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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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Glen_Douglas

BCOBS - do i have a claim

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Hiya,

 

first post here so hopefully will "do it" correctly so to speak !

 

setting the scene :

 

I have a mortgage with Halifax and it has all been going fairly well until the last few months. I changed job which has meant that the day i get paid has changed to my personal bank account. My mortgage is a fixed rate 2 year deal, due to expire in march next year.

 

the crux of the matter:

 

due to my pay going in on the last day of the working month to my own bank there was an instance in May (I think) where there were insufficient funds when Halifax tried to take my mortgage payment (payment date for the DD is 28th of each month). I called them up and they advised i could recall the money via my own bank (Barclays) and as long as i paid the amount due for the mortgage before the end of the month all would be good. I did so and indeed all fine. However that gave me a concern....what about other months ?

 

July and August have both been the same kind of situation paid after the 28th. I knew this was going to come up so called Halifax and had a lengthy talk with them. they couldn't change the payment date to the 1st without my having to pay on the 28th and again on the 1st - not really affordable. They then suggested a standing order. I confirmed with them that this would work. I got them to send in writing that i can cancel my DD and set up a standing order for the last working day of the month.

 

Having done this i then got a letter at the beginning of July saying i had a late payment - credit file affected etc. I called them again and they confirmed they had received the payment on the last working day - but it hadn't been applied to my account until the 3/4 of august. they corrected the credit file and all was "safe" for that month.

 

I raised a complaint though and suggested three options :

 

1) change hte payment date to the 1st without having to make a double payment - i offered to pay the interest covering the "gap"

2) eave as is and they monitor and correct credit file each time this issue occurs

3) allow me to switch my mortgage to another of their deals / another lender without the Early repayment charge.

 

some bad customer service later - i escalated the complaint.

 

eventually I got a call back from a senior person saying they can offer the below:

 

1) cancel the SO and just call to make a payment at the end of each month (not possible, i work in IT and could be working in Datacentres etc where i cant take my phone and can also be on night shifts depending on incidents and projects)

2) They would grant me a "Payment holiday" (even though i am not due one), then change my payment date to the 1st and i would continue paying that way.

 

the second option was fine until they informed me that due to this i woudl incur extra charges and my payment amount would go up (not much but still an increase). Also if i were to need or request a payment holiday in the future having had this payment holiday it would need to be reassessed and potentially refused.

 

To me i see the solution offered as unfair - it means i pay more and potentially lose the right of a payment holiday when I may need one.

 

Going by the above (And i can share lots more info if needed) do i have a case to challenge the bank under BCOBS ?

 

I've asked for the "offer" to be sent to me in writing and said i will read it over and go back to them. MY account etc stays the same until i respond.

 

Advice appreciated if you don't mind.

 

Cheers

 

G

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Doesnt sound like you are dealing with the right people...

Have you emailed the CEO?

 

antonio.osorio@lloydsbanking.com

 

Hold off BCOBS... If nothing works from the CEO email then go down the route of BCOBS

Yes you would have a case. A financial institution should do everything to help in these situations - That also means changes to payment dates etc to prevent falling into arrears.

If they do not do so then they fall foul of CONC source-book rules / FCA requirements to treat customers fairly. Remember here - You are keeping up with your payments as you should do. You are running around after the bank - You should not be doing so...


 

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**Fko-Filee**

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Hiya Fkofilee indeed i mailed Antonio - it was from my email to him that my case got escalated. teh person it got escalated to was the one that came back to me today with the "final" option. I'm debating emailing antonio back again and advising of the outcome and the BCOBS / CONC angle.....?

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MCOBs governs the relationship between mortgage lenders and borrowers in the United Kingdom...not BCOBs

 

Andy


We could do with some help from you.

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 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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