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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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Hi All,

 

I have recently received a letter from the HMCTS historical debt team about a fine from 9 years ago.

 

they informed me that I had a fine for having no TV licence.

I knew nothing about it.

 

About a month later I received a letter from Marstons Group Bailiffs asking the payment of the fine which was £250.00 and also a £75 compliance stage fee.

 

A The letter which was dated 23rd October gave me until 5th November to arrange a payment plan or make a payment.

 

I received the letter on 4th November (a saturday) and when I called to discuss they were closed.

 

I contacted them by phone and was told that as I missed my chance to come to an arrangement I had to pay it in full and that as it had not yet been passed to an enforcement agent then I only have to pay £325 ( 250 fine plus 75 compliance fee).

 

I wasn't happy and made a complaint to which I received a an email advising me to go online and pay.

 

I went online and paid the £325 in full as thats what it said I have to pay

(you can't change the amount you pay online as its preset).

I got me receipt.

 

today which is a week later I get a knock on the door from an enforcement agent asking me for £235 enforcement fee and that he will use a locksmith to enter to retrieve goods.

 

I explained that i had paid it but he says that on the same day i paid online they sent the account to him.

 

Can he force me to pay this when I already paid the amount requested by their office and online.

 

I have a disabled child to which I am the carer but should that make any difference?

 

He is coming back tonight to force his way in apparently.

 

thank you and appreciate any feedback.

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Thread moved tot he appropriate forum.

 

Regards

 

Andy


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No he won't return

Complain to the office


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

 

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It is such a shame that you ignored the letter from the HMCTS Historic Debt Team. If you had not know about the fine then it really is a simple matter of calling your local magistrates court and getting an appointment for a Statutory Declaration.

 

You mention that you made a complaint to Marstons and that they responsed to advise you to go online to make payment. DId you make payment immediately? Did the letter stress that payment should be must by a specific date?

 

On the question as to whether or not you are liable to pay the £235 enforcement fee, that will depend very much on your answer to the above two questions. What is clear from the regulations is that the enforcement fee only applies AT THE TIME of the actual visit and if the debt is paid in full ( including any bailiff fees due at that specific time) BEFORE that visit, then the enforcement fee cannot be charged.

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Hi,

 

Spoke to Marstons office who advised that when I made the payment on the friday it didn't get allocated to my account until the Monday and the account was passed over to the enforcement agent over the weekend so the fee still applies.

 

I mentioned that as no attendance had been made before I paid the account then I should not be required to pay.

 

I called the enforcement agent but he has not called me back and has not returned either.

 

Hopefully that will be the end of it.

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what time did you pay Friday?


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

 

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You mention that you made a complaint to Marstons and that they responsed to advise you to go online to make payment. DId you make payment immediately? Did the letter stress that payment should be must by a specific date?

 

Would you mind responding to the above query.

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When a case is allocated to an Enforcement agent they add the fee even though a visit hasnt taken place.

Call their call centre and remind them of this and ask it gets removed.

They are sneaky so and so’s for doing this


None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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so after the banking cut off time if that makes difference

thought they might be lying there..


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

 

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Update,

I have spoken to Marston Office again and argued the point that as their system only requested the compliance fee in addition to the balance of the fine and that they were charging me a fee for a visit that hadn't happened until a week after

 

they reluctantly agreed to drop the fee as a good will gesture.

 

I was so shocked by this that I nearly fell off my chair.

 

I don't think it was a goodwill gesture, more like i was kicking up a huge stink perhaps as i believe that if they were correctly entitled to the £235 visit fee then they would have continued to chase it.

 

Well hopefully that will be the end of it.

 

To be fair to the telephone agent i spoke to at marstons today, she was quite pleasant and helpful.

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hey well done..


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

 

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