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    • 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.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Morning all, long time lurker first time poster...

 

I have been repaying my water company debts through Marston,

until last week was regularly repaying £85 on the 21st of each month.

Then I switched jobs to work for the NHS as a bank support worker.

 

 

The pay is much better than my previous employment,

but the NHS isn't run like a private company,

 

 

I recieved my first paycheque this morning, two weeks late because my line manager had been too busy to complete my registration.

 

I wrote to Marston to tell them this and said I would be able to pay today (the 1st)

and even offered an additional £50 for the inconvenience and to get proof of the delay from my employer.

 

They replied and said my letter had been passed on to their client,

but in the mean time told me that as I had not held up my end,

the agreement had been terminated and they would proceed with enforcement for the full balance of around £3200.

 

 

I made my late payment anyway and offered to increase my repayment to £100 due to my new job,

 

 

now terrified they are going to ignore this and show up, take my (£1000) car and try and get into my house for my goods.

 

I have been on antidepressants for over ten years and while I am currently dealing with my mental health problems, this sort of issue is exaclty the type that would make me stop going to work and ignore everything once more, which will only make situations like this much worse.

 

Any advice on what to do next would be gratefully received.

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Contact the Water company the CCJ is owed to, as it is their decision, as to what happens in regard to debt enforcement. I should imagine that armed with the information they would be happy to continue with the payment arrangement and advise Marstons of this.


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I'm just about to leave for work, so for you to reply so swiftly sets my mind at ease. Thank you so much.

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Hello and Welcome LW1974,

 

I have moved this thread to the Bailiff Forum.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

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It is not quite as simple as it sounds to sort this out. Marstons are obviously attending as High Court Enforcement Officers and if the Water Co accept anything from you they are supposed to pass it on to Marstons as they can be held responsible for the fees. I assume the arrangement you had with them was just a mutual one. It would be far better going back to Court and applying for a Variation Order & also a Stay of Execution against the Writ they are enforcing.

 

You will find that if you ask you will have paid very little off the original debt as Marstons will have kept maybe as mush as 60% for their fees etc. If your applications to Court are successful then that removes Marstons from the equation as long as you keep to the payment plan ordered. If need be we can help you with the applications.


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well said PT

something fishy going on here

 

 

and a £3200+ CCJ that's one hell of a water bill

did you not defend the CCJ in the first place

and as for passing it on to HCEO ...urm...

 

 

when did they get the CCJ

did you know about it

or was your 1st knowledge the bailiff at your door

and you've been paying them ever since?


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

 

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What water company is this, and what was the original debt?


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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I see elsewhere you have been offered a Para-Legal. On the face of it a good idea but you should ask:

a - are they Licenced

b - what qualifications they have

 

Read more @ http://www.nationalparalegals.co.uk/


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I see elsewhere you have been offered a Para-Legal. On the face of it a good idea but you should ask:

a - are they Licenced

b - what qualifications they have

 

Read more @ http://www.nationalparalegals.co.uk/

 

Yes please do be very careful, it is known you will quite likely be expected to initially pay for a 'telephone consultation' (£35) before the 'paralegal' can become involved.

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God don't go with that lot

Load of ole twaddle that'll cost you dear and give you bad advice

 

Dx


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

 

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Thanks all. I contacted Welsh Water and have prepared the application to the court pending their reply.

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application to court for what?

 

 

dx


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

 

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