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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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Lsiobhan1783

PRA Group/judge and priestley Claimform - old HBOS Aqua Credit Card 'debt'

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Hi, I am looking for a little advice.

 

I received a claim form from the county court business centre from the claimants Pra group.

 

I then completed a CCA request and CPR request,

which the claimant and their solicitors did not fulfil.

 

 

I filed my defence, and was updated by the claimant they would provide the documents in due course.

 

The claim was then allocated to the small claims track, and mediation was offered.

I had to refuse mediation due to not having all the documentation, which the mediators recommended.

 

Within two days the claimants solicitors sent all the documentation from the CPR and CCA requests,

not sure if they were trying to avoid mediation.

 

I have the signed agreement from the credit card but I am a little confused.

 

The agreement was signed by me on the 4/10/2011 with bank of Scotland Plc for an aqua credit card

and stamped with I guess an internal stamp on 10/10/2011.

 

The particulars of claim state that it was an agreement with progressive credit ltd entered into on the 12/10/2011.

As the dates and the company do not match is this an issue,

 

The particulars of claim state default was made on 18/7/2012 but that last payment was December 2011.

 

The assignment from progressive credit to aktiv kapita was on the 24/1/13

however the particulars of claim states 29/1/13.

All assignment documentation has been provided finally.

 

They have also provided me with the notice of assignment from activ kapital to Pra group,

but only the letter from Pra not activ kapital, is this sufficient?

 

Any advice would be welcomed, thank you.

 

It is just following the provision of documentation they have advised me to withdraw my defence,

and I am unsure if this is correct

 

 

how I would go about doing it,

as I do not want a ccj on my credit file,

and do not have the fund to pay in full.

 

I will set up a payment plan if they own the debt,

it is just it seems debts have been passed from pillar to post

and I want to ensure I am paying the right person for the correct debt.

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Hi Lsiobhan1783 and Welcome to CAG

 

They ask everyone who submits a defence to withdraw (thats a template you have received)...saves them paying further fees to proceed.

 

As the particulars are inacurate and incorrect...they would be ill advised to proceed......ignore them until they make an attempt to lift the stay...then post back here for further advice.

 

Regards

 

Andy


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what date did you file you defence?

 

 

dx


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

 

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The devil is in the detail.

You say that there was an assignment from Progressive Credit to Aktiv Kapita

and you continue that there was a notice of assignment from Activ Kapital to PRA Group.

 

Was the first assignment really to Aktiv Kapita (no L) or do you mean Aktiv Kapital (with an L)?

If you mean Aktiv Kapital, what *exactly* is the rest of that company's title?

 

If the particulars of claim say one company (e.g. "Aktiv Kapital Portfolio AS" as the first assignee)

but the notice of assignment says a different company

(e.g. "Aktiv Kapital First Investments Limited")

then you are sitting on a successful defence.

 

How? Well,

always do a Subject Access Request to see which company's name appears on the notice of assignment.

If your credit card was with Progressive Credit (now called Newday)

and the notice of assignment says that they assigned the debt to "Aktiv Kapital First Investments Limited"

then "Aktiv Kapital Portfolio AS" was never assigned the debt.

 

 

If the county court claim states that "Aktiv Kapital Portfolio AS" was assigned the debt,

but the notice of assignment says it was a different Aktiv Kapital company,

then since "Aktiv Kapital Portfolio AS" was never assigned the debt,

then it couldn't have assigned the debt on to PRA Group.

That means that PRA Group has no legal standing to bring this claim at all.

 

 

The expression is "The Claimant has no locus standi", and it's enough to have PRA Group's claim struck out.

 

Whilst we're on the subject, PRA Group are currently wrongfully suing debtors of credit card companies around England on the basis that the debt was assigned to "Aktiv Kapital Portfolio AS" before it was assigned to them, when in fact the initial notices of assignment clearly state that debts were assigned to "Aktiv Kapital First Investments Limited".

 

This company, by the way, doesn't even exist! There used to be a Bermudan company called "Aktiv Kapital First Investment Limited" (without the S) but that is a completely different company because it doesn't have the S. In any case that Bermudan company went into a Members Voluntary Liquidation in 2013 and doesn't exist either.

