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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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Newday AQUA CC Debt sold to robbersway whilst in dispute- wont return it to OC

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Hi all, newbie here needing advice before possible court action.

 

I was in dispute with Aqua over charges applied after they closed the account and my account was being managed by their dispute team.

However, Aqua sold the debt refusing to accept my dispute.

 

I had been getting hassling calls from DCA and kept asking them to return the account to Aqua.

Eventually after about 5 calls in 2 months i sent them a Cease and Desist email

(I know it should be by mail but they confirmed receipt of the email and later in writing.)

 

 

They have since just sent me copies of statements showing the balance being claimed matched the last statement.

Conveniently they had no record of the dispute with Aqua.

 

I dont dispute all the debt and offered them same as I offered Aqua (750 of a 1000 balance - the extra being i believe unenforceable charges

--In brief they've closed the account because they withdrew the product from all customers apparently.

 

 

I have a letter showing this and sent it to DCA.

At that time Aqua should have closed the account (to confuse matters Aqua never actually closed the account when they said in writing they would)

but had they done it,

 

 

i no longer had a line of credit and my argument is you cant charge overlimit fees once the limit is removed by closing the account.

I refused to pay them anything all the time they continued to charge me these fees, hoping common sense would prevail :|

 

I suggested to DCA they have 3 options

- return to Aqua,

accept my offer which is still probably double what they paid for it

or take me to court..

 

 

NB Till now, they have not yet sent me a copy of the original CCA so i suspect they are unlikely to go to court without it.

 

Just to add all the comms between me and Aqua were via their secure email as part of my account

and i attempted to get a copy of those mails and Aqua claim they are no longer available

so evidence of the exchanges cant be found.

 

Hence i am looking for general guidance about :

 

1) Can a CC sell an account in dispute?

 

2) Can a DCA refuse to return an account in dispute with the original CC

 

3) As part of the C&D letter I told them I would start charging for my time if they contact me further unless its to accept one of the three options

- i wont physically invoice them but presumably can keep a record and if it goes to court and i win ,deduct it from my settlement?

 

4) Any thoughts on my statement that once a CC account is closed by pure reason of them no longer offering the service,

can they charge overlimit fees still (and interest on that overlimit fees) when i no longer have a limit.

Surely it now just a debt which needs to be repaid?

 

Thanks for your attention...

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is this Halifax or newday?

 

 

dx


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

 

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no AQUA.. DCA moved from HPh2 ( never heard of them) to RobinsonWay

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1.yes

2.yes

3. sound freeman of the land to me..better forgotten.

 

 

4. once the agreement is terminated, no they cant

 

 

dx


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

 

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no AQUA.. DCA moved from HPh2 ( never heard of them) to RobinsonWay

 

 

aqua is newday

 

 

hoist portfolio holdings2 2 is robbersway.


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

 

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Boy you are quick..Thanks..

 

 

..So since my dispute all relates to those incorrect charges,

if DCA refuses my offer,

I should hold my nerve and be prepared to go to court?

 

 

My only doubt is that Aqua seem to have been selective in the information passed onto robbersway

and without concrete proof due to using their (Aquas) internal secure mail, have little chance of getting the proof.

 

I was considering a SAR.

Whether that would result in these "missing" comms between us coming to light i dont know.

.I think for now that having had the reassurance that you agree these extra charges are INvalid,

 

 

I'll see what robbersway come back with

-they are already late with producing the CCA but at least they are not hassling me further since the C&D letter.

 

Thanks again

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when did you take this card out?

 

 

pers I'd not be needlessly entering into letter tennis with a power less DCA

they ARE NOT BAILIFFS.

 

 

dx


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

 

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Hi not sure exactly of date but it was after 2007 - i believe it can make a difference if before then?

 

Dont get your last comment about letter tennis..I accept part of the debt but have only agreed to pay the DCA if they confirm the amount i am willing to pay would be full and final. I was actually amazed by the honesty of the last person i spoke to who said that if i only paid that amount they would still chase me for these rest.

 

So are you suggesting if they wont return the debt to Aqua , nor accept my offer to just hold my nerve and formally refuse to pay to force their hand?

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your speaking to a DCA on the phone!!

 

 

that's a very big no no

never ever discuss your debts over the phone

 

 

they threaten and promise anything they can because theres no record of it

simply to get money out of you

 

 

as I said before

a DCA is NOT A BAILIFF

and they have NO SUCH LEGAL POWERS.

 

 

regardless to IF you owe anything or not.

 

 

its worthy to always go thru certain stages if your debt has been sold to a DCA

 

 

the first of those is to send them a CCA request.

 

 

if the OC has sold the debt

it's near on understood that there must be something fishy with the debt

 

 

find out why by sending the OC an SAR.

 

 

as you've a pretty good idea this is penalty charges related pers I'd get reclaiming against the OC..

 

 

I certainly would not be looking at an F&F until those boxes are ticked

 

 

and if you've already got a default

its there for 6yrs regardless to whatever you do.

 

 

dx


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

 

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