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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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Blueboy7

Cabot/Mortimer PAP Letter - old Zopa Loan

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Hello, im after some help please,

 

 This morning i received a letter from Mortimer clark solicitors in regards to cabot,

it  for a unsecured loan with zopa, from 2016,

 

they say there is a statement enclosed but it is just a cobot headed letter with open balance and date and closing balance and date which are both the same, no statement is in the letter, how do i know this is the amount?

 

They have enclosed lots of letters with boxs for me to fill in and sign also it has a expenditure form in and sign,

The solicitors has threatened that i have 30 days then it will be instructed to go to court for a ccj,

 

any ideas what im to do next pleased ?

 

Any help would be greatly appreciated.

 

Thank you 

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Hi and Welcome to CAG

 

I have moved your thread to the appropriate forum ....Debt Collection Agencies.

 

Have you received something vaguely resembling the following ...?

 

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/

 

Regards

 

Andy


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tell us a bit more about the history of this loan too?

is it n your credit file?

when did you take it out?

why did you stop paying?

when did you stop paying?

 

have you moved since you too it out too?
 


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

 

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Andyyorch & Dx100uk, thank you. 

the loan was taken out in 2016

 

Stopped paying due to wife losing job then i had wage cut so could only manage essentials,

 

tried for iva but didn't have enough to pay one of them,

His words were how you surviving you have more going out than coming in.. not moved house.

 

I trying to sign up for free credit report so will let you now if its on there.

 

In regards to the letter it looks all official and asking for my outgoings there is a dd mandate form

,No schedule of payments that has been made or any paperwork from zopa ! 

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So its not from solicitor and not titled letter of claim?


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

 

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Yes its headed from a solicitors Mortimer clark but says 

We need your attention potential legal action.we need to talk to you about this debt, if we do not hear from you cabot will ask us to issue court proceedings and then we will ask the court to order a CCJ 

At the end of the 1st page it says...cabot is flexible about repayment and would accept a reasonable offer of payment,based on what you can afford.

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Send Cabot a Section 77 request in return,,,does it state an agreement number on this threat o gram ?


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Yeh there is a agreement number on it. 

What is a section 77  ?

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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

 

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Thank you 

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They have enclosed lots of letters with boxs for me to fill in and sign also it has a expenditure form in and sign,

 

Are you sure its not a PAP Letter before action as per link in post#2 ?


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PAP letter ? Do u want me to post pic of them ? 

 

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Easier for you to check the link I provided and see if the forms are the same...its just you referred to boxes to tick and 30 days.


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Yeh it does look like a PAP letter, 

 

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Thought so....okay complete the form as per our instructions using our forms not theirs..and attach your section 77 request...job done.

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We could do with some help from you.

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Thanks andyorch, could you please put a link to your forms that i need to fill out. 

What will happen then ? Or is it a wait and see what they decide ? 

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There in the above link


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Sorry just realised, 🙄 

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I am not to sign them am i ? Nor shall i give any phone number or email? 

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no no and no.

 

and use our reply form not theirs!!

 

yes just realise Mortimer clarks PAP letter is different to everyone else and the recommended format

but thats cabot for you!!

 

 


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

 

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Had 3 calls this morning from Mortimer clark to contact them ? What kind of solicitor calls that many times..  also noticed that letter from them was dated 5/4/19 when only received on 11/4/19 !!!!

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Desperate ones  DCAs disguised as Solicitors.

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Do you remember the "two Ronnies" sketch about the tramps where one says "If I were Rockerfeller I would be richer than Rockerfeller" the other says "hows that then?"

" I would do a bit of window cleaning on the side"

Mortimers and others are exactly the same, they use their letterhead to do a bit on the side that isnt regulated activity because their SRA membership covers them. They are not acting in their capacity as a solicitor at this stage but sending back the suggetsed form will cut them off at the knees if they decide they ar working as a sloicitor because they have seen some easy meat

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Hello again, i am stuck with what i  should put in box D, i dispute the debt because? 

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was this loan given to you whilst you have a shedfull of other debt and your credit file had lots of defaults and missed payment markers?


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

 

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