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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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Karalius

CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR ***Claim Discontinued***

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Yes you must file and serve it otherwise your defence will be struck out.

 

A1 = No

D1 = Your Local County Court.

 

Andy


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Thanks Andy, just filled it out and will send both tomorrow to CEL and courts.

 

Much appreciated, have a good evening. 

 

I'm sorry, just another question - When serving this for CEL, do I just photocopy the form N180 and send it, or does defence have to be included also?

 

Thanks 

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Why photocopy ...use the link I have provided above and print three copies after completion on your PC/Tablet etc. No you dont send a copy of your defence with a Directions Questionnaire ...they have already have copy of your defence when you submitted it and served a copy on the claimant.


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just remember don't give CEL your pers details on their copy 

remove email/phone/sig


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

 

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Good morning,

 

I have received a letter on Tuesday dated 26 Oct that my case has been transferred to my chosen court for allocation and judge will allocate the claim and give directions.

 

Now, last night I have received a letter form courts also dated 26 Oct that says following:

The defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionairre with the CCBC by the date specified in the notice.

 

IT IS ORDERED THAT

The defendant must file the questionnaire on or before 7 days from service of this order with CCBC via post, via document exchange, or via email @...

 

If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

 

Right... so I have sent out the questionnaire, but I guess it never arrived, or it arrived late (I have proof of sending receipts).

 

Now my question is

today is 31st, and I have 2 more days for letter to reach courts.

 

I will send this out first class special delivery today.

Would that be the correct thing to do, or its best to send them via an email and explain that I was on holiday, thus my questionnaire was not delivered in time due to letter arriving while I was away, or is there another option that is faster I do not know about?

 

Can someone please help me?

 

Thanks

 

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just resent the N180's out by email to the court and royal mail to CEL

 

no to mediation

1 wit you

the rest is obv

no need for email/sig/phone on CEL's copy

 

but if you've got the N157 today?

then they must have gotten your N180?

why not ring and check

 

 


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

 

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Court error


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Thank you Andy/DX. I should have called them to check myself, sorry for wasting your time. It was indeed court error. My N180 was received on the same day as the letter got sent out. No need to send it again :)

 

Thanks and I will be putting my time in preparations to this case. 

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District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour. 

 

Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December. 

 

I have a few questions if possible to get an answer from anyone please. 

 

The following directions apply to this claim:

1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 

My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about? 

 

2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January? 


Thanks!

 

 

 

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yes ring the court and get it moved

directions might stay the same though for fee/WS exchange mind.

 

dx

 

dx

 


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

 

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Quote

 I have to leave country for important work trip from 10th to 19th of January 2020.

 

Did you not enter the above dates on the DQ as dates to avoid ?

 

Andy


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Unfortunately at the time my work did not require me to travel, until 2 weeks ago :(

I will try to ring the courts tomorrow to see if they can change the hearing date.

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you will probably have to request in qwriting but usually email will suffice for somehting like this. The local court will give your email addy

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I just phoned up the courts and was told that it can only be postponed by filling out form N244, paying 100 quid and if the claimant agrees they can change the date, otherwise its 250 quid.

 

Does that sound right? 

 

 

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no, they have the powers to change the date unilaterally but clealry dont want to.

 

I would write to the court telling them you are out of the country on business at your employers command on that date and that it will cost you £4000 to travel back for the hearing and would they ask the claimant if  they are happy footing that bill just because the court wont use its powers to postpone things for a week ( or however long).

 

You should send a copy to the claimant as well so they know that they are in for a huge bill when they lose.

CEL wont want to turn up anyway so it might be enough to kill the claim.

 

If they dont agree then you remind them about the costs issue.

Lay it on with a trowel.

If the costs arent currenty that high check with an airline how much they charge for a standby ticket and you will see that they are

 

Now write and email the court and explain.

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Hey guys,

 

Update: I have done as Eric suggested, however have had no response yet from courts.
 

Good news is that I received a letter from CEL last night and it states that the claimant discontinues proceedings for the whole of this claim! 

 

Looks like they got a bit scared of the bill :) I will double check with courts today to ensure this is true. 
 

Again, this is 2/2 cases I have won against CEL with CAG help!!!! Thank you to everyone involved and I have one more to fight! 

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Brilliant. Please let us know once you've spoken to the court and we'll amend your thread title.  :D

 

HB


Illegitimi non carborundum

 

 

 

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Great stuff, is always best practice to check with the court, PPCs have a nasty habit of saying have discontinued but carry on.  Interestingly I wonder what would happen if they went ahead, after sending the letter and victim presents the letter of discontinuance to the court after a default?


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Courts have indeed confirmed that the case has been marked as cancelled and will no longer go ahead :) Very good news!! Thank you to everyone involved you guys are awesome I could kiss you :))!!

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Thread title updated...we would much prefer a donation though :wink:

 

 

 

Andy

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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

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Be assured it will be done!

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