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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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happycaravan

Barclays Overdraft Fees - Reclaim help required

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the interesting [sic] thing here is the interest ….

 

whilst in an OD state, the account and everything in it attracted interest at their std OD rate..

however, and this is where slick's expert knowledge plays its part..i'm unsure if the 24.9% or the avg OD rate should apply.

 

I 'believe' we've seen Barclays cough 24.9% for this on an OD, but, since the change of forum software many of my notes and links goto oblivion now … and i'm doubting this is correct...


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

 

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Ah really? i thought i'd read on one thread a rate of 29% or something along those lines but i have seen a lot of threads so could be wrong on that! I'd appreciate your help Slick when you have a second, no rush as it's late and i wont be sorting anything this evening.

Thank you as always dx :-)

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Looking back at posts #13 and 14, this is a current bank a/c so why would penalty fees be reclaimed.

 

I get the PAF and the PPI elements but have I missed something  as I thought penalty fees stopped being reclaimed years back.


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My fault Slick I thought it was worth a shot,  do we just forget about the bank charges then and focus on the other two? so do we have the correct interest rates on the overdraft ppi? I have completed a compound interest spreadsheet with 24.9% interest and the PAF  I have completed the spreadsheet with the 8% simple interest. Hopefully that makes sense - sorry again for the confusion :-(

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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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Hi HC,

 

Look at the 2 Word Doc'ts posted above by Andy. Let us know how YF's case compares to the case highlighted in 2014.

 

Did YF fall into a cycle of penalty charges after a single or a few small transgression and suffer disproportionate and/or spiralling charges as a result .......

 

........... or were there regular transgressions where the a/c went into o/draft with card and/or cheque payments.

 

The case highlighted by Andy is (to my knowledge) a County Court judgement so it set no Precedent for other similar cases. However, it does suggest there is a degree of hope for cases where the customer has suffered unreasonably or unfairly by the bank's treatment.


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Hi Slick, 

First of all i'm sorry i haven't had chance to respond before today, i'm not in the best of health myself at the moment and I had to wait for my friend to return from her holiday in order to go through some finer details.

 

In answer to your questions above, and after going over the bank statements again the bank charges are due to the odd occasion when she's gone over her agreed overdraft limit as a result of card payments etc, sometimes there would be 2 or 3 charges at one time. There are a total of 39 charges between the period of 23/08/2000 and 19/01/2012. 

 

If i need to forget about this one then fair enough

- i just thought it worth a shot really but i'd rather focus on the other two as times running short and i really want to get some results on those for her.

 

Could you have a look at my question on post #29 re the interest on the spreadsheets?

once i know i have the correct rates i can get them sent off.

. I really cant thank you all enough.

From both of us xx

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On ‎10‎/‎04‎/‎2019 at 13:03, happycaravan said:

My fault Slick I thought it was worth a shot,  do we just forget about the bank charges then and focus on the other two? so do we have the correct interest rates on the overdraft ppi? I have completed a compound interest spreadsheet with 24.9% interest and the PAF  I have completed the spreadsheet with the 8% simple interest. Hopefully that makes sense - sorry again for the confusion :-(

those are correct


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

 

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Thanks Dx100uk - you're a star as always :-) 

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Hi again Dx100uk

 

I have a question(s) if thats ok? 

Do i need to 'rename' the spreadsheets before printing off? i.e. I have one called Compound Interest - is it best to rename that PPI redress calculation? and the other Packaged Account Fee Reclaim perhaps? 

 

Also as the PPI we are reclaiming is relating the the bank account would it be template letter number 1 to use and adapt? 

 

Thank you

 

 

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yes ofcourse


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

 

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Thank you :-) 

 

I am just tying everything up now and was looking for a letter template for the bank account PPI, I was browsing the Barclays threads and noticed one previous thread had used the Simple interest spreadsheet as opposed to the Compound Interest spreadsheet for their PPI  so i just wanted to double check i had input the information correctly. Aside from how long long it's taken i don't want to get it wrong and give Barclays any reason to wriggle out of it, but given the total amount of the claim i suspect they might - this is a biggie! 

 

 

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depends if there is any interest being charged by the OC, if not then you use the statint sheet...


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

 

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Hi dx100uk

ok I’ve checked through the statements again and there is interest on there, it just says ‘interest charged’ and then the amounts differ each month. Would that be the overdraft interest? 

