consumer forums consumerforums Total Bank Charges Returned : £16595128 to 9717 people. The Consumer Forums  
Bank Charges Refunds Survey | Bank Charges Survey Results | 'Buddy' System | Get an email address | Site Map | Registration Problems | FAQ


CAG Products - We think that these will help you to make your claim or Reclaim your Right

These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit Small Claims Court Guide CallBurner - Skype
CallRecorder Review
Last Will & Testament Kit Fight a Motoring Ticket
 
Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here.


UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki

N.B. Please note - due to postage costs these products are only available in the U.K.



Consumer Action Group envelope labels
You are part of a community of over 185,000 people.
Let your bank know that you won't give in.
Display one of our labels on your envelopes.
Full description here
Sheet of 20 self-adhesive envelope labels
£3.50 inc p&p





Reclaim the Right!
The Lawpack Small Claims Kit contains everything you need to get your bank charges refund. Sample forms, Instruction manual, template forms and an entire set of court forms in .PDF format on CDRom.

Just type in the details of your claim and print them out.


Reclaim the Right!


Sue your bank as often as you like with one Lawpack!!

With a Lawpack and Patricia Pearl’s book on Small Claims, you have everything you need to get your unfair bank charges refunded or assert other consumer rights.
(England & Wales only)

CAG Forum Users Price £11.99
(click image to buy)
Plus £1 P&P



Reclaim the Right!


Small Claims Procedure by Judge Patricia Pearl
An excellent guide for the layperson
Not for use in Scotland
Read BF's Review Here




Stand up to Telephone Harassment

If you use Skype -
Record your phone calls with CallBurner
It's Hot!

Click below to download your
14 day trial copy
CallBurner
Skype CallRecorder download


Read the
Explanation and review here
£31.96 - includes 20% CAG discount
(normally £39.95)

We've managed to negotiate a discount for CAG Users on DIY 'Willpacks'


Click on the image to purchase a Wills kit - £12.99 + £1.00 pp

Remember...you can't take your reclaimed bank charges with you ;-)



Do your Internet search here



Your Internet search-box

Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road London NW11 7PE
Do your Internet search here:-

Your Internet searchbox




Come and chat with us here (NB: External site NOT affiliated with CAG)

  CAG Announcements
 
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ. You will have to register before you can post. To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old?
This may be unfair
See our new Unfair Trading Guide
Bought an extended warranty?
Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
Are you a victim of unfair trading?
Check it out
The Consumer Protection from Unfair Trading Regs 2008
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
 
Bank Action Group Debt Action Group
 

Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Public transport (Trains, tubes and buses)

Public transport (Trains, tubes and buses) Have you been let down by public transport? Tell us about it here. Go one better and put in a claim for some proper compensation. You don't have to accept their travel vouchers. You can do better than that.


Welcome to The Consumer Action Group

and
The Bank Action Group


Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges.
We strongly suggest that you register under a UserID and not your own name

Reply
 
LinkBack Thread Tools
Old 3rd June 2008, 20:10   #1 (permalink)
JOSH_IOU
Platinum Account Customer
 
JOSH_IOU's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 1,861
JOSH_IOU NovitiateJOSH_IOU Novitiate
Default

Please start a thread of your own if you wish to report any developments.

If you do challaenge the tickets could you include copies of the letters you have recived in your thread.

Also could you include a link to your thread in this thread.

Cheers

JOSH_IOU


amend as necessary




Dear [name],

Please find enclosed a copy of the Penalty charge Letter Notice [insert reference number] which I received on [date]. It was issued by [name of company issuing ticket] on behalf of [train company] and is attempting to impose a 'Penalty Charge' of £XX (reduced to £XX if paid within XX days).

