Hi - I am waiting for a response from the court - he completed all the forms including the finance one and sent them in the post. Lucky he had a copy and I sent that one special delivery. He pleaded guilty though. I'll update this when we get a response.

Thank you - I will pass this info on to him! Lets hope he learns his lesson!

Hi - thanks for the replies - he is a silly sod!

It states on the summons

contrary to Bye Law No 18(2) or the Railway Byelaws made under Section 219 of teh TRansport Act 200 by the Strategic Rail Authroity and confirmed under scedule 20 of the Transport Act 2000

How did you know the nature of the disputed coversation......

The docs say teh fare outstanding is £4 and £105 for prosecution costs.

Hi,

My (stupid) 18yr old son has received a court summons for fare evasion (date of offence in Jan 11) at my address.

This a bit confusing as he wants to please guilty but the evidence sheet submitted from the train inspector has incorrect/conflicting information contained within it.

Basically my son left the family home to live with his father in July last year and has just moved back with me this month. Because of elections/council tax etc. I made sure the relevant authorities (including electoral roll) etc. had his new address details straight away, and any post that came for him to my address I wrote the new address on and put back in the mail.

- My son says he lost the penalty notice, and has not received any other documentation.

- The evidence sheet has some negative comments on it that he is alleged to have said he disputes this

- The inspectors confirms she checked his address and confirmed my address (he only moved back at the begnning of this month and I informed ctax and electoral roll at the begining of last week) - any records should have him at his dad's house

- He says he gave my address because he was not getting any mail at his dad's house but didn't tell me about the fare evasion until it came in the post on Friday..

Is there any point in attending a court date to dispute info in the evidence sheet - the main offence is fare evasion and he is unfortunately guilty of this - can we enter this disputed info on the evidence sheet, and the reasons for evasion in the mitigating curcumstances?

Its £4 for the ticket and £105 fine - can he pay this before the court date - would this avoid prosecution... He is unemployed at the moment and starting college in September,

Any advice would be appreciated.

C

BTW it was his last day of college and lost his travelcard, he was having probs at his father which is why he has come back home (and is a lot more appreciative now)

Just found out that they are closing the following branches with effect 27/5/10

Blackheath

Catford

Greenwich

Lewisham

Peckham

Walworth Road

Woolwich

Thats the majority of South East London .... people who have accounts will have to go to Bromley, Beckenham & Bexleyheath

Just for info

I have received a letter from my bank stating that they cannot refund any charges incurred because of a date I say a payment was applied is incorrect.

I have received a letter from Asda stating they requested a 'holding' payment and did not request the actual payment until the day of the delivery.

..how do banks know what is a holding payment or an actual payment - it is clear that the payment was applied for on the day before delivery.

Any ideas . I will write to Asda again and re-iterate I want the fees refunded back to me .. or do i just get legal advice....

Hi I just started a thread and wondered whether you could clear somthing up - I had an order with Asda and they took the payment the day before the delivery - has this ever happened to anyone on here?

Thanks,

C

Hi All,

I recently did an order from Asda and on their website it clearly states payment will be debited on the day of delivery. So I placed an order for a specific date/

Asda reqested payment to my bank on the day before. I received a text message from them at 10 am on the day before the planned delivery saying that the payment had not gone through - I tried to call them but got no answer (I had to work late that day).

I managed to get through on the planned delivery date and they said the payment had gone though - food delivered all ok (day after the text)!Shopping was delivered the next day as ordered.

Now I've been hit by £35 fee from Nat West, and another £70 cumulative as other payments I had made had taken me over my limit because of the £35 fee. They confirm the payment was requested on the day before the delivery was due. In fact the charge states the date of the payment request as the day before the delivery.

I only use my Nat west acc for internet & shopping so am always ensure there is enough funds - I do not normally pay any charges except int. on my OD.

Natwest have refused to refund the charges as they say it is not their error.

Asda are stating they took the payment on on the delivery date, and only applied a holding fee of £1.

It clearly states on Asda's webpage that payment will be deducted on delivery date.

Any ideas where I stand legally here?

By the way I've got screen shots of asda's t&c's & the charges from Natwest.

Thanks

C

Thanks Sidewinder,

So my job offer letter which includes a start date, annual sal & increase after 3mths pp, and annual leave, notice during pp and after pp & working times constitues a legal contract?

