Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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.
  • Our picks

reallymadwoman

Disputed EE account ***Resolved***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 337 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Mum's partner can no longer use a mobile phone. He has however been paying EE over £40 a month since 2006.

 

EE initially couldn't trace any account in his name despite giving them bank details etc, but then did find it when I said OK, give us the money back then .... They've ignored all requests for documentation so far, have known for 4 months that alleged account holder has a Power of Attorney in place, but have apparently set the debt collectors on him anyway. He's not received any correspondence from EE or the debt collector.

 

EE have provided some numbers associated with the account, none of which match his last number, which he would have last used at least 3 years ago. He does still have the phone and it has a Sim card in it, but heaven only knows where the charger is. One of the numbers EE provided apparently has recent regular usage, data as well as calls and texts. I can just about believe he might have, accidentally or otherwise, made a call, but sent a text or used data? No chance.

 

Other than repeating the request for documentation, any other suggestions?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Remove the SIM and take a close look at it. Does it have the phone number on it?

Share this post


Link to post
Share on other sites
Remove the SIM and take a close look at it. Does it have the phone number on it?

 

I can't do that atm, I'm not at their address.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

The sim card doesn't show any phone number, managed to find a charger that fits and turn the phone on, it's none of the numbers EE provided.

 

EE are simply being obstructive - they've effectively refused to provide any documentation and have ignored any and all evidence that it might not be his account (including that it's set up from a different address), they simply keep repeating that until I tell them to cancel, they'll keep charging line rental though until I accept the account is Mum's partners, they won't accept a cancellation ....


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

So this went to the Ombudsman Service who supported EE in that doing a credit check when the account was opened means it must have been genuine, and telling me the phone is being used proves that it's Mum's partner using it and setting debt collectors on him when they know he's now in a Care Home and haven't even bothered to tell us how much is outstanding is perfectly reasonable.

 

It's the sort of logic I expect for a certain 'independent' appeals service for private parking charges, and so I'm giving the 'final' decision the same respect I'd accord the IAS.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

To recap, EE know that their account holder lacks capacity and (presumably!) know there is an outstanding complaint with the Ombudsman Service.

 

They've instructed third party debt collectors to write to the account holder direct.

 

Whilst I'm sure it's simple incompetence, this is so wrong on so many grounds.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

is it possible to get from them the geographical data for the phone when it is in use? technically this is a piece of cake but is it data that the customer is entitled to ask for i wonder?

If it is the EE will have a lot of explaining to do and may well drop the matter pronto rather than explain why they are chasing this person when it is patenty obvious not his phone use etc.

Share this post


Link to post
Share on other sites

You really couldn't make this up.

 

Complained to EE that they are writing direct when there's an outstanding Ombudsman complaint. They've said they can't comment as the complaint it with the Ombudsman ....


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Can you speak to the ombudsman's office about this, RMW?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

They won't deal with any additional issues now as they're simply reviewing their decision and dealing with my complaint about their service.

 

It's tempting to just withdraw the complaint and let EE get on with making fools of themselves, I have better things to do atm


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Another fairly distressed call from Mum this morning, two more letters from the debt collector still addressed to her partner still demanding payment but with no documentation etc. They'd have had my 'bog off' letter at least two weeks before these letters are dated and my Mum is now terrified a bailiff is going to come and take her car and no amount of reassurance that they can't and won't (it's motablity anyway) have made any difference.

 

I seem to remember from my early years on CAG that Christmas is prime time for hassling people like this. How do you add Twitter links part way through a thread? I think everyone should see what EE and Moorcroft are doing to vulnerable people.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Just to update, EE eventually cancelled all allegedly outstanding charges. Despite being told to by the Ombudsman, they never did supply any documentation.

 


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Thread title updated.

 

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

Share this post


Link to post
Share on other sites

Well done, RMW. :) How did you get them to back down?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
34 minutes ago, honeybee13 said:

Well done, RMW. :) How did you get them to back down?

 

HB

Basically by being stubborn and just refusing to pay without documentation.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Excellent. :D

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...