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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.
    • please create your OWN topic by hitting create or + in the top red banner  
    • 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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Timesnow v Barclays **WON**


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Hi. Have been using the site for excellent advice and support for a while, but this is my first post so hope it works. Here goes.

 

Have a Q, but the brief story so far.

 

Already had necessary statements, so went straight to LBA (28 Jan), got 50% offer (28 Feb), refused (outright, didn't do partial settlement thing - hadn't read enough by then) and gave them 14 days etc, heard nothing so MCOL (24 Mar) Issued (26 Mar) Served (31 Mar) Aknowledged (13 Apr) Defended (27 Apr). Hope that's brief enough.

 

All seems 'par for course' so far. BUT...

 

Have now (as of 14th May) received court date (local to me - 4th July), an AQ having been 'dispensed with', and the County Court saying that the hearing will take no longer than 10 mins, and if parties attend it will be for directions only.

 

Anyone think this sounds particularly good or bad?

 

Don't think I've made any horrific mistakes ... defence goes on for a while but seems similar to what other people have received...

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Is point 1 of the defence that the claim is summary in nature and that precise details of charges has not been given ... if so send an updated SOC to both the bank and the court with a covering note

Then i would contact B's litigation team on the pretext of finding out who is dealing with your claim ... the mood that they have been in the past week or so the might discuss settlement with you ....... Below is the contact details for Krysta Campbell

 

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

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Thanks Saintly_1.

 

Defence starts very much along those lines. Have sent at least 2 copies of charges to Barclays (with precise dates and amounts and interest accruing on each charge etc...) along with a set to MCOL. Didn't do registered post though - but they must have got 1st set coz they responded to that letter. Eventually.

 

Thanks for contact. Will give it a go. And will send another SOC. (reg'd)

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Just thinking through 1 or 2 things...

 

May have made a mistake. Initially followed advice on MSE website. He says go ahead and claim statutory interest from the outset, so my initial letters / SOCs included the 8% column. Don't know what consequences this may have. Anyone any ideas? So when sending another SOC (see above) should I leave out interest all together, include it up to date of claim or include it up til now....?

 

In spreadsheeet, is it OK to call charges (under "In respect of") Paid Referral Fee - coz that's what they are called an my statements. It doesn't say whether the charges are for clearing cheques or honouring DDs or anything else.

 

Sorry for Qs - now I have a court date, starting to feel a bit uneasy.

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ditto to saintly,

 

Ref sending in S69 interest from beginning, dont worry this will have no effect on your claim, just make sure you check before sending any future correspondence.

Guys on here are brilliant, if you have a problem it will more or less be answered within 10 mins, very little time to hold off sending that important letter and get it checked first.

 

more and more people are losing their claims cos theyre doing silly things wrong......Dont be one of them.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks Saintly..

 

With the repeat SOC thing - sorry still not sure. Have re-done it on this site's spreadsheet, but should I send one which has interest updated for today's date, or one which matches the one sent on the day the claim was issued?

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Hi, I have sent an updated one with that days date on it so they can see the accumulation of interest! Let us know how the phone call goes but I wouldn't be surprised if they don't forget you - they are so busy. I have had to chase to get a response everytime. give them until 12.00 and then give them a call and say you are just chasing a response which was due at 11. Good luck.

 

Karenann

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Phoned them back (all on pretext of finding out who's handling my case). Krysta C just gave me the bloke's name and number. Nothing more exciting than that. (she asked if there was anything I needed to talk to him about there and then..??)

 

Don't know if now's the right time to make an approach - most people seem to say wait for them to make the first move. Hmmmm.

 

Think I'll send latest SOC to him and to legal person on defence form anyway. Sound OK anyone?

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I would give him a call and give him all your details i.e. court date, Judge etc and ask if he is prepared to talk about a settlement. He may say that it is a bit early and they will come back to you in a few weeks or they may settle there and then. Worth a go though

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What a nice chap! Asked for court date. Said he'll send a settlement letter couple of weeks before that and if I agree amount etc will credit account.

 

Yippee I guess???

 

Still gonna get court bundle etc together just in case.

 

Thanks for the advice Karenann. May have saved a lot of time, effort (and my nerves!!)

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Well done - make sure you chase them if you don't hear when they say because they do tend to forget you.

 

Hope all goes well - let us know when you hear anything further.

 

Karenann

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  • 4 weeks later...

Hi all. Just a quick update - and a happy one. Phoned lit team to remind them of soonish court date. They were vv helpful. I emailed up to date charges, they faxed me an agreement form, faxed it back, funds transferred same day. Sorted!!

 

Thanks v much to site (donation on way) particularly karenann and saintly for the advice to contact Bs direct.

 

Keep up the good work. Will continue to watch with interest may even pluck up courage to advise someone else.

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Well Done Timesnow - Great result:D

 

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Sorry - nipped out. (Not spending - yet). Will have a quiet :wink: cel. at some point.

 

Thanks again everyone. Hope it goes straightforwardly (is that a word?) for everyone else.

 

Cheers

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