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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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whaleman

C&H group sent blank court claim form

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Hi to everyone this is my first post,

 

I have received a blank court claim form from this debt agency C&H group saying they will activate this in 72 hours from today if I dont settle a debt with their client.

 

I have never heard of this tactic before

 

I have also checked companies house and this company is not on it is there any other way I can check them out

 

thanks

 

whaleman

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Don't worry. First of all there is a pre-action protocol for debt claims and they have to give you at least 30 days which can eventually be extended by your replies to 90 days. If they are threatening to bring an action within 72 hours then they are breaking the rules and frankly is a bluff.

 

Why don't you post the form up here in PDF format – redact any identifiers – so we can all have a look at it.


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These clowns? https://thecandhgroup.com/

 

What's the debt all about?

 

Are you keeping a diary of events also?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HI Bazooka Boo thanks for reply

 

it was for some advertising for my daughter she was trying to start a new business which never got off the ground

IMG_20180308_0001.pdf

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Yeah well, you can scan and copy that, then forward it to the FCA with your formal complaint about them intimidations and exploiting a debtors lack of knowledge.

 

I'd be ignoring them, silly little children, quite who they think they are is anyone's guess, but puerile amateurs wouldn't be a bad start.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HI Bazooka Boo thanks for reply

it was for some advertising for my daughter she was trying to start a new business which never got off the ground

 

Who was the advertising company?

 

Have you got the contract/agreement??

 

How long ago?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Bazooka Boo I will be doing that tommorrow

 

thanks once again for your help.

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ah the old advertising sc@m

internet or service magazine etc?


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

 

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business to business debt collection

there are all kins of rouges out there that think they are superman

when infact they have ZERO legal powers to do anything

sadly I don't think they have to be registered either


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

 

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Its not B2B business to business......." it was for some advertising for my daughter she was trying to start a new business which never got off the ground "

" C&H group saying they will activate this in 72 hours " Activate :lol:

 

I have not seen that old here is a blank claim form stunt pulled for years .....smacks of desperation

 

 

Andy


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Hi Bazooka Boo

my daughter arranged the advertising over the phone and that was it we never saw any adverts anywere, waiting for my daughter getting in touch with the company name.

 

We had the threat of court in 2017 so I sent them a Pre Action Conduct - Request for Information on 4th december 2017 and never got anything back from them

IMG_20180309_0001.pdf

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its time these guys were rounded up

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Hi Bazooka Boo

my daughter has informed me it was all done over the phone thats it, no written contract, it was about 5 years ago but she cant remember the company name.

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tThe sending of blank court forms is unlawful and can be reported to the Courts Service but in reality they do nothing about it.

 

The dca has no powers to do anything anyway so if they filled out a real form and submitted it they would lose as they arent solicitors so have no "locus standi" and would get a severe ear bashing from a judge.

 

The types of companies that behave like this are generally too incompetent to even tie their own shoelaces so best just ignore them.

Do understand something though, if your daughter was trying to set up a business that in law is the same as running one so B2B rules on contract law counts.

 

However these advertising co's are such low lifes they never do as they say they will so they wont want to go to court because they wouldn't like the bad publicity and the attention Trading Standards would give them afterwards.

Edited by Andyorch
Paras

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Thanks for reply ericsbrother, that makes sense to me, I will make contact with them once more to let them know they will be getting reported to the courts service and the FCA you never know they might get their hand slapped, after that I will ignore them.

thanks again ericsbrother

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Thanks for reply ericsbrother, that makes sense to me, I will make contact with them once more to let them know they will be getting reported to the courts service and the FCA you never know they might get their hand slapped, after that I will ignore them.

thanks again ericsbrother

 

I personally wouldn't bother...file it away


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I would also ignore for the following reasons

 

1 The company (although at a different address) was struck off the register at companies house.

 

2 The FCA licence has lapsed

 

3 There is no record of this company registered with the Information Commissioner


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Ignore them

You should never have replied with that stupid prr action rubbish

Who told you to do that?


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

 

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Hi silverfox1961 i checked companies house myself and couldnt find them on there

thanks for info

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Ignore them

You should never have replied with that stupid prr action rubbish

Who told you to do that?

 

Hi dx 100uk they had threatend us with court and I wanted them to prove who they were and to play for time, I have read on other forums to do this if a threat of court is sent to you

Thanks for your replies

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no really in this instance it just invites letter tennis and makes them think one more letter will hook you in.


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

 

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I'd just ignore- a blank claim form means nothing.

 

If you were feeling playful you might respond: "I note receipt of your claim form, which was either blank (and that'd be pretty pointless!), or written in invisible ink.

I intend to robustly defend, and enclose a copy of my proposed defense, written in the same invisible ink........."

Enclose a blank sheet of paper.

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no one suggested that you respond to them, I wouidnt waste a stamp. If you are going to report them then just do so, dont warn them.

 

Thanks for reply ericsbrother, that makes sense to me, I will make contact with them once more to let them know they will be getting reported to the courts service and the FCA you never know they might get their hand slapped, after that I will ignore them.

thanks again ericsbrother

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Hi guys thanks everyone for your great advice, although you get that gut feeling that you just want to retaliate and make them feel like they have made you feel, like you say its best to ignore under these circumstances.

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