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    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the courts time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
    • I could also add... In a time where the nation has the least amount of trust in Government and their departments, whereby the taxpayers believe the Government is pretty much taking the p*ss out of residents left, right, and centre... HMRC is doing this..
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Lancashire County Council - Highways Act 1980 Section 154 Notice


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Hi,

I live on a main road in a property with a large garden. I received a Highways Act 1980 Section 154 notice from Lancashire County Council Highways Department dated 17th June which says trees overhanging the footway located on my property are interfering with the free passage of pedestrians (see attached LCC-Highways-17-06-22.pdf). It wants me to arrange the vegetation to be cut back within 14 days of the date of the letter and says it should be a minimum of 2.1m above the footway and 5.5m above the highway.

There are two pictures included which do show overhanging vegetation from my property. I don't feel these offer much in the way of 'evidence'. There are no dates - one is clearly earlier than the other due to the lack of leaves and neither has anything to show what level the offending vegetation is at.

The property is in a conservation area so permission is needed for any tree pruning, but I didn't know until I spoke to the local council that since this is effectively a legal notice served via an act of Parliament - I don't require permission. I've measured and my wall on the left of the pictures is 2.1m high. I keep the vegetation cut back level with the wall, therefore this doesn't actually breach the minimum stipulated? I've since taken images showing the height of the wall with a tape measure and cut back a bit extra plus some of the higher tree branches now I know I'm allowed to. As I believe that otherwise, Lancashire County Council could carry out the work and bill me for it.

I've researched the legislation and it seems to be designed to protect the public against danger, obstruction etc. for example if vegetation on a junction was preventing other road users from being seen, was forcing pedestrians into the road, they could hit their head on it etc. I'd like to know are Lancashire County Council abusing their statutory powers in this instance? seems very gung-ho? I've read that other councils go down the informal route before serving a Section 154 notice?

I also spoke to a couple of people locally, they believe I may have received this as there is a bus stop against my wall and bus drivers have not been stopping to let passengers off as they can't see it (first I've heard of this). I've looked at the bus stop and the sign appears to be in poor condition/vandalised. The side seen from driving up the road is black and coming off in one corner, it looks to have been hit from the opposite side (which is pretty much blank) and is tilted at an angle, see attached Bus-Stop-Pictures-Jun-22.pdf.

Finally, I had a very similar Section 154 Notice in July 2019 (see attached LCC-Highways-09-07-18.pdf) but this time for the back street. I made a phone call to the name on the letter (no direct dial.. hmm) and sent an email:

 

- Letter referred to vegetation/hedge - but on the phone they said trees

- There were no pictures provided

- Didn't stipulate how much to cut back

- Gave me the name and address of the complainant (data breach)?

- The complaint was 'the trees are touching telephone wires and blocking sunlight for periods of the day'

 

The icing on the cake was when they sent the pictures - they were for trees belonging to another property 80m away. When I informed them of this they wanted my help to establish the owner of the vegetation.. the cheek! Due to life events at the time I dropped it but was obviously fuming!

Thanks in advance,
chaoticj

 

LCC-Highways-17-06-22.pdf Bus-Stop-Pictures-Jun-22.pdf LCC-Highways-09-07-19.pdf

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could it be that the vegetation is preventing the busses from stopping without hitting them as they swing in to the bus stop?

 

i had a similar 154 many years ago in an old property and the complaint originated from the bus company as they were using new higher vehicles but of course was made to the council as they are responsible for the highways inc the pavement upto your property boundary

 

might be worthy to investigate that route?

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Presumably the tree shown in the photos is yours? 

 

Wouldn't it be better for you to cut back the tree(s) yourself to the height required rather than let LCC do the work and bill you for it? I bet LCC's bill will more than you could get it done for yourself.

 

Just guessing here, but it seems unlikely the bus drivers can't see the bus stop sign and don't know where to stop. More likely if they don't stop it's because the overhanging tree branches would hit the bus if they pulled in, especially if it's double decker buses on the route.

 

Sorry, but I can't see how what happened in 2019 is relevant.

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Hi @dx100uk I have seen plenty of buses stop @Ethel Street I think it's possible a double decker could come into slight contact with some of the higher branches, but until now I was under the impression I couldn't prune anything without permission from the local council.

I've actually pruned just above the height of the wall which is the minimum 2.1m for above the pavement and got on a ladder with my telescopic tree pruners and attempted to cut the minimum 5.5m above the road - that was the tricky part. But yes, I'd much rather do it myself and not get billed.

I'll get in touch with Lancashire County Council Highways to let them know I've complied and seek a bit of clarification on the exact issue. I was really interested to know whether they are abusing their statutory powers sending these 'form letter' notices, that's why I provided the previous 2019 example - as in fact it wasn't even my vegetation that had been complained about!

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:rockon:

  • Confused 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for update.

 

I can't think of a reason why LCC could be abusing their statutory powers. There seems to be no requirement in law or guidance for them to make an informal approach before issuing a formal s154 notice.

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