Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Transport Investigation Ltd intend to prosecute me
Hello,
I got stopped without a valid oyster card on the DLR last June. It was a genuine mistake by myself and I had the funds to pay. The 'officer' who stopped me took all details and I received a letter from them last October saying they are considering prosecuting me and would I wish to comment. I didn't reply as all the facts seemed correct. On 7th Jan 09 I received a further letter saying they'll let me off sending papers to a magistrate providing I pay £79 administration costs!!
My questions are -
1) Is £79 reasonable for administration costs?? 2 letters, both seem pretty generic so no real man hours would have gone into it.
2) Am I right in thinking that they can't prosecute 6 months after the offence? (The offence happened 7 months before their most recent and threatening letter)
Transport investigations Ltd intend to prosecute me
Hello,
I got stopped without a valid oyster card on the DLR last June. It was a genuine mistake by myself and I had the funds to pay. The 'officer' who stopped me took all details and I received a letter from them last October saying they are considering prosecuting me and would I wish to comment. I didn't reply as all the facts seemed correct. On 7th Jan 09 I received a further letter saying they'll let me off and not send papers to a magistrate providing I pay £79 administration costs!!
My questions are -
1) Is £79 reasonable for administration costs?? 2 letters, both seem pretty generic so no real man hours would have gone into it.
2) Am I right in thinking that they can't prosecute 6 months after the offence? (The offence happened 7 months before their most recent and threatening letter)
Re: Transport investigations Ltd intend to prosecute me
Hi Tom Welcome to CAG.
Its the usual challenge as to whether the £79 represents a genuine pre estimate of their costs-and so is not a penalty charge under common law.
Contrary to what many believe,theres many more organisations aside from Banks who have been guilty of making money from over the top charges and fees which they simply are not comfortable to explain when confronted.It varies from Insurance to Catalogues,from Parking charges to booking agents.
But the basics in challenging are the same-they want £79.....fine. YOU want to see some evidence that the fee or charge is fair,reasonable anf just.
If they are not prepared to prove that its justified-then tell them you will let a Court decide once you have asked them to order disclosure.
I am not familiar with Transport Investigations Ltd,and so cant comment on whether they are likely to carry out their threats,but it does not sound very up front to me.
I will see if I can find any Archive info from previous cases and post them here.
Meanwhile to anyone else who can add something here-fire away.
Re: Transport investigations Ltd intend to prosecute me
thanks very much....any ideas on what i should do. i dont want to do nothing and let it fizzle out without letting these bullyish debt collectors know that they are wrong.
The recent letter they send looks very much like a court document, covered in reference codes and says 'PROSECUTION NOTICE' at the top - enough to scare some people into unnecessary payment. I really want to fight back.
Re: Transport investigations Ltd intend to prosecute me
They are in breach of both Office of Fair Trading Guidelines on debt collection,and I am sure the Unfair Consumer Terms regs 2008,in supplying you with anything which purports to be a legal document in the way that you describe.
Re: Transport investigations Ltd intend to prosecute me
Originally Posted by MARTIN3030
They are in breach of both Office of Fair Trading Guidelines on debt collection,and I am sure the Unfair Consumer Terms regs 2008,in supplying you with anything which purports to be a legal document in the way that you describe.
Can you explain how they are in breach of the OFT guidelines please?