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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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Hello

I hope some of you wise people can give me some advice. I received a 3 x notices of enforcement on the 29th March.

they total £2,018.74.  which I think include fees (the £75 was mentioned on each letter)

 

I have no recollection of these liability orders, but do know that we had terrible financial problems 2005-2008.

I have always been on the electrol roll and wonder why they have chosen now to get in touch.

 

I have been in regular email contact with Dukes, I have informed them that I am on income support and carers allowance at the moment and home educate

my 2 children, one who has a disability. I offered them £10 a week, but they emailed back with a income/ expenditure form because of the size of the debt.

 

Ive also emailed the council 3 times but no response.

 

Im just not sure what to do next, I was a bit worried about going straight ahead with filling in the income form etc as Id rather try to get the debt sent back to the council.

 

Any advice most welcome.

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sadly that might no happen.

always best to ring the council then WRITE

but they will be closed now till Tuesday.

 

you need to check with them when the liability orders were gains on all 3.

if they were not gained within 6yrs of  'owing' then they are barred now.

 

yo are lucky the bailiff has not attended again

as he'll add £235 to each debt

though im not sure he can do that for multiple NOE's at the same time?

 

 


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

 

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Hi

As DX says ring the Authority and find out when the LIability orders were issued. They are barred from acquiring one after six years under the Council Tax Regs.

 

Also, if the LO was issued over six years ago, they will be barred from enforcing until they obtain the permission of the court.

 

If the EA has more than one Warrant to enforce at the same time he should only levy the one fee.

 

 

 

 

 

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks for the replies. I have already asked for a breakdown from Dukes, this is what they sent me.

 

£876.33 – 1st April 2005- 31st March 2006 - issued  - 27/06/2005

£634.16 – 1st April 2007 – 20th Jan 2008 - issued - 26/11/2007

 £508.25 – 1st April 2004 – 31st March 2005   - issued  -  24/01/2005

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83.2  CPR

(1)  This rule applies to—

(a) writs and warrants of control;

(b) writs of execution;

(c) warrants of delivery;

(d) warrants of possession.

(2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant'.

(3) A relevant writ or warrant must not be issued without the permission of the court where—

(a) six years or more have elapsed since the date of the judgment or order;

This is from the Civil procedure rules. I would ring the council in the first instance, although they may just refer you to the Bailiff. Just ask when permission from the court under section 83.2 CPR was obtained.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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so he cant charges 3*£75

nor 3*£235!

 

aw that's a shame dukes!!

 

trying to fleece you

do you know the values of the LO's from THE COUNCIL.

not via dukes?

see if they've added unlawful fees?

 


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

 

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Also, mention section 9 of the taking control of goods regulations. This limits the period a warrant may be applied to twelve months.

Time limit for taking control of goods

9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.

This may be more apposite if you have received a notice of enforcement at the dates quoted.

 

If you are successful in getting through to the council, tell them you are not trying to avoid the debt and would be happy to commence a repayment plan with them(the authority) immediately.

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I've been emailing the council, as I wanted to avoid phoning and keep copies of emails. I will phone the council on Tuesday. Should I still do the income/expenditure form as that is due 24th April? I have not had a home visit yet.

 

Thats the info they gave me when I asked for a breakdown of the debt, no splitting to shoe their fees. The notice of enforcement gave debt + 75. So the debts written on the letter were £801.30,  £433.25, and £559.16

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9 minutes ago, dx100uk said:

so he cant charges 3*£75

nor 3*£235!

 

aw that's a shame dukes!!

 

trying to fleece you

do you know the values of the LO's from THE COUNCIL.

not via dukes?

see if they've added unlawful fees?

 

No sorry DX, should have been clearer. He can charge the compliance(£75) three times, but the enforcement fee just once, that is, if it is reasonable for him to attend at the same time for all warrants.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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2 minutes ago, mamt35 said:

I've been emailing the council, as I wanted to avoid phoning and keep copies of emails. I will phone the council on Tuesday. Should I still do the income/expenditure form as that is due 24th April? I have not had a home visit yet.

 

Thats the info they gave me when I asked for a breakdown of the debt, no splitting to shoe their fees. The notice of enforcement gave debt + 75. So the debts written on the letter were £801.30,  £433.25, and £559.16

1

How long have they given you to send the form back? The statutory period is seven days but many EA's give you more.

 

Just some basic things about CTax bailiffs you probably already know.

 

They have no powers to force entry, however, they can gain access through an unlocked door or take goods from the garden. They can call on any day of the year between 6 am and 9 pm.

 

If the Bailiff does not collect,  and the warrant is returned to the council all fees will disappear and you will be left with just the original debt.

