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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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Sheehah

Former Employer accusing me of theft!

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Hi All, I have just received a call from the Police regarding an accusation of the theft some photographs by a previous employer. I worked for this lady for 10yrs and in this time there has been a high turn over of staff due to her behaviour. I finally had enough and left in November of last year and since then she has had several staffing changes (one of which she accused of stealing her money). Last week she sent me an email almost accusing me of the theft of her photographs, which I ignored with no longer working for her and it being quite snotty. Today the police called to advise that she had been in touch with them and named only myself as having possibly taken them. She told them I had only given my notice in last week (I have been working for my new employers for over a fortnight, having taken Christmas off. I gave my notice in November, took my holiday entitlement and also sick leave as she made me ill) and the police were lovely, advising me that as far as they are concerned the items may not actually be missing, but that they had to follow up on the call. I know that she is doing this out of spite as that is the kind of woman she is, but where do I actually stand if she persists? The police are welcome to check my home, but this is beginning to make me ill again and I do not want it to effect my new employment? Thank you

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Hi All, I have just received a call from the Police regarding an accusation of the theft some photographs by a previous employer. I worked for this lady for 10yrs and in this time there has been a high turn over of staff due to her behaviour. I finally had enough and left in November of last year and since then she has had several staffing changes (one of which she accused of stealing her money). Last week she sent me an email almost accusing me of the theft of her photographs, which I ignored with no longer working for her and it being quite snotty. Today the police called to advise that she had been in touch with them and named only myself as having possibly taken them. She told them I had only given my notice in last week (I have been working for my new employers for over a fortnight, having taken Christmas off. I gave my notice in November, took my holiday entitlement and also sick leave as she made me ill) and the police were lovely, advising me that as far as they are concerned the items may not actually be missing, but that they had to follow up on the call. I know that she is doing this out of spite as that is the kind of woman she is, but where do I actually stand if she persists? The police are welcome to check my home, but this is beginning to make me ill again and I do not want it to effect my new employment? Thank you

 

The Police will not be willing to spend any more time on this and will file it as no crime to investigate. Your ex employer will have to come up with more evidence that a crime has been committed and that you were involved.

 

Without any reasonable belief that you were involved in a crime, the Police would not be able to obtain any search warrant. If the ex employer complains to Police, all that is likely is that the Police ask you to attend an informal interview to discuss the allegation. They may take a signed statement from you that you deny the accusation that has been made.


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Thank you for the response.

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If she persists, and has no evidence at all, youc ould possibly look at harassment. But if you just ignore her prattling, chances are she'll just give up and bother some other poor soul.

 

As for a search warrant, they would need sufficent evidence to convince a judge to sign a search warrant. They wont just go on word of mouth. They dont even do that for drug dealers, thats why they watch the house or person for weeks or months before they even apply for one.


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Does ex employer know where you are working now ? If she is a complete arse she may call them up and accuse you of being a thief. It happens.

 

Are you protected in any way under the Equality Act ?

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she is probably sufering from mental health problems but as she oviously has considerable means these things were tolerated. I had my late father-in-law do the same, accused just about every familty member of theft of something or another. Three of use were arrested and then told a couple of weeks later that nothing further would be happening. FiL was also detained unde the mental health act when he assaulted one of the police officers who visited him but I must say that the whole thing was an awful inconvenience and distressing for MiL. I'm sure it will all blow over, 50% of coppers will have seen this before more than once and be sympathetic but they must investigate to see if a crime has been committed and if so by whom.

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I agree. It is understandably distressing to be accused in this way. But having survived ten years of it already, that suggests you have the patience of a saint and must feel sorry for her. Which is probably about the right "take" on things here. She probably doesn't understand what she is doing in any real sense of the word. You know the truth, and so do the police. So there is nothing to worry about.

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