Upon checking Statute Law, I was surprised to find that [the train company], or its agents, appear to be attempting to extort money from me in an unlawful manner. Please find enclosed an extract of the Bill of Rights Act 1689, enacted and formally entered into Statute following the Declaration of Rights 1689. I draw your attention to the section that I have highlighted:
"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void".
This states that a conviction is necessary before a fine or forfeit can be imposed. As you will be aware, the Bill of Rights is a "constitutional statue" and may not be repealed impliedly. As stated in the "hoburn v Sunderland City Council" Judgment in the Divisional Court (18th February 2002) by Lord Justice Laws and Mr Justice Crane (I will paraphrase, but have included a copy of the judgment's relevant sections 62 and 63):
62."We should recognise a hierarchy of Acts of Parliament: as it were 'ordinary' statutes and 'constitutional statutes.' The special status of constitutional statutes follows the special status of constitutional rights. Examples are the ... Bill of Rights 1689 ... 63. Ordinary statutes may be impliedly repealed. Constitutional statutes may not…"
I am not aware that any Statute Laws of england makes any express reference to repealing the Bill of Rights Act 1689.

Therefore, it would appear that [train company] and its agents have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law. If you wish to proceed against me, please refer the matter to a Court of Law in an orderly fashion. Otherwise, the forfeit demanded of me is illegal and void.

Please also confirm to me in writing that you have advised the relevant officers of the Company and its agents that they are acting illegally by attempting to claim powers which are forbidden to them, and that all issuing of penalties is being done only after conviction by a Court of Law.

I should warn you if you do proceed to the court the court may take this notice as harrasment. Under the administration of jsutice act this notice is not enforcable in acourt of law.


Yours sincerely, etc

ENCLOSURES
1. Photocopy of Penalty Charge Notice
2. Extract of the Bill of Rights Act 1689
3. Extract of
hoburn v Sunderland City Council Judgment, sections 62 and 63.

Last edited by JOSH_IOU; 3rd June 2008 at 20:15.
JOSH_IOU is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th June 2008, 19:47   #2 (permalink)
robert_harper_2000
Gold Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Mar 2006
Posts: 647
robert_harper_2000 Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

Has anyone had success with this? How about reclaiming previous [paid] fines?
robert_harper_2000 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th June 2008, 20:00   #3 (permalink)
JOSH_IOU
Platinum Account Customer
 
JOSH_IOU's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 1,861
JOSH_IOU NovitiateJOSH_IOU Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

As far as Iknow this has only been used to claim back parking tickets under the council's unlawful parking scheme.


If you have been issued a demand and not a county court claim I do not see why this should not work for the trains as well.
JOSH_IOU is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 5th June 2008, 09:34   #4 (permalink)
robert_harper_2000
Gold Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Mar 2006
Posts: 647
robert_harper_2000 Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

It was a while ago now... think it was a threat with county court
robert_harper_2000 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 5th June 2008, 10:40   #5 (permalink)
JOSH_IOU
Platinum Account Customer
 
JOSH_IOU's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 1,861
JOSH_IOU NovitiateJOSH_IOU Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

Did you get a demand via letter as well?

Last edited by JOSH_IOU; 5th June 2008 at 21:50.
JOSH_IOU is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 5th June 2008, 21:48   #6 (permalink)
robert_harper_2000
Gold Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Mar 2006
Posts: 647
robert_harper_2000 Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

hmm.. it was a while ago not sure
robert_harper_2000 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 5th June 2008, 21:50   #7 (permalink)
JOSH_IOU
Platinum Account Customer
 
JOSH_IOU's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 1,861
JOSH_IOU NovitiateJOSH_IOU Novitiate
Default Re: Have you Been given a train fine? (reclaim the right)

If you got a demand or if you were issued a notice Then you can use these legislations.
JOSH_IOU is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools


Similar Threads
Thread Thread Starter The Consumer Forums Replies Last Post
Cautioned for not having Train ticket reduk054 Public transport (Trains, tubes and buses) 69 Yesterday 17:00
Skills Train HELP!!!!!! animal_lover Students 70 18th July 2008 08:18
Revenue Protection Support Services - Train fine Marvellous76 General Consumer Issues 7 24th October 2007 14:21
What do we do about train travel ? superbadger General Consumer Issues 4 25th March 2007 11:28
train now pay later help!!! sidvicious General Consumer Issues 3 29th July 2006 15:37




Do your Internet search here:
UK Web Image



The Consumer Action Group and The Bank Action Group are registered trademarks
Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road, London, NW11 7PE

Search Engine Friendly URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.