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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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Zeed34

Won judgement against car dealer

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Hi, first post here, please forgive me for it might be a long one - I've summarised at the end if you want to skip to the questions.

 

I recently won a small claims case against a car dealer a few weeks back, however, I feel that they have no intention of paying and I have a number of questions.

 

The judge gave a deadline for payment of next week but no paperwork has been received yet. I tried calling the courts today but it was late in the day and nobody answered, I'll try again tomorrow, hopefully they're not shut due to the weather.

 

With that in mind, if the payment deadline day comes and goes, I'll ask for the judgement to be enforced. The problem here is that the dealer could say that they have not received the paperwork (despite being given the deadline on the hearing day) and ask for it to be set aside.

 

I understand that time is of the essence in legal matters so I'm unsure whether I should wait for the paper work to come through? Then I'll ensure I forward it on to the various addresses I have as this'll give me evidence that the dealer has received it. Or should I apply for the judgement to be enforced regardless and get the HCEO on the case?

 

I ask this because I know they have no intention of paying and I foresee that they plan to mess me around and I want to try to stay ahead of the game.

 

Even then the above timing issue is resolved I think I'll have to get a HCEO on the case but I have a feeling the dealer has been through this process before so will undoubtedly make it such that there is nothing for them to take.

 

So, my next question is regarding the best possible route to getting my money back. I'm aware that there are a number of possible options:

 

1)HCEO (Shall be the first port of call)

2)Freeze bank assets (unclear on this one as I see them swindling out of this by changing accounts, using joint accounts etc)

3)Order for information (I think he'll lie, and the same goes for attachment of earnings)

 

4)Charging order - this is the one I quite like the sound of, however, I'm unclear about what happens when this is applied in the case of a car that has to go back to the dealer. Should the person not sell their house for the next X years, what happens to the car? Will it just need to sit around? I can't imagine there is any other option and this is what I'd like advice on please.

 

To summarise:

 

1) Should I wait for the court paperwork to come through before enforcing the judgement?

2) Is a charging order on property suitable when there is a two way transaction required - if the property isn't sold the car will have to sit around.

 

 

Many thanks.

Edited by Zeed34
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don't worry about paperwork exchange etc.

as soon as the date falls goto the HCEO

they'll know what to do and sort it for you.


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

 

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Perfect, thank you.

 

Am I correct in saying that the HCEO should only charge me a small amount if they are unsuccessful?

Edited by dx100uk
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£60 I think regardless


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

 

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For reference - the industry standard is apparently £75 +VAT, unsure if this is per visit or a total charge, I'll clarify next week.

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ta been out of touch with fees for awhile


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

 

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OK so you have won Judgment, was it by Default because the other side did not turn up or submit a defence? Are you sure you have made a claim against the right entity - are they sole trader, partnership or ltd co?

 

If wanting to go the HCEO route then remember biggest is not always best. A good place to look for info is https://thesheriffsoffice.com/faqs

 

Above all bear in mind that just because you have Judgment is no guarantee you will get paid. Possibly car dealerships are the slippiest of the lot particularly when it comes to Phoenix companies.


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Please could you clarify - are you suggesting that it's possible for an HCEO to waive the £75+VAT charge?

 

OK so you have won Judgment, was it by Default because the other side did not turn up or submit a defence? Are you sure you have made a claim against the right entity - are they sole trader, partnership or ltd co?

 

If wanting to go the HCEO route then remember biggest is not always best. A good place to look for info is https://thesheriffsoffice.com/faqs

 

Above all bear in mind that just because you have Judgment is no guarantee you will get paid. Possibly car dealerships are the slippiest of the lot particularly when it comes to Phoenix companies.

 

The other side did turn up and defend themselves.

 

Regarding the entity, at first the claim was against what I thought was the company but it turned out to be a trading name (there was no reference to it being a trading name on the invoice) so I submitted a change to the court and it is now against the owner personally.

 

I don't have any post-judgment letters yet and the MCOL site has not changed for many months.

 

I've been looking into the various options and it appears that if the HCEO is unsuccessful then it doesn't appear as though I'll get my money back.

 

To be honest it was worth the court fees and hassle just to prove that I am in the right.

My case was watertight and it was great to see their BS being shown for what it was!

 

Thank you for the advice.

 

I'm also in debate with some advisors who suggest that I should be the one contacting the dealer, post-hearing, to request my money back.

 

I believe the onus is on the dealer because the judgment has been made against them, therefore it's in their interest to pay, because things will only escalate if they don't.

 

As previously mentioned I think this is a bit of a moot point because the dealer has no intention of paying.

 

Another request for guidance please

- is a CCJ going to cause this guy much pain if it's against him personally?

 

He doesn't seem like he's struggling for cash so I doubt he's going to be worried about loans etc.

 

It also appears that personal CCJs don't really impact company directorship much?

Edited by dx100uk
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the CCJ against him in person will certainly cause more damage then again any company name.


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

 

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