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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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Hello,

My brother-in-law received a lengthy report, from assesors acting for insurers, staing that his trees in the back garden had caused subsidence to his neighbour extention. A complete nonsense as the trees are tiny. My brother in law commisioned his own report which stated that the complaint was utter rubbish - mentioning poor quality build of the extension = basically the claim was frivillous and vexatious.

 

The assesors have now written back stating:

 

I have been advised that, as the level of damage occurring to our insured property is slight, and, taking into account the lack of evidence to support the OCA Report recommendations, at this present time your vegetation removal is no longer required.

However, you are placed On Notice of future risk. This means that although your vegetation is no longer requested for removal it has been implicated and therefore must be considered as a future risk. Whilst you have advised you will not be mitigating at this present time you may give consideration to taking some action in the future to prevent any further possible damage occurring to our insured property by your vegetation.

My file on this matter is now closed and I thank you for your time in dealing.

 

Tree Mitigation Specialist

Oriel Services Limited

Oakleigh House, 14-16 Park Place, Cardiff, CF10 3DQ, GB

 

 

My brother-in-law clearly doesn't want the threat hanging over him, having to mention this to his own future insurers, but is not sure how he should respond to counter this - any ideas please? Perhaps respond that his neighbours are also on notice of their vexatious complaint, or something.. basically put up or shut up.

 

Regards

John


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In other words they knew from the start that the trees were not the problem and tried to sc@m you.

Write back to them saying that potentially their gas cooker could explode.

this has now been implicated and therefore must be considered as a future risk.

Use their same words to take them for a ride.

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You don't have to do anything more than answer insurance questions truly.

If they ask specifically about trees you tell them.

The standard question is: "is there any tree taller than 5 metre within 10 metres of the property?" or something similar.

The answer is yes or no.

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Hi. As this is more of an insurance question than a rural one, I've moved your thread to the insurance forum for further comment.

 

HB


Illegitimi non carborundum

 

 

 

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Which came first - trees or extension & what sort of trees are they?


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I would have thought some kind of survey would have been required prior to the extension being built (if it was built after the trees had grown).

 

The response from the Insurers sounds as though they are just trying to 'save face' because you decided to commission your own report which kind of blew theirs out of the water.

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Some trees were there before, some afterwards. They are small, not sure of the type, but they have had no impact on the wall seperating the properties so the claim was really unfounded.

 

- - - Updated - - -

 

Thanks Honeybee


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Thanks King12345, the neighbours have huge conifers in their front garden that have appeared to have caused some cracking to their own front wall - I think I'll put them on notice of that :-)


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The third party Insurers or the company acting for them, have every right to give notice about risk presented by trees in a garden.

 

Your B-I-L's only responsibility is to take reasonable precautions, by maintaining his garden. He has to be careful, as say three years down the line, the neighbours Insurers start litigation for further subsidence damage and he gets his Home Insurers involved, as he will have liability cover under his Home policy. The Home Insurers may say that they were not made aware of the previous correspondence, so they won't help, because they had no chance to review the situation.

 

I would suggest your BIL sends copies of all correspondence including the reports and photos of the garden to his current Home Insurers. If the neighbour has trees which present a relevant issue, perhaps send pictures of those as well.

 

Making the current Home Insurers aware of this, may prove very useful, for the reason given. Also if your BIL makes them aware, then if a future Insurers asks him whether he notified his Insurers and if so, what did they do, then he can answer this.

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The third party Insurers or the company acting for them, have every right to give notice about risk presented by trees in a garden.

 

Your B-I-L's only responsibility is to take reasonable precautions, by maintaining his garden. He has to be careful, as say three years down the line, the neighbours Insurers start litigation for further subsidence damage and he gets his Home Insurers involved, as he will have liability cover under his Home policy. The Home Insurers may say that they were not made aware of the previous correspondence, so they won't help, because they had no chance to review the situation.

 

I would suggest your BIL sends copies of all correspondence including the reports and photos of the garden to his current Home Insurers. If the neighbour has trees which present a relevant issue, perhaps send pictures of those as well.

 

Making the current Home Insurers aware of this, may prove very useful, for the reason given. Also if your BIL makes them aware, then if a future Insurers asks him whether he notified his Insurers and if so, what did they do, then he can answer this.

 

That's perfect, thanks. The small tress in my brother-in-laws garden won't get any bigger. However, I have responded with your suggested reply about their much larger conifers in their clients front garden that appear to have caused some damage to their clients own property - putting them on notice. Thanks again.


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BTW if the house goes on sale the "Notice of future risk" will need to be declared to any potential buyer and this may affect the value of the property. I would tell the insurers that before they put any such notice I would want them to carry out a full investigation at their expense. I am not sure but perhaps they could be taken them to court to remove the Notice if they keep the Notice but do not do a survey?

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BTW if the house goes on sale the "Notice of future risk" will need to be declared to any potential buyer and this may affect the value of the property. I would tell the insurers that before they put any such notice I would want them to carry out a full investigation at their expense. I am not sure but perhaps they could be taken them to court to remove the Notice if they keep the Notice but do not do a survey?

 

Excellent advise, that I shall follow, thanks again.

 

Best regards

John


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also let them know that their statements are reckless, frivolous and vexatious and copy your letters to all parties. This will then make anyone look carefully at any claim in the future.

Send a copy of your report and this letter to the professional body that oversees the assessors and make a compl;ain about the same. Again that wil make it harder for them to dig this up later unless they can show that it was investigated and their bloke suddenly proved to have a valid point ( not just his word). Find out the species of the trees and do a search on the local drift geology to see what the normal soil and subsoil types are. Council or library should have some suitable scale maps.

 

This sort of garbage is normal for insurers looking to play pass the buck

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also let them know that their statements are reckless, frivolous and vexatious and copy your letters to all parties. This will then make anyone look carefully at any claim in the future.

Send a copy of your report and this letter to the professional body that oversees the assessors and make a compl;ain about the same. Again that wil make it harder for them to dig this up later unless they can show that it was investigated and their bloke suddenly proved to have a valid point ( not just his word). Find out the species of the trees and do a search on the local drift geology to see what the normal soil and subsoil types are. Council or library should have some suitable scale maps.

 

This sort of garbage is normal for insurers looking to play pass the buck

 

That's great, thanks very much ericsbrother, really useful.


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http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

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