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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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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x DPA letters to Barclays Bank

9th October sent 2 x DPA letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Hi Tony,

 

Please start your own thread in the Barclays Bank forum and use that to post any questions and progress reports.

 

Good luck with your claim.


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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x Data Protection Act letters to Barclays Bank

9th October sent 2 x Data Protection Act letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Looks like everything is in hand, keep us updated.

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Ooops!! It appears I should have sent records of all charges along with the 14 day letters, this I didn't do. I have seen on other sites (penaltycharges.co.uk) that I should send copies of spreadsheets (dates & charges) to the bank and court to back up my claim, is this right?

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Back in 2007,

I took Barclays to court and won back all my fees.

 

However they were so long winded over finally caving in that some more fees were charged to my account.

 

I had started the process when the big 'hold' came into play.

 

After the banks finally winning their appeal,

 

I parted company with Barclays and moved to another bank.

the account has laid dormant all that time,

steadily increasing due to an O/D Protection fee coming out every month

and the interest added.

 

now I am going through all the statements and letters and about to write to them.

 

Ny qusetion is this,

 

Is an 'O/D' proection the same as a PPI?

 

It is now £24 per month but pror to about 2003 it was for £5.60 per month.

 

Can I go back to that and claim that as well?

 

Do I add interest of 8%.

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yess to all you questions.

 

if you look at link I below

and the spreadsheet at the end

 

it should become clear.

 

dx


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

 

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Thank you so much for your help.

 

One other thing,

 

I am confused over this 'miss-selling' label,

 

I was never sold anything, it just appeared on my statements without any input from me,

 

I did query it in a phone conversation when I first noticed it and told them to take it off, that never happened.

 

I was also self employed which I understand this 'insurance' does not cover.

 

Also do you know if there's any update with bank charges or is that still hopeless?

Edited by romanytony

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if you have a browse in this forum

 

you'll see there are successes with Barclays on PENALTY charges

 

the mis-selling, is the fact they didn't 'actually' sell it to you

they just added it without your permission.

 

so thus was 'missold' - they never consulted you.

 

slick132 will be around later I expect

 

and cross T & dot i's for you.

 

dx


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

 

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Hi RT,

 

Are you getting demands from Barclays about this a/c.

 

Is it showing on your CRA reports.

 

:-)


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Not getting any demands, haven't for years, they tried to chase the OD once but I pointed out that they owed me more than I owed them and they stopped. All I get is the statement. I haven't used the account for years but they add OD Protection and interest every month, almost £50 per month.

Edited by romanytony

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They're crooks plain and simple.

 

Hope you get back the charges and then some.

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They are crooks, and I think Barclays must be the worst.

 

On my old claim they kept telling me that I would not win,

their charges were fair,

and if I took it to court and lost they would claim legal fees from me.

 

Three days before the court date they phoned and offered (as a gesture of goodwill) full repayment of all charges, plus interest,

if I would agree to a confidentuallity clause. I refused,

 

told it was my money and would not accept any conditions and told them I would see them in court, then hung up.

 

I sweated for 15 minutes, I was playing poker with Barclays bank and the stake was over £6000!

 

They phoned back and agreed to everything, paid it straight back into my account and no clauses.

 

One other thing, which is ironic,

at the start of the proceedings Barclays bounced the cheque which I had made out to the Small Claims Court for their own summons!

 

It was a real shock when the High Court eventually came down in the banks favour over bank fees.

It had a nasty smell of someone being bought to me.

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Hi RT,

 

You say no demands for years. Is this more than 6 years - if so the debt will be Statute Barred.

 

If you reclaim the OD Protection Fees plus simple 8% interest, would the reclaim amount exceed the present a/c balance ?

 

:-)


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The last letter I received from Barclays was June, 2008.

 

That was to inform me that my account was overdrawn.

 

Since then I have only received the monthly statements.

 

That would mean that it has just exceeded 6 years.

 

As far as I can see that is the last letter.

 

As for the fee's exceeding the overdraft, I have no idea yet,

If I can claim all the £5.60's as well as the £24.00 plus interest it may well exceed the balance.

 

A reply from dx100uk stated that a spreadsheet would be attached to his reply but I can't see it.

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Could someone give advice on these issues please.

 

I wrote to Barclays back in 2008 stating that the account was overdrawn

but that overdraft figure was in dispute due to their charges.

 

I asked them to freeze the account until the matter could be resolved.

 

Since that time they have continued to add £24 per month OD Protection plus interest.

 

I have found an undated 'Termination Letter' from them,

however in the body of the text it gives a date of 2011 as a termination date.

 

I have read in forums here that you can only go back six years to reclaim PPI, so my question is this.

 

If the PPI was 'miss sold' (in my case it was just added to the account without my consent or input)

why cant I claim for the whole of the period?

 

I need to establish from what date I can work from,

 

second question is what spreadsheet should I use?

 

There are four that you have provided,

the first is for a 'one payment' fee, so which one of the other three do I use?

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there is no time limit on PPI reclaims.

 

you either use the statint sheet

 

or if they have charged you interest on the PPI payments

the CISheet.

 

you need to input each PPI payment on the date it happened

on an individual new row.

 

dx


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

 

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as slick has advise

you use the statint sheet

 

dx


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

 

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Thank you!!!!

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When you've done that, let us know how the reclaim value compares with the a/c balance.

 

From what you say re dates, the a/c could be Statute Barred already, or should become SB'd soon.

 

:-)


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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Now I have another question!

I am starting to use your spreadsheet and gone back to my earlyist records of O/D Protection fees.

 

I have gone from 1999 to 2006, and so far the balance is over £2200.

 

I have still to bring this upto date, so the end figure will be considerably more than this.

 

My question is this,

 

in 2006 my actual overdraft was less than the claim refund amount,

 

but I am getting 'Paid Referral' fee's of £30.

 

which I would not have had if the bank had not charged me O/D Proection.

 

Can I claim these Paid Referral fee's back?

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OK, just completed my spreadsheet. PPI payments plus interest exceed £5200, more than my overdraft balance.

This figure does not include bank charges such as 'Paid Referrals' and interest on them.

Looking forward to your answer re these.

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My question is this, in 2006 my actual overdraft was less than the claim refund amount, but I am getting 'Paid Referral' fee's of £30. which I would not have had if the bank had not charged me O/D Proection.

Can I claim these Paid Referral fee's back?

 

No, there is a six year cut-off before you can claim those overdraft and paid-referral fees unless "you allowed the charges to be taken by mistake." I don't know what that means. http://www.consumeractiongroup.co.uk/forum/showthread.php?415783-Which-one-of-these-could-be-unfair&p=4507145#post4507145

 

ppi has no cut-off point iirc.

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Thanks gigs, I forgot about the 6 year cut-off.

 

So I cannot claim back bank fees that were added to my account over six years ago, right.

 

But the account was last used by me on the 18 Aug 2008,

six years ago,

and has not been used by me since then.

 

The balance at that date was £1600 O/D.

 

Does that 6 year cut-off apply to that amount?

 

Since 2008 the bank has added PPI and interest to the O/D balance, bringing the current balance to £4760.

 

My PPI claim comes to £5329.

 

My head hurts tryong to work it out!

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post up your spread pkease

 

if the charges would not have been charged due to the PPI being taken off to that point [date]

 

then barclays should address them.

 

there is no timelimit on PPI

 

and Barclays do cough on charges outside 6yrs if a court claim is issued

 

dx


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

 

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