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    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
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    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
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CatLover64 v HSBC


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If it hasn't yet been transferred you'll not be able to quote a Claim no. that the court will recognise, so they'll only be able to give you rough estimates at best.

I'd say wait until you get notice of transfer ,then ring them.

One step at a time in this game, Catlover ;) Softly, softly, etc.etc.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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A quick update. Got another call from Collections yesterday. I'm so sick of these people. Can they read and comprehend what has been written? Do they EVER check their records? Anyway, went through it all again, told them as recently as the day before I had spoken to them about it, blah, blah, blah, yadda, yadda. Sent an e-message to them Weds pm to which I got a reply today, saying the same rubbish. Have also sent a snot-a-gram fax again pointing out there is a request outstanding, and once this is resolved, then will turn attention to the O/D.

 

I had to laugh - the girl even asked me if I could keep THEM (Collections) posted about my status. I forcibly told her HSBC should be the ones keeping ME updated.:mad:

 

Am so p****d off with them, can't even be arsed to tell them it's now gone to court. Doubtless they'll ignore that as they have everything else...

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Hi Cat,

Hold your head up high!

I feel they proberbly are aware of whats going on with the court thing, isnt there a letter template somewhere for harassment not sure but think I seen something about this somewhere???

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Thanks Sharon - I see things have moved on for you too. Hopefully, the very nice people at DG will see that you're for real and will hand over lots of dosh very soon! :D

 

The latest from me - Got a letter from the court yesterday. To no-one's great surprise HSBC have indicated they will defend. I have the letter ready to go to DG tomorrow am with a 1st class recorded stamp on it, to which will be attached my charges to date.

 

I guess all I can do now is wait....Taking a lesson from my cat who's stretched out in the garden sunbathing. He hasn't moved all day, except to wander in to eat & drink!

 

So -I'm going back to the garden to relax with my lunch and a glass of Rioja now! :)

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Anyone seen this?

http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html

At what point can we use it against the banks??

 

Meanwhile - HSBC have 28 days to defend. I make that 9th July (28 calendar days). Would that be right?

 

I've sent them a list of my charges which I know was received today, and also understand that DG work in strict date order for settlement. Is that date filed at court order, or date of service? Bearing all that in mind, I don't think it's worth sending nudges or calling until a month's gone by...

 

What does everyone think? :)

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:rolleyes:

Anyone seen this?

http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html

At what point can we use it against the banks??

 

Meanwhile - HSBC have 28 days to defend. I make that 9th July (28 calendar days). Would that be right?

 

I've sent them a list of my charges which I know was received today, and also understand that DG work in strict date order for settlement. Is that date filed at court order, or date of service? Bearing all that in mind, I don't think it's worth sending nudges or calling until a month's gone by...

 

What does everyone think? :)

 

Hi - am bumping this in the hope of a reply...But spoke to MCOL this am, who have said 9th July is the 28 day deadline. So am fine with that.

 

But - am looking for some advice on the other questions. Also - is it midnight on the 9th I can press the button, or early the next day? :rolleyes: . And should I check with MCOL first to see if defence has been entered?

 

TIA :)

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you just need to wait out the 28 days. not sure what time the deadline occurs but they'll more than likely file their defence at the last moment. you'd need to check the mcol site if you went to press the button anyway & it wont let you if theyve defended.

 

Looks like DG are settling on those cases where a court bundle deadline / court date have forced them to act. Dont think it depends on the filing date as the local courts are dealing with cases differently & timescales are not all the same.

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Hey catlover, i'm frustratingly past your stage - HSBC never even acknowledged my MCOL claim (issued 14th May)and have not filed a defence, so i issued notice of default and sent them and DG (even though i've never heard fom them) letting them know my situation and that if they do not reply in 7 days i will execute the warrant for judgement!

 

I am now at that stage today, very apprehensive to do it at this as no one has been able to offer any advice for someone in this situation!

 

I think i have no other option but to go ahead and issue the warrant!!

 

I just hope i'm dong the right thing now

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Hey catlover, i'm frustratingly past your stage - HSBC never even acknowledged my MCOL claim (issued 14th May)and have not filed a defence, so i issued notice of default and sent them and DG (even though i've never heard fom them) letting them know my situation and that if they do not reply in 7 days i will execute the warrant for judgement!

 

I am now at that stage today, very apprehensive to do it at this as no one has been able to offer any advice for someone in this situation!

 

I think i have no other option but to go ahead and issue the warrant!!

 

I just hope i'm dong the right thing now

 

What are you waiting for? Get that warrant issued!

 

In the words of Clint Eastwood - Go ahead punk. make my day! :D

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Just never had no replies as to where this will take me, hopefully laughing all the way to the bank.

 

I would hope this means i will get the full amount i have fought for, it just confused me as every one else's threads i have read have followed the same path of HSBC filing defense at last minute.

 

Good Luck anyway, will keep tabs on how you get on;)

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  • 3 weeks later...

OK - defence has now gone in via MCOL. :mad: Bank disputing whole amount claimed. I take it this is normal, and I now have to wait for transfer of case to local court...

 

Can anyone confirm and tell me the next steps?

 

Thanks!

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Thanks Freaky! Would have replied sooner, but having tech problems... Got an offer of £3500 from HSBC yesterday. They've struck out a couple of my entries as they are now over 6 yrs old. (They weren't when I started my claim!). Of course, it didn't include the interest or my court fees and I suspect DG didn't tell them the case had gone to court and that it would be defended. Do I accept the money as part settlement and pursue the rest or should I reject the offer outright? Bit worried, as I see Yorkshire Bank have indicated they will put up a test case... Any help or advice would be brilliant! TIA :D

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You reject the offer as full and final but accept as part payment. There are letters for all scenarios in the rejection letters thread. I will post the link for you in a mo! Just hang in there and you will get your money. Dont worry abut the test case it won't change things for a while and initially it will only affect yorkshire bank claimants.

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OK - A quick update. Got letter from Northampton this morning transferring the case to Croydon, and apparently dispensing with the AQ. Read the defence, usual the charges are fair, I was aware of them as they were published, etc. I take it this is normal?

 

Anyway - called the court to ask if the fee should still be paid. I've been advised to wait until the paperwork is received from Croydon, then they will advise what's to be done next.

 

Should I start sending the nudges now? And at what point do I stipulate how the money should be paid?

 

TIA :D

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