 

Thank you x

 

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yes and now you need to find the rate or the avg rate for all the years and use the CISHEET and pop that in cell d15.

 

there are several Barclays reclaim topics here

typically I think we use 24.9%


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

 

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Yes I’ve used the 24.9% as you advised previously thank you :) 

 

I’ve just noticed that there doesn’t seem to be any interest once the charges switch to ‘overdraft ppi’ around 2013.

 

I’m wondering if this is because it was maybe included in the monthly fee?

Perhaps more googling is required 😔.... 

 

Given the interest charged however am I correct in using the CI Sheet Dx?

And once I establish the answer regarding the interest inclusion Re the monthly fee I assume we don’t add interest on our spreadsheet from the date they stop charging? 

Thank you again x

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you end the cisheet on date they stopped their int [claim to date]

you then enter that figure as a whole into the statint sheet the day after [claimfrom]

leave claim to date alone

it auto increments daily till they settle.

 

you are entitled to 8% statint on any sum ..in addition to their int to that point ....as you've been deprived of investing the sum


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

 

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Thank you for replying dx100uk. 

I was trying to get my head around your response.

 

I have tried to keep the 2 claims separate i.e the packaged account fees claim and the overdraft PPI claim but im not sure if thats possible (unless im over thinking)

 

because from June 2014 the interest was scrapped and then replaced with a daily charge if the OD was used.

If I end the CI sheet as you say above i am left with approx 5 years of PPI charges still (between 2014 to present date) to record, where would i put those?

 

I seem to be getting muddled and i apologise in advance as im not very good with spreadsheets as is.

its taken me this long to get this far.

Please bear with me :-( 

I'm so grateful for your support

- we both are.

x

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the PAF is all on a sep statint sheet .

you can only claim statint on paf's  not at their int rate sadly according to the fca/fos.

 

as for the post 2014 ppi [after their int ended]

you enter those individually on the same statint sheet as the sum of the cisheet 

you are entitled to 8% statint on each one until settled

 

now the OD £10 charges

ideally those should be a third statint sheet.

as they are not associated with either the PPI nor the PAF claims

 

the process of reclaiming PAF/PPI might well render the AC balance at any/the date of each £10 OD charge in the black so those reclaims might see some/any/all of them refunded under either one.

 

dx

 

 


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

 

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Thank you so much that makes sense - i do so appreciate you taking the time to explain everything. 

 

I have completed the PAF exactly as you suggested (phew! i have got one of them right!! the only thing i need to do is add the bank address to the letter and get friends signature on said letter!)

 

The only question i now have is the £10 OD charges you mentioned, i have read back through the thread and can't spot anything obvious but i have been reading all night in an attempt to find a suitable PPI template to adapt (without success!) so my eyes are tired, - is that something i have posted about earlier? 

 

The only thing that i could recall was the penalty charges but slick had advised me not to pursue due to the supreme court ruling...

 

 

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why not mention them on each claims covering letter?

 

the account suffered numerous £10 OD charges post [date] 

should the account [following a successful reclaim] not be in the red now when each of these were levied, I also expect these to be refunded as it would no longer be a true reflection of the account balance at each date.. or alike...….

 

 


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

 

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I did think it might be worth a bash to be honest, after all what is there to lose?

I had already done the spreadsheet too so no real extra work involved there.

 

The charges were between £12-£22 i think in the end - not got the exact info with me as im at work at the moment

i do think it worth asking for them refunding - they can only say no cant they?

 

Thank you so much dx100uk,

this claim alone is quite huge and if we are successful (the PPI is quite certain as Barclays have more or less asked her to claim) we will definitely be making a donation to the site as a thank you.

 

I just need to get my template sorted now for the PPI,

I have the template but trying to adapt it for the overdraft PPi is tricky

- i have been scouring the forums for days in an attempt to find someone who had posted a similar one lol... 

 

x

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what Template

you mean PPI covering letter

or the FOS CQ you should send as well as the spreadsheet and covering letter for each PPI reclaim?
 

 

 


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

 

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Yes the PPI covering letter, i have the template already but just needed to adapt it as its mainly to do with loans rather than our situation which is the overdraft PPI. Do we have to send the FOS CQ as well or will the covering letter as and spreadsheet be enough? (per claim of course) 

 

Thank you... again 

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you must always send the FOS CQ

else they'll just send their own one with loaded questions.

 

 


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

 

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