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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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davyatsea

NRAM Considering IVA for unsecured element

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Hi there,

 

I have recently sold a property which was mortgaged on the well known Together product.

 

I financial advisor advised that I delink and retain the surplus as a deposit towards the purchase of a new property

(currently renting at present due to relocation).

 

The apr on the unsecured element has jumped to over 12%.

While this was not unexpected, this is a huge amount,

and with the remaining term of 25 years,

I will be paying in excess of £100k on an original £30k unsecured element.

 

To me, there must be a case of mis-selling here.

 

I know there have been moves to challenge all this, with nram actions groups etc, but it seems to have gound to a halt.

 

Question is

- has anyone successfully challenged the crippling t's &c's of this hike in apr?

Is this something worth pursuing. Its late at night,

so I can elaborate more on my specific circumstances during the wekl.

However, any advice would be greatly appreciated.

Many thanks.

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I think we need more info? Are you saying that you had an unsecured loan of over £25k? I suspect most lenders would be reluctant to lend to buy a property when the deposit is also a loan. Doesn't make sense to me.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Hi Caro, Many thanks.

 

The original unsecured element was for £30K over 30 years and was taken out in Aug 2006.

The current outstanding amount is £27K with 22 years left on the term.

 

The issue here is not whether I can get a mortgage or not.

That is something I will deal with when the time is right.

 

The issue here is whether anyone has challenged the crippling repayment amount that NRAM has set.

 

In my case, the repayment amount per month has risen from £169 to well over £300.

Multiply that over 22 years, and the figure is well over the original amount.

 

While this is not as bad as payday lending, it is a high interest rate compared to other lenders.

I know lenders are reluctant to lend, which now puts me in a difficult position, as I'm sure many other people are.

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Does anyone else have any advice on this. Has anyone successfully challenged what I consider to be unfair terms and conditions?

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Hello there.

 

I expect the forum regulars will see your thread over the course of the day, but not everyone here will have dealt with what you're talking about or know the answers. Please bear with us.

 

HB


Illegitimi non carborundum

 

 

 

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Hi there. Just wondered if anyone has got any ideas - it's been a couple of days since I've checked my thread and it seems to have gone a bit quiet. Many thanks.

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What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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That's what I'm hoping.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Many thanks. I had heard about this in the press lately but was unsure of the detail. If any refund is due, which looks likely, then that will enable me to effectively reduce the repayment term and have this debt repaid much sooner. I will be watching the other thread with great interest.

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Can you use part of the new mortgage to pay the unsecured element? That would seem to the best way of doing it if at all possible.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi,

 

I am also researching this, having just sold my house which was part of the 'Together Mortgage'. Left with 25k of my 30k unsecured.. Happy that I may be getting 6k back but my question is....

 

Given that the unsecured APR is going up to approx. 12.6% .... However, with this in mind perhaps it's worth pursuing this under the CCA given that a recent NRAM letter specifically states something like "In line with the CCA we are increasing your unsecured interest rate from 4.7% to 12.6%"... Any thoughts, given that the 25k+ doesn't fall under the CCA after all?

 

 

Steve

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I would never borrow from these sharks again...they are just as bad as WFS.

 

Check your terms and conditions of the unsecured....which I would have guessed they dont have it if your loan was around 2006.

 

Or even better do a Subject Access Request.

 

Bet they dont say anything about increasing apr from 4.7 to 12.6%...may even state that the interest rate will be no more than xxx bank of england base rate:-)

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Many thanks. A couple of good ideas here, especially following the recent court ruling. Next thing for me is the SAR once I've gone through the T's and C's.

 

David

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Hi there,

like many others,

I am saddled with an unsecured element of the NRAM Together Mortgage since selling my property in 2014.

 

The debt currently stands at around £27K with a monthly repayment of over £300 per month.

Recently we have fallen into arrears and the only way we can reduce the arrears is to repay £400 for at least the next year.

 

The overall balance of the loan is not reducing at all,

and due to the high interest rate,

there appears to be little scope for effectively reducing the balance.

We are now in rented accommodation with no hope of getting a mortgage to buy our own place again.

 

Looking around, it appears that no-one has successfully challenged NRAM about the extortionate interest rate

(bearing in mind that the debt is currently state owned).

 

This can only be quite a predicament for myself and many others.

I am now at the point of considering an IVA to try and clear NRAM in five years

rather than the 20 or so years that is remaining on this loan.

 

Has anyone else managed to get an IVA with NRAM included, and if so, under what conditions?

 

Is there another way out of this as I have had an IVA previously (which did not include NRAM) and I am naturally nervous of this - especially as it effectively prevents me from buying any house, or evening moving house for the foreseeable future.

 

Any advice would be greatly appreciated.

 

Many thanks.

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Many thanks DX. I've had a look at the other thread and it answers the question about the paperwork issue.

I still have the question about whether to go for an IVA or not, so I can start to chip away at the actual balance.

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keep to one thread please

 

threads merged. and tidied.

 

 

dx


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

 

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Morning all.

 

Many thanks dx for sorting out the threads for me.

 

To be fair, it does keep it all together.

 

Does anyone have any thoughts on the NRAM situation?

 

Whether to go for an IVA or whether there is another way of dealing successfully with NRAM?

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Any ideas anyone.....? Many thanks.

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Hi everyone.

 

Its been a while since I've been on, but I've being doing some research in the meanwhile.

 

To cut a long story short,

NRAM have now placed my account on an 'Interest Forgiveness Concession Arrangement'.

 

They have agreed to reduce the interest (haven't said by how much).

 

They have also accepted my payment offer of £194 per month for the next year, and have confirmed that my overall balance will not increase over the next year.

 

This has been a long road to get to this point, and is not over yet, but this is a MASSIVE step forward.

Many thanks for all your help and advice so far.

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time to sar

get all the statements

 

 

and get reclaiming all the penalty fees they've levied on you


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

 

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SAR has been sent to NRAM last week - also to original IVA provider. I am keen to find out whether NRAM should have been included in original IVA, and also to investigate/reclaim fees etc.

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