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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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Already advised in my last post....I really cant make it any clearer...


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I understand paragraph 5 and what you advised I'm just trying to clarify the situation basically I'm saying no to mediation because I dont have enough information about the claim to enter negotiations am ,but still have to complete the N180 form am I correct in saying that?

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You have to complete the N180 anyway.....whether you agree or not to mediation..otherwise your defence will be struck out and you get a CCJ


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so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

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you are the defendant, they come to the local court convenient to YOU

if you go search N180 in our search facility up top

we normally advise to agree to mediation [unless the claimants claim is statute barred]

 

you are thus entering into the spirit of the mediation process, 

you continue to agree to it until the actual day of the telephone mediation itself

 

THEN if you have not received enough information from the claimant to make an informed decision 

WHEN the same questions on the N180 form are asked again by the mediation service before it starts

you say NO.

mediation will fail.

the case will be referred to the local court for allocation for a hearing

IF the claimant pay a fee.

they might not

they might discontinue

we cant see into the future.

 

dx

 


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

 

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5 hours ago, andrew1402 said:

so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

 

The claimant does not fill that in...the defendant completes that section....its allocated to your local county court..you are the litigant defendant.

 

Have you actually read any other threads on the court claim process ?  :classic_ohmy:


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an update of sorts

 

my Mrs received an email from the court saying about times for mediation 9-1 and appointments are first come first served

 

what we can gather no appointment as yet and no more information sent from Lowell

 

if appointment does come in our case

not enough information in our case

all my wife has to say is no to that part

 

am I right?

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wont be from the court 

but the mediation service...???

 

but, yes you are correct...

 


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

 

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Maybe, so let me get this straight they go through questionnaire questions first just for us to tell them not received enough information to proceed seems hardly worth it but understand. 

Hopefully we won't have to go to court could do without the stress at the moment.

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post 162...already explained all this before

dx

 


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

 

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I know I've slept since then but anyway nothing wrong with a bit of clarification making sure we get it right 

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update no appointment been made by phone call apparently unable to it's now transferred to County Court Hearing Centre in which we have to await Judges directions which will be sent to us in a notice of allocation 

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got a few updates i'll post later today

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On 06/01/2020 at 14:48, andrew1402 said:

got a few updates i'll post later today

here is the documents they are taking to the hearing in May any advice ?

 

docs+tomlin offer.pdf

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Have you got your Notice of Allocation yet ?


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Std begging they send in every claim

Go read up!!

 

Discontinuance next


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

 

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41 minutes ago, Andyorch said:

Have you got your Notice of Allocation yet ?

Hearing will be at a court near us in MAY

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And what date must you comply with the courts directions by?


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not sure what you mean? we had a letter from court of when and where the hearing will be held and saying all documents by each party for the hearing must be in by January 20th and this letter I just uploaded is their documents for hearing and response to that

 

they also not attached the Tomlin Order Agreement 

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The letter is called a Notice of Allocation n157...that gives you notice of what happens next (directions)...you and the claimant must now prepare a witness statement and prepare any and disclose any documents you wish to rely on at trial.....normally this must be done 14 days before the hearing date....but your letter will confirm the dates....20th Jan I gather from your last post.

 

So start looking at witness statements and start preparing...dont leave it until 18th Jan to ask for advice.


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So youve had their WS Yet??


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

 

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I'll double check to find that letter but witness statements and documents what documents does my wife give? And what witnesses ?

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Time to read other threads....the process has been explained 1000s of times.


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Posted (edited)

Which one ? Which process many cases involve different things 

Edited by andrew1402

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Take your pick from the following.....100s of Lowell claims...litigation process is the same irrespective of the debt type.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


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