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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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hoist and old BC debt - now solicitors...

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Hello,

 

This is an addition to another thread I had on a £5500 Barclaycard credit card which was transferred to debt collection agency,

which I ignored, and have not corresponded with at all.

 

I responded saying that they had given up but I suppose they haven't.

 

The debt gets transferred to Robinson Way,

why I don;t know,

but then I carried on not responding to letters or calls.

 

Then I get a letter which I open and it says that they will send it to a solicitor (howard cohen) who will take legal action....

 

Can this solicitor take successful legal action?

I don't know why they would not have done this in the first place and gone so far to get me to pay them.

 

Is this solicitor in any more power to get me to pay than the DCA?...

 

Thanks

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It states " may " be transferred to Howard Cohen in 10 day.......not will

 

Last ditch attempt to get you to play the game.

 

Andy


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Aah. I did neglect that, I admit I am a bit unsettled since I am in new territory. I am thinking of the worst case scenario though just in case, not that I am calling for it.

 

Thanks Andy

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Howard Cohen- wasnt he that Canadian singer/songwriter who died last year? Dont recall him recording Robbers Way, maybe my way got too hackneyed

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They tried to call me again just no, needless to say I didn't answer. I thought they weren't going to contact me after my time is up... Not sure how to take this. Just FYI.

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Hi PP,

 

They'll do anything to try and get money from you.

 

Continue to ignore calls but keep us posted.

 

:-)


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I sure will.

 

 

I was only confused because they sent the letter 18th Feb and it is now the 11th day today (after my 10 day time limit to respond to them),

 

 

they said "without further notice" yet they tried to call me, presumably to give me notice.

 

 

Either they are lonely or they are setting me up to be a real bad boy by not complying at all.

 

 

Either way, watch this space!

 

Tx slick

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Another update. They called me AGAIN! during the day, I checked the number and it was them. What I find strange is that they said they would not contact me and pass it to the solicitiors, but... OH well, make of it what you will! Not sure how to take this, but I am expecting some letter of some sort.

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Hi PP,

 

Like I said above, they'll do anything to get money from you.

 

Stop worrying about what they say by phone or letter ! Just ignore them and let them make their threats.

 

What they say, and what they do, are often very different things.

 

:-)


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I answered my phone thinking it was the MOT garage yesterday, and someone asked to speak to me, I said who is speaking and she said xyz from RW, and I hung up. Have I shot myself in the foot? Because they haven't rung again today?

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Hi PP,

 

No, you haven't done anything wrong.

 

If they call you again and get to talk to you, just refuse to answer anyData Protection Q's and hang up.

 

:-)


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Hi Slick,

 

I was not sure if by saying this I have condemned myself to their eternal power (by their estimation) and they see this as some form of "confession" to go and send to the solicitors.

 

 

Seriously, if I wasnt waiting for the MOT to call,

and I saw what number it was I would have ignored it.

The devil got one over me that time.

 

:jaw:

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they are not bailiffs

and phone ack's don't count anyway...


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

 

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Er, now I am confused. I just got this letter saying they will reduce the amount by £2000 if I pay now... I thought they were going to do the solicitor unless they intend to afterwards.

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Its a discount letter

Ignore then

They all come from the same printer

I've removed it

As upload should be in PDF and be redacted inc barcodes


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

 

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I got a letter from hoist finance uk holdings that is notice of assignment.

It says that thy are the data controller for collecting oustanding balance, if I settle with robinson way do still have to pay hoist.

 

I want to contact robinson way because they gave me a reduced settlement which I can pay to get rid of this.

Id prefer to take them on but given my other fix, I am a bit reserved.

Is it a good idea to still ontact them despite this notice of assignment?

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er no!!

 

its just shuffling of assets around the group.

 

dx


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

 

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Right, thanks. I'm not quite "on form" to say the least.

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