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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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Close Brothers Premium Extra Charges

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hi all ,

 

i Really do hate these insurance people i was 1 day late and HAD to pay the £30 charges ,

 

mine was due on the 27th November and inbetween having my therapy and seeing to my mother who has breast cancer and i had dentist that day but i STILL tried ringing them even off my mobile (god knows what the charge will be)

then when i managed to get through before they closed they put the phone down on me ,

 

and they are not open till monday , not that will listen to me but im not paying anymore charges that are not my mistake ,

 

only recently lloyds bank had taken £194 in charges over 5 months and they gave me back £50

thats why i dont have a deirect debit set up with close brothers

 

can anyone help im literally 2 months away from having 70% no claims

id otherwise change my insurance straight away

 

because of the street i live in , theres been people ringing the police is someone damaged there wind mirror ive had to tell them all , they are not going to go after someone for damage all you have done is put our insurance up

im 38 been driving YEARS and i own a renualt megane dynamique and im paying £1300 a year monthly instalements of £82.50

with those £30 on top charges i just dont have the money ive had to borrow of my dad to pay them in the first place

 

anyone have any ideas gladly appreciate it

thanks everyone

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any penalty charges are unlawful and can be reclaimed


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

 

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any penalty charges are unlawful and can be reclaimed

 

Is that true…? My friend had £4k's worth of penalty charges at Barclays… he was in receipt of HB, too… but they refused to reimburse and just gave him a 'good will' £50 cheque.

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Is that true…? My friend had £4k's worth of penalty charges at Barclays… he was in receipt of HB, too… but they refused to reimburse and just gave him a 'good will' £50 cheque.

 

 

see the Barclayslink3.gif successes forum goto court they'll fold at the last min

 

 

dx


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

 

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Close brothers are not the insurers, they are the finance company who finance yr monthly payment option. Watch out because as well as close bros trying to fleece you with charges, the insurer too will try adding non payment charges as well, all of which are unenforceable.


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makes sure if they are and take the charges using your DD that they have written to you first

 

 

if they vary the fixed amount given in the schedule you got with the finance deal

they must write first.

 

 

if they dont and just take the fees

then get the payment back under your banks DD gurantee


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

 

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Good grief, my insurance is £190 pa full comp. You really need to look around or visit a comparison site.

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I am in a similar position to Conniff - I have been running around in a 13 year old Suzuki Wagon for three years, with fully comp insurance at 290 pounds.

 

Bought a brand new Dacia in September, and my insurance is now 270.

 

Oh yes, and I am 70 years of age!

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Good grief, my insurance is £190 pa full comp. You really need to look around or visit a comparison site.

 

likewise, late 30's with ten yrs ncd and a 250bhp car and I'm less than £300pa with business use.

 

You really ought to do some serious shopping around on your next renewal, don't leave it to a broker - get on the comparison sites and on the telephones and play 'em off against each other. I've never renewed with the same company, you'll always get a better price as a new customer.


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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500+ BHP fully comp with business use £214, never use a broker always shop around

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I'm about to lock horns with these guys

 

How to i claim the fees back?

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Start your own thread first jim!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I didn't want to clog the forums with more posts

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start a new thread


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

 

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I didn't want to clog the forums with more posts

 

You wont


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I didn't want to clog the forums with more posts

 

You wont

 

You definitely wont, we have all the space and time you need jimjimjaroo

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