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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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Moneybarn - Return of Goods Order Suspended By Consent Order

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just to make it perfectly clear as you keep mentioning them and the explanation is not sinking in as above you have lumped them in with bailiffs...

 

recovery agents with a flatbed or WHY

IS NOT AND NEVER CAN BE A BAILIFF 

recovery agents won't and will NEVER be instructed by a court to operate upon their behalf

recovery agents have absolutely zero legal powers to take any car at anytime without your consent which you do not ever have to give.

the only time a recovery agent might grab a car is if it is left on a public road but in YOUR case they can't its subject to suspended return of goods order covered by consent order. that would result in a court bailiff being appointed should you fail the meet the consent order, but again you would be notified first. even then bailiff cant just rockup in this instance and take your car.

 

now it would help you and another posters that came here at 2am if you could scan up your consent order and the court ROG too please


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

 

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Wow, thanks for your advice and information its defo been taken on board this time.

I will scan up my info when I get home soon.

 

I feel a bit at ease now you have confirmed things.

 

The order does in fact state

'Money claim adjoured generally with liberty to restore'

 

Which I assume means (please do not shout at me if im incorrect in my assumption, but any correction will be duly noted) the claim is suspended but the claimant (Moneybarn) can submit an application for another hearing to reinstate the claim. 

 

 

consent order 3pgs -1-compressed.pdf

 

 

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no as already explained ..

they would have to return to court and request enforcement by COURT BAILLIFFS if you broke the consent order you signed to suspend the delivery of goods judgement.

 

but ofcourse we now know,

the default notice they used to terminate the agreement [that you never saw] was invalid

- it included an £18 fee for its issuance - that is against sec 87 CCA rules,

 

it also looks like they

-terminated within the 14 calendar days they must give to allow you rectify whatever they claim you need to pay on the DN, - again against sec 87 CCA rules.

 

at present you are awaiting anymore evidence of any more bullet holds in their feet to complete the picture - via an sar.

 

the consent order was for £14,140.48, they cant add anything more, they cant add any charges for anything more

 

i would use an excel spreadsheet and its calendar mode.

insert a date column listing the 16th of each month from 16/5/17 for 54 months.

then insert the required payment for each month from the court judgement list

then insert your payments on the dates you made them.

 

that way you can check if they are correct and there ARE arrears, if that is true, then you have an increased risk of line 2 of this post.

 

however as moneybarn make up their own rules

and i doubt are stupid enough to return to court as i suspect they know their DN/termination was unlawful

will keep quiet.

 

...

 

i must say and more to warn future readers - never ever blindly agree to a consent order or a voluntary surrender go for a voluntary termination if you don't want the car or a time order if you do.

DONT fall for the kind of rubbish moneybarn write regarding costs etc don't get had blind. 

 

 

 


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

 

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Thanks so much I appreciate your advice and thankfull for your knowledge,  i will create the spreadsheet as advised and wait to receive my data.

 

Im so glad you said they terminated early as I had a feeling things were not right when they hadnt even sent a notice regarding the termination, up until that point I had contacted them they then sent the letter to inform me.

 

As soon as I get the info off them ill be back on with news.

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Well until we get the proof of the DN Data


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

 

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OH dear,

I have been incorrectly checking my payments to the balance owing on my account 

 

after creating the spreadsheet you recommemded it was apparent and I could see exactly what the confusion has been on my part but with Moneybarn playing a part too.

 

The statement they send out has payments that I have made in total at the bottom, but it also includes the £530.00 I paid in Feb & Mar of the year they terminated.

 

when they added their charges and court costs to the account the starting balance is slightly short of the original balance,

this is what has been misleading to me and I truly believed I was up to date, due to the statement giving me the impression of I was up to date.  

 

I do not understand why Moneybarn could not explain the account and show me how or why I am £551.00 behind when I have queried this constantly with them for 12 months plus.

 

I dont know what my next move is,

they said I have to pay the arrears by 12/12/19, but theres no chance I can,

Ive got this month due on 16/12/19 to pay which will be paid. 

 

They have until 24/12/19 to comply with my SAR request.

 

Should I email them to explain why I have been incorrectly calculating my account?

Should I offer to pay the arrears off with my monthly payment?

 

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pers i'd let this run

moneybarn must return to court to restore the ROG and you'll be informed if they do.

then the fun begins


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

 

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Ok ill sit tight and wait,  thanks

 

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I received my data today, very confusing at first glance

some abbreviations I don’t understand

but one thing is clear they have no regards for court orders and do fabricate a lot of the information.

 

They enclosed a default sums notice dated 15/01/17 in connection it states to a failed DD on 10/01/17 (no direct debit was in place) it appears not to have been generated on the system as there is nothing on the account for this date.

on 18/01/17 an entry was made to state – A default sums letter has been printed.

 

8/02/17  activity – letter /  subject – Notice of Arrears Sums / comments – A notice of arrears letter has been printed.

This was the letter received with 2 copies of the same letter and post marked 10/02/17.


state there had been a lot of failed attempts by phone to contact me (none im aware of).

 

On 10/2/17 an entry states activity- system generated /subject-Default Notice served charge/comments-Default notice served has incurred a charge of £18.


The next  entry: activity- system generated/subject-attempted to contact customer/comments-contact attempt 1(collections)

Default Notice/notes- arrears £535.64 letter sent: 10/02/17 letter expiry date: 02/03/17.


