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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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ok good

let it run then.

 

I've sent you a PM with a secure email

send me the scans of the complete CCA return please

see if can get them up...

 

dx

 


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

 

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After sending the IRL to zopa still got no reply should I email them a copy ? Hopefully you received the docs I sent ? 

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docs are in post 42

ring zopa and ask?
 


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

 

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Thanks for doing that 

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Zopa have emailed back and will look into account and get back within 3 days.

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ok

I cant see the point in returning another pap form no.

as long as all the ref numbers are the same.

await zopa to reply to your IRL complaint.

 

dx

 


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

 

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Zopa have emailed back again hereby there reply.....

Thank you for bringing your concerns to our attention, in my role as a Complaints Officer at Zopa I have investigated the matter.

As I understand it, you are unhappy as you feel that Zopa are an irresponsible lender and shouldnt have allowed you to borrow funds as it wasnt affordable and if the relevant checks had been completed we would have seen this.

I would like to apologise if you feel that we have failed to take adequate steps when approving your loan and ensuring the loan was affordable before funding it, however, I would like to explain that when we review an online application, we take a holistic view of the information provided and must assume the person submitting the application is who they say they are and that the information they are providing is correct.

As we are lending other members of the publics monies, we have a very strict lending criteria that considers many things including the information we receive from the Credit Reference Agencies, how any historic debt has been maintained and debt to income ratios based on the information provided by you.

During the application process, we requested your personal information such as name, DOB, address, bank details and employment information. We will consider all of this information and complete further verification checks to see whether additional information or documentation is needed and on these occasions, we did not require any further documentation on your loan, and it was approved.

When you made your initial loan application on 28 May 2016 for the loan of £5,000 there were no signs of any adverse repayment history on your credit file that raised any concerns. Furthermore, your outgoings were compared to the income you detailed we had no concerns over your affordability and the loan was approved after documentation was uploaded to support your application which included two payslips.

Additionally, I can see that you successfully paid funds towards your loan until January 2017. We cannot be held responsible if your circumstances changed since the date you applied for lending with Zopa or if provided incorrect information on your application.

I hope that I have been able to clarify the circumstances surrounding your complaint and please note that under terms of our Complaints Procedure this is our final response. If you are dissatisfied with it you have the right to refer your complaint to the Financial Ombudsman Service, free of charge but you must do so within six months of the date of this letter.

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. For more information please read the below link Your Complaint and the Ombudsman.

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

The address of the Financial Ombudsman Service is:

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
  
E14 9SR

 

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was this not true then?


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

 

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They are saying so ? 

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when you took this loan out

was your credit file trashed and had lots of defaults.

asked you not them..

if it wasn't an IRL was always doomed to fail..

 

if it was bad and you have proof. time for the FOS.

 

dx

 


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

 

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Not trashed as you would say,...or to what I've seen/read about on other threads, nothing else to do then now is there,...I not got the funds to pay it and just received another letter from a old moneyway loan, 120 call out charge to tell me I owe them money, I KNOW I DO...

o well, no money to pay them no one will give me a iva, Apparently I've not got enough money left over to live off as it is.... what to do next I do not know, 

 

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you don't take out an iva or anything for consumer debt

call out charge?

 


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

 

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Dont know what else to do..

Yes call out charge for another debt turned up from Alpha credit solutions..see pic 

God know what I'm to do,I'm in right mess about 10k worth 🤯

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as with your other thread

PDF only please read upload

ive removed that as your name is on it.

 

dx


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

 

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So what to next, if iva not the answer, 

And will try with pdf  

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Let it run

Least of your worries

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

 

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What you recommend I should do about the Mortimer scenario, ring or leave they threatening ccj and sent more of them forms again fill in, they already had them once 

 

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where have we ever said ring ...


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

 

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So you think should just leave the both of them and see what becomes of them, let them make a move.. 

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one debt to one thread please


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

 

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Bit of a update, received letter from Mortimer asking to call and discuss repayment plan within 7 days, or a field agent would be calling to have a discussion in relation to my financial situation and trying to sort payment plan out.. 

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powerless ...

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

 

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Best get some cake and biscuits in ...oh and dont forget the best china :becky:


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Hopefully 🤞

Really appreciate all the advice🤝🤝

I know must have picked your head dx🤯

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