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    • 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.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Last year I bought a day return ticket thinking it was an open return. 

Got on the train the next day, got stopped and didn't have enough money to purchase another one.

I was not issued with a penalty notice at the time, as the ticket inspector said that the case was to be 'reviewed'.

 

A few months later, I had received nothing in the post about any penalty so I assumed it was dropped.

I moved out that accommodation (student) in August 2019, having received nothing about it up to that date.

 

Fast forward to now,

I have received a £450 Marston fine at my parent's home in a completely different city to where I currently live and study.

It says a "court order" has been made against me as I have not replied no any previous letters.

This is the first letter I have received about the case, I had no idea this was escalating.

 

The letter was dated 06/1/20, but I have just opened it upon returning from University.

In the letter it says i have 14 days to reply or pay, or an enforcement officer will be attending the property. I don't even live here! 

 

Is there anyway I can reduce this fine and stop bailiffs attending ?

I don't really know what to do

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It doesnt say on the letter, but i believe its Southern Rail, but its now been passed on to Swindon courts

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this has only happened because you moved.

you should have lots more letters inc one from SR about writing back with any mitigating circs.

 

I suggest you contact the prosecutions team stated on the letter and inform them about what has happened.

 

let me go read up as this , I believe you can appeal not sure.

 

what is letter from marstons entitled and what time limits does it give..Notice of enforcement p'haps with a £75 fee and 10 days response time ??

and now a sep letter hand delivered that mentions the addition of a £235 fee?

 

let us know what else you have please

 

dx

 


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

 

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Here you go..

read this one..

 

 


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

 

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Thanks for the reply. I have only received one letter. 

It states i owe £450.00, and it mentions I have 14 days to pay or contact discuss specific circumstances, or an enforcement agent will be visiting the property.

 

I read the thread you have posted, but unsure about some of the language.  

What would be the best thing to do?

 

I downloaded the Statuary Declaration form that was in the thread, but im not really sure what this means.

Do I fill this out and send it to the court and notify Marston im doing so ?

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yes AFAIK send to Swindon court

you can get the SD sworn at your local county court for free Monday.

 

what i'd do is ring Swindon court monday

tell them what you are doing and that you have not received noting prior to the one marstons letter.

they should arrange to sort marstons out.

 

can you scan it up to pdf 

read upload..

 

 

 


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

 

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Sorry i'm a bit confused. What, should I scan up - the Marston letter?

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yes please 

 

read upload carefully!!

 


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

 

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Aha devil is in the detail

they have no warrant of control for your present address so cant enforc e anything

 

read it carefully

 

Dx

 


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

 

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Sorry, I dont really understand this legal stuff - So they have no power to enforce at the address that this letter was sent to ?

 

So should I ignore this letter, and go directly through the courts?

 

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the warrant must have your correct address on it to be enforced via notice of enforcement etc etc

it doesn't so you didn't get the NoE...

 

hence how they try and cleverly tell you they about their mistake ion the wording of that letter

they know its wrong but hope you don't.

 

call Swindon court Monday as advised.


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

 

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Thank you for the help , I very much appreciate it.

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I rang Swindon , looks like it’s not a new case but one dating back to 2018.

This was one that was paid off in full in instalments. 

but the court states there’s  still £100 or so left on the account. 

 

I have a last payment on my bank statement, to martson,  equaling the amount stated by the court.

 

Where have marston pulled this £450 ponds from?!

Guess I wil have to ring them??

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who said it was ever a new case?

 

ask marstons for a breakdown of all payments to date and the DATE they were made

if you missed or were late then is sounds like they issued a NoE to your old address cause you didn't update them? (but equally didn't know too as you thought it settled) and then they have attended and added £325, £480  ...the balance of £310+about £100 owing, that sounds about right.

 

however it doesn't prove the warrant was issued to the correct address, so nulls the NoE etc etc. from being billed

 

again sort of says as much in their letter.

 

can you not also ask the court for a statement too?

 

dx

 

 

 


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

 

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