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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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penmarine

PRA Old HBOS Aqua Card Debt

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Afternoon Caggers, got the wife's DSAR info back from Aqua/HBOS.

I am curious if anyone else has ever DSAR'd Aqua and not received all the information that they held on them.

 

I'm missing the DN and termination notice they've sent me previously,

they didn't send me a CCA (I do have one but not from my DSAR) or any letters that I've sent on behalf of the wife for the past few years.

 

What they have sent me is a copy of all the monthly statements,

a print off of communications from their computers and a couple of other bits.

 

I'm sure they should have sent the DN, termination letter, CCA and the letters i've sent them.

 

Am I correct in thinking this?

The 40 day point is up soon so I was going to put the account into dispute until i've got all the information

. I was also going to inform them I would be writing to the ICO to complain as they have not adhered to the law of the DPA.

 

Also when claiming back charges there is an overlimit fee of £12 and a late payment fee of £12 can these be both reclaimed?

Any help much appreciated. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Answers to a few of your Q's PM.

 

Any and ALL fees can be reclaimed, the 'brokerage fee' I am not sure of, but it does sound like something that could be claimed back.

 

What are the dates of the defaults on the credit file? They only have a 6 year life before they will auto drop off the file, so if any of them are nearing the end of their life probably best left alone IMO, unless of course your needing credit or are needing higher SY clearance.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi there, to cut a long story short, I've got all my DSAR info from Aqua.

I've worked out my claim with the interest calculator and picked the template letter 2 from the library to send off.

 

My questions are:

On the interest calculator I used the interest being used on the card of 39.95%, is this the interest level to use as it is more than the actual charges I'm trying to claim back?

 

Have I used the correct template letter from the library it starts as follows:

 

"I now understand that the regime of fees xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Consumer regulations."

It's just so I can get the letter off for the wife in the morning to the complaints department for process.

Ta PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Have anyone tried to reclaim charges from Aqua,

I put a letter in for the wife reclaiming the £12 admin charges and default charges but I've been seen off and Aqua have sent a letter saying the £12 is fair (reply below).

 

Now I've read somewhere again that the £12 was a guide price, but I was thinking under COBS could this not be challenged as I don't think it costs the creditor £12 to send out a secondary letter to say your later with this months installment and then another £12 to say you've defaulted aswell.

 

Can you use COBS as an argument that the charges are not proportionate and thus unfair?

The letter is Aqua's final say on my complaint and sent me straight to the FOS with it, which I will do.

 

As they are still throwing interest and charges on when the account was defaulted and closed in December 2011.

I think they have forgotten this and think I'm under the impression I haven't got the DN or closure letter.

 

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120407-Aqua_Complaint_Reply_Pg_1.jpg

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120407-Aqua_Complaint_Reply_Pg_2.jpg

 

Any thoughts much appreciated, as I think Aqua are using smoke and mirrors to put me off going any further. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Evening all, I know a DN can be reissued but you surely cannot have the same account terminated/closed twice?

 

I ask as Aqua are trying to do it,

I don't think they realise they've already terminated the account,

DN'd and reported it to the CRAs.

 

I'm waiting on the 7 day notice they've given me to reply (I'm not) to see whatever they send as I'm in my 6 month period for putting an unfair charges refund into the FOS, this would just be more fuel for the fire.

 

Ta PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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OK PM, sorry not been about, been busy swanning it abroad for a few weeks, but back to business!!

 

OK, the letter you received, is partly computer niff naff and trivia, and partly a human response IMO...However, the BS about the £12 charges they have added to your account can be ignored, if they will not refund them, then work out exactly how much extra charges they have added on, and the exact physical amount you owe, and pay up to that amount and nothing more, they WILL NOT go to court for unpaid (unfair) bank charges.

 

As for the DN issue, I think I am right in thinking (?) that once the account has been terminated that is it, they can't magically bring it back to life to terminate it a second time (although I will do some research and wait for others to advise first)

 

Also, as the account has been terminated, then NO further interest or charges can be applied, as their is NO agreement/contract in force, they have terminated it, so if you have the Term. letter, and it is dated, then that will aid your calculations and work out what you physically owe them.