 

Let's hope that the Financial Conduct Authority catch up with PRA Group's dodgy dealings soon and shut them down for good.

 

p.s. ALWAYS demand to see the Deed of Assignment too - not just the notice.

 

 

 

Hi, I am looking for a little advice.

 

I recieve a claim form from the county court business centre from the claimants Pra group.

 

I then completed a CCA request and CPR request, which the claimant and their solicitors did not fulfil. I filed my defence, and was updated by the claimant the would provide the documents in due course.

 

The claim was then allocated to the small claims track, and mediation was offered. I had to refuse mediation due to not having all the documentation, which the mediators recommended.

 

Within two days the claimants solicitors sent all the documentation from the CPR and CCA requests, not sure if they were trying to avoid mediation.

 

I have the signed agreement from the credit card but I am a little confused.

The agreement was signed by me on the 4/10/2011 with bank of Scotland Plc for an aqua credit card and stamped with I guess an internal stamp on 10/10/2011.

The particulars of claim state that it was an agreement with progressive credit ltd entered into on the 12/10/2011. As the dates and the company do not match is this an issue,

 

The particulars of claim state default was made on 18/7/2012 but that last payment was December 2011.

 

The assignment from progressive credit to aktiv kapita was on the 24/1/13 however the particulars of claim states 29/1/13. All assignment documentation has been provided finally.

 

They have also provided me with the notice of assignment from activ kapital to Pra group, but only the letter from Pra not activ kapital, is this sufficient?

 

Any advice would be welcomed, thank you.

 

It is just following the provision of documentation they have advised me to withdraw my defence, and I am unsure if this is correct and how I would go about doing it, as I do not want a ccj on my credit file, and do not have the fund to pay in full.

 

I will set up a payment plan if they own the debt, it is just it seems debts have been passed from pillar to post and I want to ensure I am paying the right person for the correct debt.

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they are all the same lot

wouldn't even both with NOA debacle 'route'

 

 

dx


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

 

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Hi,

 

Thank you everyone for the replies.

 

I sent my defence on 3/5/2016.

 

The companies name on the particulars of claim and notice of assignment was "Aktiv Kapital Portfolio AS Zug Brach".

 

Are the errors in their claim enough to defend it?

 

Also my defence was that they had not complied with CPA or CCA, do I need to amend this defence to state the particulars of claim are incorrect?

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no your def is ok.

nothing to worry about.

 

so as its now June's end

the claim is well stayed.

 

 

dx


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

 

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I received a letter on Friday in a brown envelope stating it is a notice of transfer, to all parties that the small claims mediation department team has arranged for the case to be transferred to my local county court.

 

It states that details of the judges directions will be sent to you in a notice of allocation.

 

Is there anything I need to do in the interim, and do I need to update the claimant that the particulars of claim are incorrect?

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no

 

 

until:

 

 

details of the judges directions will be sent to you in a notice of allocation.


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

 

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I have been sent the notice of allocation for 19th August 2016.

 

It states that's parties are encouraged to negotiate and the judges directions are:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing

7) the original documents must be brought to the hearing

8) the judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

9) the documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

10) witness statements must:

A) start with the name of the case and the claim number

B) state the full name and address of the witness

C) set out the witness's evidence clearly numbered paragraphs on numbered pages

D) end with this paragraph "..."

 

Is my evidence the documents the solicitors sent by email?

Also am I classing myself at a witness? Sorry I am very new to this.

 

Any advise would be greatly appreciated.

 

 

 

no

 

 

until:

 

 

details of the judges directions will be sent to you in a notice of allocation.

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I have hi-lighted above in red the parts you must comply with by the dates stated.....this is known as standard disclosure and exchange of witness statements.

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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So if the cpa and cpr have not been complied with ( the contract provided is with bank of Scotland yet the claim is for progressive claims Ltd, the notice of assignment have different dates) do I provide the documents the solicitors provided to me as the evidence? Also for witness statements would I be classed as a witness? If so what do I write? Thank you for pointing me in the right direction!

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Your disclosure is anything referred to or relied upon in your defence and witness statement...this is your evidence.

 

With regards to the form and content of a witness statement you will have to look around the Legal Success Forums and do some research...as you have only viewed 2 threads so far (including your own).

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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