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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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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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we'll sort you out ....we know its got to be done by the 20th

there isn't a util gas nor electric WS here anywhere for want of ref, by this time lowells have usually discontinued.

 

i'm toying with the idea of you exploiting your litigant in person advantage here and waiting until lowells send you theirs

that way we can rip it apart and it will give you the format too

 

now if you want a heads up

have a look at the various shuman/southern water ones will give you an idea.

 

all doc uploads here in this post for ef 

 

dx

 

 

 

 

 

2019-08-13 Lowell notice of claim issued.pdf docs+tomlin offer.pdf docs1.pdf docs2.pdf


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

 

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ok I don't know if this any good as a WS but here goes .

 

This is my witness statement to back up my defence.

 

1. I received the claim from the Northampton County Court
dated 08/08 2019. 

  
2. Each and every allegation in the Claimants’ statement of case 
is denied unless specifically admitted in this Defence. 

  
3. This claim appears to be for a domestic utilities supply 
agreement. 

  
4. The Claimants’ statement of case fails to give adequate 
information to enable me to properly assess my position with 
regards the claim. 

  
5. The Claimants’ statement of case states that the account was 
assigned from Eon Energy Solutions to Lowell Portfolio. The Defendant 
does not recall receiving an authentic notice of this assignment from 
the original creditor - the version provided by the Claimant appears not 
to be an authentic document from the original copy.   

  
6. On the 11/08/ 2019 I sent a CPR 31.14. I requested the Claimant provide copies of the contract / agreement (the “Agreement”) between Eon Energy Solutions and the Defendant, terms and conditions of said contract, the Deed 
of Assignment, the Notice of Assignment, Default Notice, statements of the account, and all other documents or date they intend to use as e 
Eon and the Defendant, terms and conditions of said contract, 
of Assignment, the Notice of Assignment and of the 
Default Notice. 
Any information related to the Defendant and the said supply and service agreement. I requested true copies of the original contract / agreement, along with its terms and conditions, statements to show usage and payments against the account, the notice of default, notice of cancellation/termination of the account, notice of assignment, and any notes, memos, transcripts on file related to the account. 

  
7. On 28/08/2019 I received a response from Lowell Solicitors. The Claimant refuses to provide a copy of the original contract / 
agreement ( the “Agreement”) and is refusing to request a copy from the original creditor. 

  
8.Lowell Solicitors have provided copies of the Notice of Assignment, and a copy of a "final bill" from Eon energy Solutions dated 17/06/2014, but have not responded to my CPR 31.14 request, nor have they provided any other documents that I requested 

  I request the court orders the Claimant to provide the 
necessary documentation in order for me to fully plead my case 
else the Claim should stand struck out. 

  
In the event that the relevant documents are received from the 
Claimants I will then be in a position to amend my defence, and 
would ask that the Claimants bear the costs of the amendment. 

Signed
dated 

 

Edited by andrew1402

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what if they don't send one?

status at court is as follows

 

1.A claim was issued against you on 8/8/19

 

2.your acknowledgment of service was submitted on 10/08/19

 

3.your acknowledgment of service received on 12/09/19

 

4. your defence was received on 3/09/19

 

5.DQ sent to you on 21/09/19

 

6.DQ filed by claimant on 21/09/19

 

7.you filed a DQ on 17/10/19

 

8.your claim was transferred to Manchester on 14/11/19 

 

that's it so far 

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you'll win!

 

dx

 


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

 

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wouldn't my defence be struck out though if court don't receive my WS by 20th January though?

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yes same goes both ways mind.

if they purposefully file late

then so can you

 

you have the advantage because you are a LiP and are given leeway.

 

dx

 


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

 

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UPDATE. discontinued by Lowell donations will be arriving soon thank you Andy and Dx for putting up with me 

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:bounce:

that's why I wasn't sweating upon getting the WD done

the office junior has suddenly been given that job and the boss realised they don't have a leg to stand on.

pretty much std now in most Lowell util claims

 

well done!!

dx

 


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

 

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As expected......thread title updated.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 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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