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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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robinjw

Link/kearns claimform - old barclaycard debt - N244 to lift stay received

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The doc I received was from the CCBC stating Small Claims Mediation Team has arranged for the case it to be transferred to my local court. however, no appointment was given.

 

The 'file will be referred to a procedural judge' who will allocate the claim to track and give management directions' ( whatever that means!) It says if Ive not been sent an appointment then "none was able to be arranged."

 

It just says to await the judges directions, which have not been sent yet. 

 

My local court address is included. This is why its so confusing.

 

The 'solicitors' keep stating Ive received it and ignored it, which is nonsense.

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aha this is what I am eluding too

 

there is NO mediation taking place then.

you must have answered NO to mediation on the N180

or

the fleecers did on their.

 

so thus mediation has bounced it back to Northants bulk

and northants bulk have allocated it to your selected local court 

that court will now write to you with a hearing time

and dates whereby you both must exchange WS's I will assume.


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

 

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Hi, no, I definitely made sure to tick the yes to mediation box as directed by you guys here, and it has been mentioned by those chasing the alleged  debt as a route to get me to contact them prior to any court case.

Sorry but whats WS's?

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I thought you'd been researching on cag??

Witness statement

 

Let things run

Await the N157


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

 

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have link or their dogs been sending you emails?

 

dx

 


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

 

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Emails, calls, and letters since they got hold of my details via the court docs. Ive blocked all, but letters always arrive with thick wad of their 'proof' that Im a liar etc.  I hope I can use these threats back at them when the next phase starts. Of course their charges go up each time too for sending some photocopied garbage.

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the court should not be fwding on any court docs on with your other pers details and don't.

the n180 - you sent them a copy,  you did hide you email/sig/phone on kearns copy?


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

 

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Yes I deliberately did leave that off of their copy.

 

The 'solicitors' stated on subsequent paperwork that they had sight of the court copy, hence the harassment began again.

Specifically via email and calls, (blocked) and also letters.

 

Now they mention forum posts in every communication too.

Id have to check, but I think they also stated that's where they got my contacts from.

 

I can assure you I have not given them any contact details because I know they can be relentless.

Until the last judge removed the stay and I answered it they were only sending letters and the usual round of numbers they ring from- my phone auto flags them as potential spam ( a truly 'smart' phone!).

 

Is it illegal for them to do that - would the court have made a mistake in allowing contacts to be seen perhaps?

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well make a specific log of all of it 

 

inc blocked calls. even though you obv didn't answer them

time date of each and scan of the letter / email it refs.too

 

there would only have been the n180 with your details and I wouldn't trust anything they say implicating the court

or here

as you know, there is nowhere your details are available from here and they most certainly don't have a spy in the admin camp I can assure you.:lol:

 

sadly nothing unusual for link and their cohorts. as pointed we know them well.

 

should you wish to fwd copies of where they mention this forum please do so via PM unless its what you already sent via PM here around nov 5


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

 

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just ignore them 

just stick to what the court send to you.

 

its all done to intimidate, confuse and unsettle a defendant

 

its a trick all link/kearns staff learned early on from their MD , thats how he got £1m's out of people that most probably didn't even owe it in the first place.

 

so have you received an N157 from your local court yet?

 

 


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

 

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ok thank you. Ive not received anything from the court yet. I'll wait to respond when they do write. Im keeping copies of all the intimidation methods received.

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you wont need to respond to the N157..

 

other than to

note the date of the hearing

thus 14 days before that date - the date for the exchange of witness statements unless another date is given

note the date the claimant has to pay the fee by - if they don't then the claim could be struck out.

 


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

 

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Ive looked at the N157 online and I have not received anything like that yet.

 

As they are so keen to bring a court case I cant imagine they won't pay the fee ( unless they think the case is dubious?) as they already changed their last solicitor and chased the judge to lift the stay.

They are very aggressive.

 

Would I only be notified from the court when all the dates have past and the next stage is set to continue or if it's been struck out then?

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eh?

you'll get an N157 from the court, when they allocate it to one.

and I suspect this will be well into next year now.

 

 


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

 

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just a quick update,

I had a court letter stating that the claimant had to pay a court fee or file a completed application for help with fees, by May, for the case to continue, if they do that -then the case will be heard in June.

 

However it also states the case could still be struck out if this does not happen ( it was stayed previously).

If struck out it will be vacated unless a counterclaim survives the strike out.

 

So the wait continues.

Should I be doing anything in the meantime to prepare?

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Yes  start looking at examples of statements and evidence as per the notice of allocation directions....which you must complete by the date stated.


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where do i find details of witness statements, and how do I know which one might be the right one for me to use etc? There was nothing on the court paper saying I had to do anything or reply by any date. Bit confused now ??

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page 2 should give the details of the date you must exchange witness statements by.?

 

use our custom google search after hitting the top squares logo for example you can adapt.


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

 

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Ive checked for a witness statement example as suggested above, but all I get is a lot of links to other folks issues.

Ive read through a couple but they are not similar to mine.

 

I have a huge amount of paperwork for this issue and Kearns have added massively to the original figure ( over £1200 at 8% interest pa.

 

It was originally stayed by previous judge then Kearns took over and got it lifted.

 

Where do I start with a witness statement?

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This Court letter you have received informing you of when the claimant had to pay the hearing fee.....It is the N157 and not just a General Order ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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There is a bit nearly which is only just visible, as its half cut off the bottom, which says N157 small claims track (hearing).

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Excellent so it is the Notice of Allocation with directions telling you the dates to submit your statement and evidence.

I was just checking you had the correct notice.

 

Andy

 

 

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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yes looks like it, thanks Andy, Can you please direct me to the right template to try to formulate the defense. I won't submit it until close to the due date, but I like to sort stuff out in advance so I know what Im doing.

many thanks

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There are no templates of witness statement...its your statement in your words particularised to support your defence using any docs as evidence....so each statement on CAG is unique to the individual claim/thread....but there are plenty to view so you can see the layout and how it should be formatted.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Where do I start though?

I have no idea how to formulate it based on the inch thick pile of documents i have.

 

Since the case was stayed and then resurrected with a new 'solicitor'- is that relevant at all?

Is it relevant that it was almost statute barred and I received bad advice from Step change re continuing?

What about the interest they say is accruing at 8% pa- do I add anything about that?

What is my basic defense start point?

What legal bits am I supposed to quote?

 

Looking through the paperwork I have I cant find anything that states they have been assigned the debt from Barclays, shouldn't I have something about that? 

 

I have photocopies of the signed credit agreement.

Most of the paperwork I have is copies sent more than once, plus stuff I have requested as per advice here.

I am very worried about this as it is such a large amount they are requesting.

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