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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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cynopterus

Uni withholding Certificate for outstanding debt - even after 6 years

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Hi I have a question that I'm hoping someone may be able to answer.

 

Some years ago I undertook a degree course with the University of Exeter. Unfortunately I was unable to complete the course but did do enough to claim a Cert of HE. However I had a disagreement with the uni about some fees 'owed' for a field trip and they refused to issue the certificate .... so now we arrive at today - more than 6 years later, when thinking of applying to the Open Uni, I contacted them to get official proof of credits and they still refuse citing the 6/7 year old debt as the reason. I mentioned that the debt would be statute barred by now but they still refused.

 

So I have two questions:

 

1) Are they within their rights to do this considering the debt is technically/legally not owed anymore?

 

2) Its possible that i may be having to apply for a DRO in the near future. If i was to do this, and add this debt on to it (even though its now not owed, would they then have to issue the relevant certs/info?

 

If anyone has any info/knowledge/advice they can share I would be most grateful :)

 

Cheers

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Have you not tried just ordering a replacement through their on line store ?

 

https://www.exeter.ac.uk/students/administration/replacementcertificates/

 

The debt is statute barred and you should not be denied in this way.

 

 

Andy


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HI and thanks for your reply. I did have a look at the link you posted, however it requires me to call the same dept that is refusing me the docs :(

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I thought it was on line request ?

 

Where does it state you have to ring them ?

 

Certificates - Graduated after 2000

Post-2000 Certificate

£35.00

 

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Description

Certificates for graduates who graduated in or after 2000.

 

 

Detailed Description

*** Important *** Please note that you cannot order on behalf of anyone else.

Images shown are for illustrative purposes only and may differ from documents produced.

 

Delivery

 

The certificates will be delivered by first class post or airmail. If you would like delivery by courier, please continue shopping and add the Delivery by Courier to your shopping basket.

 

Queries

 

Please call UK: 0300 555 0444 / International: + 44 (0) 1392 724724 or email sid@exeter.ac.uk if you have any queries.


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The link appears to be for people who have graduated. As I mentioned I was unable to complete the course so was just looking to get the official modules and points earned document/transcript.

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Same link....

 

PAST STUDENTS

 

Undergraduates, Postgraduates and International Exchange, Study Abroad and Erasmus students

 

Transcripts of marks for past graduates are available at a charge of 12 pounds each. NB. In some instances our archived records for past graduates are not as extensive as present, this may affect the content of the information we are able to include in your transcript/award confirmation.

 

TRANSCRIPT REQUEST AND PAYMENT

 

Transcripts can be ordered and paid for via our online store.

 

**Students who studied with the College of St Mark and St John are advised to contact the College directly for transcript application details via: Registry, University College Plymouth St Mark & St John, Derriford Road, PLYMOUTH, PL6 8BH. Telephone: +44 (0)1752 636700.

 

Our contact details are as follows:

 

SID Desk University of Exeter Forum Exeter EX4 4SZ U.K.

 

Tel: 00 44 (0)1392 724724 Email: sid@exeter.ac.uk


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Thanks again but ..

"Transcripts of marks for past graduates are available ..."

 

I didn't graduate. So I would need to call the dept.

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The debt may well be statute barred but that does nit mean the debt fizzled out of existence.

It means they cannot chase you for it.

 

 

You couldn't complete the course. ( your fault not the uni)

You had a disagreement with fees for a field trip.

Field trip costs are normally not included in tuition fees.

You went on one so you owe the money.

You need to refer to t & c's

 

Why should the uni issue a cert if you owe money.

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So I have two questions:

 

1) Are they within their rights to do this considering the debt is technically/legally not owed anymore?

 

2) Its possible that i may be having to apply for a DRO in the near future. If i was to do this, and add this debt on to it (even though its now not owed, would they then have to issue the relevant certs/info?

 

re 1), the debt is still owed. Being statute barred is only about the ability to recover it through court proceedings. They can't bring an action in court against you, but the debt hasn't been extinguished. So if the internal rules of the University say you cannot graduate if you still owe the University money then that can apply for ever unless the debt is settled.

 

I have no idea whether that position would change if you included the debt in a DRO, nor, indeed, what happens if someone owing money makes themself bankrupt.

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Hi.

 

Looking at this a different way, how much is the 'debt' you can't agree on and how important is the OU to you?

 

HB


Illegitimi non carborundum

 

 

 

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You dont graduate if you owe money to the uni. Being statute barred doesnt change this, they wont bother chasing the debt but you cant demand anything from them either. the debt doesnt go away, it just isnt enforceable. The govt has a different way of collecting debts. They stop it from your state pension when you retire, even if the debt is 40 years old by then.

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The govt has a different way of collecting debts. They stop it from your state pension when you retire, even if the debt is 40 years old by then.

 

Are you sure that would apply to debts to universities? I'd think not. Universities aren't government departments or state bodies. They are independent corporations established by Royal Charter.

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I was using that as an example. The relevant bit is that the uni wont award your degree if you still owe them money. That can also include owing money to your landlord if they have their own accommodation agency

The point being that SB only means that they cant use court to collect the money owed, that doesn't mean that the rules on non payment change just because they cant sue you. They have already used the alternative- no paperwork for you until you cough up.

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