I will upload a copy of the default notice they have enclosed alleging it was sent on 10/02/17, but this is the first time I have seen it and I unless Im reading it wrong they mention a charge raised for the default but no mention of a letter printed etc.

It Includes added charges but the worse of it is the charges it includes were not even sent to until around 15th as there is an entry dated 15/02/17 activity- letter/ subject- default sums letter/comments- a default sums letter has been printed.

The copy enclosed is dated 15/02/17 and is in relation to the following default sum been charged

 

10/02/17 DN served £18


08/02/17 DD failure £18


On 2/3/17 they terminated the agreement but never sent me any termination notice, this was only received after my call to them on 8/3/17, which I made due to emailing them on 7th at 0731am, regarding the account, and receiving a reply at 1650pm to give them a call as my contract was terminated.

 

In the meantime that day they had sent their recovery agents my details to recover the vehicle.

They even lied in the paperwork sent to the recovery agents.


I think maybe the fee for recovery agent is lurking on my account, when they cancelled the recovery it states on the note to them, bill this account £300.


claim to have issued a DN which also includes additional charges but the entry informs the charges were notified on a letter after the DN issued.

 

They termination 2/3/17, which even if I had received the DN is earlier than the 14 days requirement.

I had also made an £80 payment on the morning of 2/3/17.


 

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scan up the letters

the comms log

the statements

 

to 3 sep multipage PDFS

 

dx

 


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

 

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Sorry for delay 

 

The comns log is over 70 pages, shall I scan the relevant pages for the interim and if you need any further parts I can scan them later on 

 

The comms log is in total 71 pages, do you need all of it or just the relevant parts to begin with

 

Whatever would be the better option for you, if im sending it direct to you, do I have to blank everything out

 

 

 

 

statement_4_pages-12-15_23-18-55_(1).pdf letters.pdf

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opps looks like DN is defective and void

 

statements too please also I pager is missing?

 

comms log??

I must be able to READ IT!!

 

sorry everypage of the comms log and so I can read it.

if you want ....forget redacting ...just copy it to me via a secure email ad I can give or PM it to me.

 

if we are going in for the kill and potentially getting you £8332 + ether the car or monetary value back too , lets do it properly.

 

dx

 


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

 

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scan at a low resolution...

150dpi or less

a page of A4 text shouldn't be anything more than 50kb most not 1.5Mb each page.

have a break for now 

i'm awaiting an answer from someone about this anyway. 

 

it might be the tomlin trumps the agreement anyway.

 


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

 

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Surely the consent order should not trump it though, as that was only agreed to on the back end of the action by Moneybarn  in the first instance, issuing the DN, adding extra charges that were incorrect and terminating earlier than the stated 14 days, that would also of been in their favour and beneficial to them to terminate. 

 

I will scan up the com log today for you, do I need to blank everything off thats referenced to myself?

 

Thank you for your advice and help its greatly appreciated , I will donate to the site this week regardless of the outcome to my issue, as its the least I could do this sites helped me with other issues.

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question needs answering - do you want to keep the car?

one option might be VT here whereby all you'll pay is upto 50% mark but ofcourse you'll have to hand it back.

just musing for the minute.

 

need that comms log

unredated to my PM is ok

I can redact easy.

 


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

 

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Well it would be nice to keep the car and if possible get something back from them if they've done me wrong. 

If VT was the only option in getting rid of Moneybarn as ive paid over 50% would they refund difference, but wouldnt they be entitled to the rest under the consent order..

 

In process of scanning the log 

 

Thanks 

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you would negotiate vt and wipe everything else out.

no you wouldn't get anything back.

 

scan the agreement up sometime too. we don't know why its a conditional sale agreement, there could be a clause you have not met.

but then again, neither have they abided by it re the DN!! and unlawful termination

 

i'm not 100% sure you've physically met the 50% mark which will be on the back of the agreement.

 

 


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

 

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The comms log is all scanned but the file is to big, and ive compressed a version of it but the quality is then rubbish, so if you dont mind waiting till tomorrow as ive emailed the pdf to myself at work to sort it out in morning first thing then ill send it o you, want to make sure the pages are all readable as I have scanned them using a mobile scanner, not the quickest way took me a few hours, but gets the job done. Im uploading the agreement in the meantime.

 

Sorry for delay 

comms+statements.pdf MB conditional sales Agreement.pdf DN.pdf letters.pdf

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all docs are now in above post

the comms log is very interesting indeed

needs further sifting thru

but its shows how MB totally forget VT when offering options upon what the customer can do.

which if the only complaint to be made to whomever needs doing.

 

 

 

more later 

 

 

dx


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

 

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Thank you very much for your time its appreciated

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can I have by PM pages 9-11

the file you sent under that label was a rpt of 12-14.

 

dx

 


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

 

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Good afternoon, I know you are busy on this site and there are indeed more urgent pressing posts that need your immediate attention but I was wondering if there is anything I should be pressing on with or should have already done with regards to my MB issue?

Have you any preliminary thoughts, issues found or any ideas on how to proceed from reading the Comms log and other docs?

 

Thanking you in advance.

 

 

 

 

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haven't forgotten this

was working on it last night.

 

dx

 


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

 

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Thanks, I wasnt hassling at all I just dont want you to think I was sitting back doing nothing, I appreciate the time you find to work on this issue and will be ready for any input I am advised to proceed with.

 

Thanks again.

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the info is a goldmine and not only useful to you.

it's really appalling how they have treated customers and some of the disclosures in you comms log reveal what we've known all along...it's obviously hysterick at moneybarn.


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

 

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