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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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Tauty

Lowell Letter of claim now claimform - 2 shop Direct + Cap1 card debts merged

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Hi lads,

 

I have received letter from lowell saying they will take me to court, what should i do next?

 

 

 

LOwell PAPLOC.pdf

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post 2 here

 

you'll need to send 3 CCA request to lowells

 

tell us more about why you didn't pay these.

and their individual history


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

 

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Thanks dx!

 

Do I have to send 3 CCA's direct to lowell, or their solicitors?

 

I had some problems abroad, so was away from UK for a while to sort everything out, so received letter from them recently.

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post 2 here

follow page to for the PAPLOC reply

you'll also need to send 3 CCA request to lowells

 

tell us more about why you didn't pay these.

and their individual history


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

 

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Just checked all of that dx, so my question is - do I have to send CCA's before I am filling PPAPLOC?

Sorry, I am realy bad in all this law stuff 😕

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part of the same process

 

dx


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

 

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Hi lads,

Just received letter from lowell solicitors, that they will try to look for documents I requested, so my account is suspended 🤞

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Good evening lads,

So lowell solicitors came back to me with and provided all credit agreements also all transactions had been made etc.

But none of credit agreements has my signature in it.They gave me 14 days to replay to it, what should I do next?

 

Cheers!

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scan up each CCA return to ONE multipage PDF each

don't need statements for the card.

 

read upload guide carefully

 


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

 

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Will upload when I ll sit next to laptop

Edited by Tauty

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Hi, if you have problems of the view, I will try to make better quality pics. Thanks!

pdf1.pdf pdf2.pdf

pdf3.pdf

Edited by Tauty

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no cap1 agreement there? [1 sd pdf2 duplicated?]

 

the problem if you look at the SD ones..

they are within 3 days of each other

theres no real proof of any agreement number to match either to the agreement no's in their POC

they appear to be for the same value.

theres no proof like IP number of actually who/where online these were taken out

that paperwork can be downloaded from numerous sites inc this one, or come from lowells own filing cabinet and had your details inserted cut/paste in  any photo editing software..

 


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

 

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Shop direct ones, they were taken one form very other one form littlewoods , so what should I respond to them? As they gave me 14 days to respond to all 3 cca's. Thanks

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but neither tell you that [very/littlewoods nor the agreement no's..so what proof is there either are compliant or real ..none..

where the cap1 CCA?

 

no you don't respond either

next move is not yours.


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

 

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Please see attachment pdf3, thats for cap1. Thanks

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worthy a read

 

 


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

 

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Thanks DX, I will have a look there, appreciate your time

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Hi Dx, I received paperwork from court, which gives me 33 days to submit my defence, right?

 

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please complete this:

 

 


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

 

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Hi, Dx

 

Sorry for late reply, I was out of country for a week.

 

1. Lowell Portfolio LTD


2.16.01.2020


3.1)The Claim comprises the following Agreements the Defendant entered into:
a.Shop direct financial services with reference xxxxxxxx and current balance of 762.05
b. Shop direct financial services with reference xxxxxxx and current balance 800.65
c. Capital one (europe) plc with reference number xxxxxxxxxxxxxxx and current balance 324.45
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And claimant claims:
a)The total of said sums being 1887.15

b)interest pursuant to s69 county courts act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, but limited to one year being 143.59
c)costs

 

What is the total value of the claim?2030.74 + court fee and legal representatives cost

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?I was in and out of country but lived same address all the time.

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?CC and catalogue

 

When did you enter into the original agreement before or after April 2007 ?After

 

Do you recall how you entered into the agreement...On line /In branch/By post ?Online, never physically signed anything.

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Most likely

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Account has been assigned to the Debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Cant remember that.

 

Did you receive a Default Notice from the original creditor?Cant remember that too.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?
Not sure

 

Why did you cease payments?Had problems back home, still having them, so have to live between 2 countries,was sending money back home, then missed payments and couldnt get on track after that.

 

What was the date of your last payment?Cant remember about 2 years ago.

 

Was there a dispute with the original creditor that remains unresolved?No, all of them sold it to debt purchaser.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No

 

 

**************

 

I will send CCA and CPR requests tomorrow, or latest monday morning, should I use  first class recorded delivery or should I use normal delivery ?

 

Thanks in advance!

 

 

Also  AoS has been done, so I am going through forum here looking for some good information to fill my defence

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thread in post 16 a good place to read.

 

don't miss your defence filing date no matter what!!

 

i'd use recorded as yo only have 22 days left..

 

only send CPR unless there is a CCA request outstanding from the PAPLOC run on one of the account s

there is no need to repeat CCA's if they have already had one for each and replied to each


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

 

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Hi Dx,

 So lowell solicitors responded to my cpr request, but the only thing they returned to me are  exactly same agreements as I received from lowell earlier this year.

But they havent  provided me other documents I requested on CPR.

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well you need to be getting your defence based on our std no paperwork / holding defence ready to file for tues 4pm.

 

dx

 


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

 

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Hi Dx, I am very late with my defence as I am due to be moving to Canada and the end of this year, so trying to sort out visas ant all paperwork required for my family and myself, really  didn't had much time  for this, please could you have a look if that looks ok or not.

 

Particulars of Claim

1)      The Claim comprises the following agreements the defendant entered into:

a.      Shop Direct financial services with reference xxxxxxxxx and current balance of £762.05

b.      Shop Direct financial services with reference xxxxxxxxxx and current balance £800.65

c.      Capital one (Europe) plc with reference xxxxxxxxxxxxxxxxxxxxx and current balance of £324.45

 

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

And the claimant claims

a) The total of the said sums being £1887.15

b) Interest pursuant to s.69 County courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £143.59

c) Costs

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 c. is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant by way of a CPR 31.14 Request on 28th January 2020. 

 

2.  Paragraphs 1 a & b  are noted. I have had catalogue agreements in the past with various companies.  However, I do not recognise the account numbers or outstanding balances referred to by the claimant.  I have requested clarity by way of a CPR 31.14 request on xxxx January 2020.

 

3.  I have not received Default Notices from any the above original creditors.

 

4.  I am unaware of any legal assignments or Notice of Assignments allegedly served for any of the above creditors.

 

5. Having made requests for copies of each agreement referred to within its particulars by way of a section 78. request pursuant to CCA1974 the claimant has responded with various copies of reconstituted agreements and random terms and conditions which appear to be unconnected. Some are void of or contain different agreement numbers to which the claimant refers to within it particulars .Some are void of the required prescribed terms and lack proof or clarity to which were manual or online applications etc. with the necessary  on line verification tick box confirmation of what IP address was used. Some request that the agreement be detached and signed and returned for execution.

 

It is therefore denied that the claimant has fully complied with my requests and what has been disclosed is the actual executed copy of the agreements relied upon. It is my understanding that the claimant remains in default and prevented from enforcing the agreements that it refers to within its particulars of claim.

 

 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, for the above four agreements referred to, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into the various agreements; and

(b) show how the Defendant has reached the amounts claimed for; and

(c) Show and evidence the nature of breach and service of each Default Notice for the above 4 agreements pursuant to sec87 (1) CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

8.  As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

                       

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of The Consumer Credit Act 1974.

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

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looks ok as its based on andyorch's one here

 

 

 

but let andy check it 1st

you should get away with being late as your are a LiP.

 

dx

 


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

 

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