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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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thedryad

Carphone warehouse iphone on Vodafone - mystery £196 data use - and I didn't even use the phone!

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Hi all,

In 2011 I took out a mobile contract with vodafone.

It was a 24 month contract which I renewed every two years and got an upgrade etc.

In 2017 I renewed again and all was fine

 

recently the bills started to increase.

We don't get mobile reception where I live (within a 3 mile radius).

I used wifi for most of the time, very rarely did I use the internet apps on the phone using 3G when out.

I made sure that data roaming was switched off.

 

when my bills started to increase I queried it and was told that I'd exceeded my monthly data allowance.

The thing is I barely used the phone (iphone) when out.

 

Two weeks ago I got an email from vodafone to say that I had charged of £79 for data used!

I was shocked!

I switched my phone off and put it in a cupboard.

 

The next day, I got another e-mail from them to say that they would be restricting my services until I'd paid my bill because my data charges had reached £113!

in just one day I'd apparently used £24 of data when my phone wasn't even switched on!

 

I got in touch and they said that I must have used my phone and that I had to pay.

I said that I would not pay and that there was no way I could have used that much data, especially in such a  a short space of time.

I told them to cancel my services and disconnect my number, but they said that they can't do this untill I pay the bill - which had now gone up to £196!

I couldn't beleive it so I hung up.

I then took the sim card out of the phone and destroyed it.

 

I'm now worried because I have no way of paying this £196, and I don't want the charges to keep increasing but vodafone are not listening to me and just keep telling me that I need to pay it.

 

I don't beleive that I ever signed anything when I took out the contract with them.

I really don't know where I stand or what will happen next.

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send them an sar

check they've not trashed your credit file.

 

dx

 


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

 

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I don't really care about my credit score, it's shot to pieces anyway.

I just don't want the charges to keep going on when I'm not even using the phone and can't afford to pay.

 

I've looked through the e-mails and have found the confirmation from carphone warehouse and the welcome e-mail from vodafone but no agreement and no payment schedule of any kind.

 

Can you please advise what I can do please as I know they're not regulated by the CCA1974.

I know it will probably go to a DCA at some point so I can't request a CCA with them but I can dispute it, but on what grounds?

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cant do anything without know what they do or don't hold on you.

sar time.

 

at what point did you turn off roaming and/or disable mobile data.

as with most phones, there are apps that people simply install or allow to do this or that without reading on the screen what access you are giving it to the phones capabilities.

 

in doors you might well have defaulted it to wi-fi when in range but outdoors if you didn't turn off roaming and/or disable mobile data it could well have used those when you took it out before you shut it off and removed the sim later in time. and these are charges on that data use being outstanding.

 

 

 


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

 

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I defaulted it to WiFi for indoors abc has it switched off when out unless I needed to use it.

 

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certain apps will seek out ways of connecting and then updating or sending useless location data so a bunker in Nevada but all of ths costs you money becasue you are not told they are doing this.

Finding out what has been connecting will be helpful as that will give you some bargaining power if it is a known problem and they didnt warn you as to what was eating your money

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I sent a SAR by email and haven’t had a reply or acknowledgment. I don’t have any means of printing a SAR to post them.

 

Every time I contact them they insist I have to very my identity by uploading ID such as driving licence and utility bill onto an online form. 

Not only is my name now different from what they hold (they said the only way they’d add my new name to my account was to go into a Vodafone store which is 50 miles away), but I don’t want to upload my personal documents online! 

 

Today I had an email from a company called Zinc group:

 

 

Dear Mrs. .......

We have been instructed by our client (Vodafone) to assist you in getting the outbound bar on calls on your phone lifted.

Please call us now on 01789 405 056 or make payment to the details below for this to happen: 

Sort Code: 40

Account No: 

Bank: HSBC

Failure to do so will result in:

1. Full disconnection and loss of your mobile number

2. Estimated termination fees of £41.72 being added to your account
3. Your account being passed to a debt collection agency where further fees will be added to your account increasing the overall balance to approximately £234.09

4. A default being registered on your credit file

You can call us on 01789 405 056 or email us at support@thezincgroup.com today, it’s not too late.

