will stop. If they don't then you have a real case of harrassment. Nobody messes them around more than me. Get rid before they start investigating who really lives at your address you may get some surprises you are avoiding or have forgotten about. Take it from someone who knows.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I really do not see the problem with the scores of people on here concerning them selves with other peoples debts and letters, if it ain't your debt why worry.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I really do not see the problem with the scores of people on here concerning them selves with other peoples debts and letters, if it ain't your debt why worry.

 

Incredibly selfish attitude to take... especially seeing as you have benefited from advice given by those very same concerned people !!


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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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I really do not see the problem with the scores of people on here concerning them selves with other peoples debts and letters, if it ain't your debt why worry.

 

 

Well we might as well wind up the forum then - because it really has no other purpose than to concern itself with the debts and other problems of other people.

 

Have you had a bad day?


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"If you prove that you are not the person they are looking for then they will go away and the annoying letters and visits will stop."

 

Numerous threads on the forum suggest otherwise. My own experience too. A bank once purporting to be ethical sent a lying private investigator to my house and my neighbours' too. Despite not finding the person, letters continued. I could have stopped them, but wanted them to waste their resources.

 

Proving that you are not the person they want does not convince them that the target does not live there too or have a connection. Hence the collection activity may persist.

 

People who are vulnerable are by their circumstances likely to worry about repeated letters, doorsteppers and worse - they may think bailiffs could bash the door down at 5 a.m. If someone is in a bad state of mental health even some of the DCA envelopes - designed to intimidate - can cause worry.

 

Not everybody has your level of confidence to deal with potentially adverse situations. Nor do most people know their legal rights when it comes to being chased for a former occupant's debt.

 

As for . . .

 

"get rid before they start investigating who really lives at your address *you may get some surprises you are avoiding or have forgotten about*. Take it from someone who knows."

 

. . . heaven only knows what's in your head. Maybe you have some terribly menacing skeletons in your cupboard and assume the rest of us may have too.

 

I suspect that Citizen B and Bank Fodder misunderstood your subsequent post as referring to all members seeking help on the forum rather than those who worry about debt mail arriving at their homes for other people. However, in view of your attitude overall, you may not find much sympathy coming your way since your post might appear offensive to the "scores" of people you seek to denigrate.

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What actually will this achieve, if you want to play around and avoid debts then carry on. If the debt is not yours it grounds evidence of on going harassment, as the time date stamp and video file metadata will corroborate this as to time and date of file creation especially if they have been sending multiple letters and there is a log of calls If you prove that you are not the person they are looking for then they will go away and the annoying letters and visits will stop. If they don't then you have a real case of harrassment. Nobody messes them around more than me. Get rid before they start investigating who really lives at your address you may get some surprises you are avoiding or have forgotten about. Take it from someone who knows.

 

Response in red text above


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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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