 

So apart from the letter you posted above, what else have they sent you?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB, the only other things they have sent from Aqua is the monthly statement (to the BFPO address), few more letters from Albion which have now stopped and the new termination letter (I will scan it tonight sometime, I'm just about to have some nosebag).

 

I'd already worked out from charges starting to termination of account the charges plus interest, hence the referral from them to the FOS to make a decision. The charges plus their equivalent interest was more than the wife had spent on the card in the first place.

 

I'll drag it out for years if I have to.

 

BB see below link for the letter that Aqua had sent the better half.

 

I have to say Aqua are confusing me, as they've already put a marker on her credit file with a DN dated in Dec 11.

 

On an earlier post I've already put up the original DN and closure of account letter.

If they've already DN'd and closed the account why are they trying to do it again?

 

As I'm sure that they cannot close the account for a second time on the same account.

 

I'm also in the process of putting an unfair charges complaint to the FOS aswell for the better half.

I'm just wondering if I should include that they are also trying to terminate the account for a second time and that even though I have CCA/SAR'd Aqua from our UK address (to which they have been writing to in regard to the complaint) when it comes to sending monthly statements and the linked letter below they keep sending the info to our old BFPO number?? Can I include this as part of my complaint to FOS?

 

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120328-2ND_NOTICE_OF_TERMINATION_ACCOUNT.jpg


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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When you scan it up PM I'll have a butchers...probably standard template dross..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Caggers

It's been a very long time since being on here. 

 

My query relates an old Aqua debt for the better half. 

We were making token payments to PRA for a good 6/7 years. 

 

After a bit of email tennis with PRA, I was checking the old aqua paperwork I hold and I've realised that the default amount that was originally passed onto the first DCA is different by approx £250 to PRA.

 

Whilst I acknowledge the debt is enforceable not to PRA I must say,

can I force PRA to give a full break down of interest added etc since the original DN so I can see what the £250 covers. 

 

I still have all the original CCA requests and responses (thankfully), original DN, notification of account closure, notice of assignment to first DCA etc. 

I'm happy to pay what is owed just the correct amount.

Thanks PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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is this your OH's RBS card debt from yonks ago?
 


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

 

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3 minutes ago, dx100uk said:

is this your OH's RBS card debt from yonks ago?
 

Hi DX

 

Its Aqua, think they used to be owned by bank of Scotland and yes its yonks ago


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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no hbos

 

halifax..

 

im concerned bar a few old posts ive merged here from your old dmp plan thread

that you let this get sold on without a new cca request

assuming the agreement is enforceable 

and have blindly been paying a dca?

 

send them a new cca request.

 

dx
 


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

 

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Hi DX,

I've CCA'd PRA and got a

copy of a reconstructed credit agreement with no signature,

notice of assignment

and copy of payments made.

 

I know the debt is enforceable because the original agreement was signed in Dec 07,

they changed the rules a couple of months earlier regarding agreements being reconstructed.

 

I'm wondering whether I should send a SAR request to them for a full breakdown of charges as i know the OH doesnt as much as they claim.

 


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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scan up all the CCA return?

one multipage PDF

read upload carefully


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

 

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DX  this is what I got back from my request. I know the agreement states new day and it wasn't them originally and there is no signature block either. Thoughts would be appreciated, think I've pf's them right. PM

PRA Aqua CCA response.pdf


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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that's crap

and are the templates she WOULD have gotten if she'd signed up with newday in the 1st place

however she didn't

 

should be from HBOS  nd it most certainly NOT what they used as you'll see on here if you look for HBOS aqua card sign ups from other threads here

 

sorry who ever told you that was enforceable wants shooting

another clue is progressive credit, they never ever handled anything bar lemon debts.

 

she should have stopped paying 8yrs ago.

all she's done is pay for their drinks and holidays on the free money she has been giving them

 

cash cowed blind


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

 

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So do you recommend I go back to them with account in dispute letter until the correct agreement is sent, I'll know when it does as I have a copy.  I thought it was enforceable originally as the card was taken out after a change in ruling on reconstituted credit agreements around September 2007ish, maybe I've shot myself in the foot for the OH. I'm open to dragging this one out!!!


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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