Image
I’m ignoring it as I already instructed Vodafone to disconnect my services and I also advised them that I am homeless and penniless, and that I have no means of paying.

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SAR sent on 22nd May, it’s now 2nd July and nothing, not even an acknowledgement - the SAR was sent by email to the person who has been emailing me - “Noel”. As soon as I sent the SAR his emails stopped. 

Should I chase up or make a complaint to the ICO straight away? 

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not sure where we say use email

think sar link says never use email

 

now send it to the data controller 


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

 

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Like I said I have no means of printing.

So this means my SAR was invalid? 

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most probably yes

it should be sent by royal mail to the data controller list on the FCA register website

and get free proof of posting. 

 

a printer/scanner costs <£30 now

else go use a friends neighbours or a local library.

 

dx

 


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

 

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I received the SAR docs, it wasn’t even complete and was just a few print offs of old bills! 

It did show data usage of 1.5 Mg on one day and then the next day 950mb!!!! I hadn’t even used the phone!!

How do I prove that I didn’t use this now?? **

I have now received a letter from Moorcroft.

I sent them  a letter saying I do not acknowledge any alleged debt to them or any company they claim to represent.

 

Today I received a letter from them with a few print outs of some bills from them which showed the data use but it was just internet printouts (emails they’ve sent me and printouts of my online account. It was in my old name too! 

 

So what exactly can I ask of moorcroft - I don’t want a back door CCJ - what document or what rule is it? 

 

 

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Who said send a powerless dca anything???

 

who are moorcfofts client?

 

Dx


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

 

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I don’t want a back door CCJ though. 

Edited by thedryad

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who are moorcrofts clients?

Moorcroft only chase debts not buy them so cant issue a court claim

only the OWNER of a debt can

and original creditors don't do court!

dx


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

 

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@thedryad That jump in data sounds like an iOS update, by default they download the update but only prompt if you want to install it once downloaded, usually the size of them are 800mb - 1.6GB depending on model.

 

I think that there is a setting within the iPhone that will tell you what data is being used, it may be worth setting that up. Do you turn your internet router off at night ?

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I always turn the router off at night. We have no network coverage at home. On the dates on the statement, I’d already taken the SIM card out so there’s no way I could have used any data.. the phone was switched off and left at home.

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@thedryad And when you are in the house your phone just sat on the Wi-Fi connected to that so it didn't use data ?

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Yes if I was to use the phone it would be on WiFi. Switched off when not in use. As I said I took the SIM card out in early April. 

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What I imagine has happened is;

  • You have had the phone on at some point on the Wi-Fi with the mobile data still turned on but not being used
  • At night when you have switched the router off (no need to do this btw) it has then defaulted to Mobile data
  • You have left your phone on either before you started turning it off or forgot to turn it off on an occasion
  • Due to the time of the night the phone has downloaded the latest iOS update overnight as and when signal becomes available (signals can fluctuate.)
  • This in turn has then used mobile data and increased your bill

If not an iOS update then maybe your apps have updated but the same sort of idea.

 

They can easily tell what number has used the data and that is most likely why they are just sending you bills in the SAR each SIM card has a number, that number is then linked to a geographical number and that all ties in with an account number that gets billed.

Edited by PIXeL_92

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Ah, but there is absolutely NO mobile network (any network) in this Valley, so it’s impossible that it picked up mobile signal at home. And also the SIM card was taken out before this data was allegedly used and texts were allegedly sent. 

 

 

 

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So Vodafone still haven’t responded to my complaint even though they signed for the letter 6 weeks ago.

Moorcroft are now sending letters and adding admin fees saying that Vodafone have instructed them to pursue the debt, and that my complaint was satisfied in July which it was not!

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Please can anyone else advise? Vodafone are ignoring my letters disputing the amount and as such Moorcroft are still harassing me.

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as post 15

 

dx

 


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

 

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I sent VF a letter of deadlock and they “replied” by email with a generic script, requesting that I upload documents to prove my identity! 
Shocking! 

 

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