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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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tartanblood

hoist/cohen claimform - santander car loan

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Hi, I have copied my Cahoot Fixed Loan Agreement, but think they may have ticked all the boxes - any advice would be appreciated as to if it is enforceable thanks

scan0001.jpgscan0002.jpg

Edited by tartanblood

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Well as it has been a few days since my original post, I am presuming that the agreement is enforceable??????

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take it to your c.a.b, they will tell you straight away if its ok or not.

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they are useless - and the nearest one is 30 miles away. I'll just forget it and pay them.

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Take a look at this link and compare your agreements to the information posted. This thread has been put together by the very knowledgeable Steven4064 and covers the issues you need to consider.

 

M

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html


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I've looked at the terms for an enforceable agreement from the very knowledgeable Steve

 

 

my agreement did not contain any 'rights to cancel' not did I receive anything about cancelling the agreement from them.

 

 

So it might appear that the agreement is not enforceable - where are u very knowledgeable Steve?

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Where are you at with this loan? Defaulted? Still paying?


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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I've looked at the terms for an enforceable agreement from the very knowledgeable Steve and my agreement did not contain any 'rights to cancel' not did I receive anything about cancelling the agreement from them. So it might appear that the agreement is not enforceable - where are u very knowledgeable Steve?

It states that you have 14 days from signing that you could cancel the agreement, sorry but it looks enforcable to me.

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oh well, I will just wait till the letter arrives from court.

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The only person who can tell you if this is enforceable is the Judge at a CC hearing....if it doesn't contain prescribed Terms then s127(3) is a complete defence ..if other elements are missing then only the court can enforce so this would be subject to cancellation rights ( which are there!) and default notice.

 

If this were mine I wouldn't want to go to court with it as its got everything needed to enforce


Live Life-Debt Free

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Hi - out of the blue I received a letter from Hoist Portfolio for a Santander debt.

 

I checked my credit file and there was nothing there.

 

I wrote to them saying it was statute barred but they took me to court anyway.

 

I have now received a letter from Howard Cohen with a printout of payments showing the last payment made to my account was 9th March

- they filed the court claim on 21st February.

 

I am defending this saying the suspicious printout has no reference to me and could be anyone

and also it is suspicious that the claim is 2 weeks before the debt would have been statute barred.

 

To be honest I don't think I have a leg to stand on but your advice would be appreciated.

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Please will you put up the claim form and tell us a bit more about this in a structured chronology.

 

Is this an overdraft debt?


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What defence did you enter. . If it was statute barred, did you get hold of statements of account from Santander ?

 

You need to get hold of full details of that last payment on 9th March ? Who made the payment, bank sort code/account or debit card used ?

 

Think you will need to make enquiries with Santander as a matter of urgency to verify when you last made a payment.


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Do you mean you are going to court on 3rd July ?

 

If you do mean June, then I think you have missed it ?

 

You might be able to get hold of the last payment date by telephoning Santander. You don't need to tell them why you are asking, simply say you would like to establish the last payment date.

 

If they aren't helpful, then you can write to Howard Cohen requesting details of the payment.

 

Was it made by Direct Debit - Postal Order, cheque, over the phone, bank transfer or payment over the bank counter. Then you require supporting details for whatever method they say it was.

 

There are a lot of these "phantom" payments and they are usually seen off fairly swiftly.

 

If Howard Cohen don't provide this information in time, then it is important you raise the issue at court.

 

What was the amount of the payment and also was there a time lapse between this March payment and the previous payment.


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sorry mean 3rd July.

 

I have written to Santander and they have never replied.

 

It was for a car loan

 

 

the printout from Hoist (Howard Cohen) shows £8000 was taken out in March 2006

 

payments made regularly until 9.3.2009 reducing the balance to £3463.52

they then stopped

and the solicitors are now asking for £4364.53.

 

The printout does not show any name or account number it is just headed Santander.

 

The payment was £152.66 every month regularly from March 2006 to March 2009.

 

I have tried speaking to Santander on the phone as well

but as it was so long ago I cannot remember my security answers

and they won't speak to me :(

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The payment was £152.66 every month regularly from March 2006 to March 2009.

 

Ah, so it wasn't an out of place payment.. darn it .

 

I have edited the thread title for the date :)


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

 

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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Have you applied for a CCA? Have they sent one?

 

Please will you tell us what you put in your defence.


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I have said that I do not acknowledge the debt.

 

I have asked Santander to provide information and they have failed to do so.

 

I do not accept that the date is correct as it is only 2 weeks before it will be statute barred.

 

I have asked for official information showing clear payments that I have made

and the dates that I have made them rather than just a slip of paper with payments and dates.

 

I have also asked the court that the original signed agreement be provided.

 

I have asked why the debt has increased by over £1000

 

and I have also asked that I be given time to pay if the judge finds in favour of Hoist.

 

Received a claim form from MCOL in November 2013

 

submitted my defence and heard nothing.

 

The debt is due to be over 6 years old at the end of the year.

 

Does this mean it is statute barred and cannot be pursued or because the creditor put in a claim form 18 months ago

 

does this give them the opportunity to collect forever?

 

Thanks :)

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You should be asking by what method this "mystery payment" was made i.e. cheque (cheque number and account), card payment (time, date, transaction code) - if bank transfer - which branch, time date etc.

 

It has been known for payments to appear on an account just before it becomes statute barred - a common one is for the £1 or £10 payment for a copy of CCA or SAR to be used as a payment on the account. When challenged these payments usually disappear and are labelled as "mistakes" - claim then goes away..............


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Received a claim form from MCOL in November 2013 submitted my defence and heard nothing. The debt is due to be over 6 years old at the end of the year. Does this mean it is statute barred and cannot be pursued or because the creditor put in a claim form 18 months ago does this give them the opportunity to collect forever?

Thanks :)

 

Threads merged...please do not start new threads on the same matter.

 

Regards

 

Andy


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

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Hi -

tried to defend a claim from HOIST but the judge obviously did not read any of my defence and

now I have a 'General Form of Judgement ordering me to pay £4740 on or before 29th July 2015.'

 

As I do not have this amount and am struggling to pay anything at the moment could someone please tell me what I do now?

 

I did put in my defence that if judgement was awarded to the claimant

 

could I be allowed time to pay - but that was ignored too.

 

Thanks guys.

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Did you admit the debt in your defence?

 

If so guaranteedway to get a CCJ

 

Shame you did not come here first

 

What was the history of the debt when was the last payment made


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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did you attend court - need to give more information on case.


:mad2::-x:jaw::sad:

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No I did not attend court as I could not get the day off work - I did not admit the debt and I did come to you guys but you did not get any advice.

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