 

So if you did nothing and you are happy for the threat of the Bailiff calling for up to twelve months you could just "sit it out" and eventually you may get away with just paying the council the original debt without fees. Many subscribe to this course of action.

 

The downside is,  for the period mentioned there is the continual threat of the bailiff calling and all the stress that goes with it. in addition most importantly, the authority, on the return of the warrant may just pass it to another bailiff.

 

So perhaps over the weekend, you could decide which path you want to pursue. 

 

I don't want to persuade you either way but personally, I would rather just get it sorted, (With the authority if possible) and get on with the important stuff in my life :).


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks for the advice,

I will call the council Tuesday morning and see what they say, and then send the I/E form.

 

Something doesn't sit right with me on the whole thing. 

 

I found an email I had sent to my MP early 2008 detailing the problems we were having with tax credits, and I go into great detail of our situation and  employment history.

 

Work was sporadical and I am pretty sure we were on benefits throughout one of those whole periods

(I even had a post on here about the bank charges problem)

 

In fact most of those time periods mentioned in post 4 there was little work.

Worst 2 years of our lives!

I dont know how to find records of benefits though for that long ago.

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if you go to the dwp website there is an online SAR you can fill in to get all the details.

 

here is your old thread mentioned above

 


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

 

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Email and call your local elected councillor,/ elected head of council. There is a better than 50 % chance that they will be able to sort this out immediately, in fact considering your circumstances, 90%.  They will also likely be working over the long weekend. You should be able to find their email / mobile number on Google.

 

Your local councillor will have the immediatee power to stop this in it's tracks, and can overide any obnoxious Council tax employee, or Bailiff.


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Would that be the head of council for where I lived at that time, or where I live now? I moved areas in 2011. Thanks

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where you lived


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I didnt contact the council in the end, just went straight to the MP that had helped me with the earlier issues. He is contacting the people connected with debt recovery at the council. I will report here what happens next. Waiting for Dukes to get back to me after I&E offer. I doubt they will accept it anyway. They have asked me for evidence of vulnerability, ive answered that asking what evidence they require as proof. 

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Good move

 

As for the vulnerability, doctors / or consultant note would do it, in terms of your child's disability.


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I think,  in regards to the EA, he would be more interested in the bill payers vulnerability.

 

I don't think the family member would be relevant to the enforcement. Unless you could show that it caused the bill payer such trauma that they cannot handle their finances, V unlikely I am afraid.

 

Not to say it is not worth mentioning, there may be someone at the council with a more compassionate view.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks for the replies The vulnerability is about them coming to the house with my son there, not the debt/payments itself, ive already told them that I am fully aware that I need to continue dealing with them until this is all sorted out.

 

I am clarifying/disputing the debt with the council not with Dukes as I dont think they can do much about it their end anyway unless the council tells them to stop.

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I am sorry but your child's vulnerability will have no effect on the action by the EA.

Whether he is there or not, only if he were there alone.

 

The TCE act is quite clear just the debtor, sorry to say.

 

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I'm not so sure, especially if he pushes via the local councillor route, or even if his MP get's involved.  A note from a medical professional explaining symptoms, medications makes a huge difference, plus the OP is on income support.

 

I think if he does this he can have the debt handed back to the council, maybe on a token payment plan for 6 months.

 

Councils are very wary of pushing families over the edge, it's a hell of a lot cheaper for them to take a hit on the council tax than be forced to re house an evicted family, because they can't pay their rent.  

 

 


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We are already in the vulnerable catergory.

im a full-time carer for my son (technically unemployed on income support with carers allowance)

 

My partner is what is called 'economically inactive' at the moment,

he has a back problem that made him unable to work (was self-employed in construction )

 

he is about to start a maths degree course with OU to retrain as a private maths tutor to the home education community.

He gets no benefits .

 

 

we are in the 'unemployed' category.

My son adds to the 'complications' as he has high anxiety for anyone coming in (even family has to be well prepared for).

 

Look, all I want is for them not to turn up,

it would cause me more than its worth,

my son would freak out at some strangers coming in and walking around.

 

Ive made it quite clear to them this is my only wish where they are concerned,

ive said all other areas are open for communication, email etc.

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who says you are in the vulnerability category?

bailiffs cant 'just come in'

there is NO right of forced entry on CTAX debts.

you don't have to interact with them at all.

simply ignore them totally and they will go away.

[in respect to what you have been advised here already]

 

dx

 


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

 

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Yes I know,

but my house often has doors open,

I really don't want all the hassle of looking over my shoulder.

 

My house is my childrens place of education too, they go in the garden etc.

 

As for the category, it says that unemployed people are to be considered in that category in the TCE

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