If nothing has been said or advised after my pp ends then I have passed pp by default? they should honour their letter re pay increase?

during pp I have to give 2 weeks notice, if they do not honour their letter after pp i can still give them 2 weeks notice rather than 1 calendar month?

I appreciate your help - just need to be clear

Hi thanks

I suppose I will have to give then the 2 weeks notice also?

Hi there - could anyone help me the following queries:

1) If the period has passed without comment - have you passed your probation?

2) Can this (offer letter) be used in a dispute or tribunal before 12 months employment i.e. without employee rights?

3) Is confirmation job offer including salary & working hours - legal without a contract?

4) If you leave employment in your pp are you entitled to holiday pay - leave accrued not taken?

I have just started employment and am under a 3 month pp, which once passed I will recieve an increase in annual salary? this is confirmed in my offer letter but have not recieved a contract - been there 7 weeks now.

A current colleague has advised me that she was on similar terms, (offer letter) and when she passed her pp date she asked them 3 days after about her pay increase - they organised a meeting and 1 week later told her she had not passed, extended her pp, and since then have not advised her if she has passed it - she has now been employed for over 12 months - is she entitled to her pay increase now?

I am concerned by the above - they may try the same thing with me and also I do believe after working with this girl for 2 months that she is clearly capable of her role!

In my offer letter it also states 2 weeks notice either side - I have been offered another job elsewhere and am inclined to take this - would I legally have to give them 2 or 1 weeks notice?

Any advice/information would be greatly appreciated.

Thanks,

Lost24

Have amended it as follows: -

Regarding the above mentioned account, I hereby formally request under the Consumer Credit Act 1974 you provide me with copy of the alleged agreement and a statement of account to date substantiate your data.

Please therefore supply me with a true copy of the original agreement, and a statement of account.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

This is a statutory obligation under section 189 of the Consumer Credit Act 1974.

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

I look forward to receipt of the above items within 12 working days.

How about this: -

I am presently striving to organise my personal information and despite having sent 6 request letters you have not responded with the requested information..

Please therefore supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Again, this is you will appreciate a statutory obligation under section 189 of the Consumer Credit Act 1974.

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

I look forward to hearing from you within 12 working days.

What do you think?

Hi thanks 42man!

Two questions though

1) Why shouldn't I sign it?

2) The debt is being paid by my DMP direct to Halifax, no DCA involved - shall I just delete the referring paragraph?

Thanks

Hi I have a loan with the above which was due to finish last year, I am on a DMP and as it was up for its annual review & I had to write to my creditors to ensure payments were received & get an uptodate balance.

Halifax are being difficult - I first wrote to them on 1st June 2007 and todate have not received an adequate reply - they kept sending an automated letter whcih had 2 amounts on it totalling more than I actually owe so I wrote asking for clarification.

Their reply asked for a large amount of oney within 28 days or they would issue a DN against my credit file.

Which letter can I send can which gives them the least time to reply, and the balance of my account. I think it may be CCA request but am unsure - if anyone knows could they post a link??

Thanks,

Hi there,

Sorry i've not been in touch - Next replied and have said the DN still stands.

I am going to reply stating that they have not followed the corrrect procedures - but I don't think i'm going to have much luck!!!!

Hi, thats what I thought! I used to reduce it online but it was refused once so I just called them up - I think it was refused because of DN from Next, but when I spoke to them they just reduced it over the phone (by 100 each month) - this is the first tiem I have heard of having to re-apply and re credit scored - as I;m reducing not increasing!!! The woman I spoke to told me 'just don't use it'

I'm not sure if this is in the right forum - but can anyone advise?

I just called up my bank to reduce my OD. They said I had to go through a credit application and credit score.

I queried this as I have been reducing it every other month, & last time I did not have to go through any other application and they said their procedures had changed.

Is this right - they also said that my request to reduce my od could be refused????

subscribing your Holiness!!

Hi there,

I am in same process with Next Directory & couldn't meet their requested repayments in 2005, and wrote to them (along with other creditors) for reduced payments - they did not accept this (the majority of my other creditors did) - I used letters on National Debtline & continued to pay them what I could afford, which was roughly 3/4's of what they were asking.

I received a letter from a DCA regarding this account & i made an arrangement with them for the amount I was paying before.

Then i found out a few months ago that they had issued a DN on my file - no warning letter, no notice, nothing.

The thing is I applied for credit with my bank (long standing and 2005 was a bad year - apart from that my credit history was ok and I'm sure they would have helped me - I only needed some breathing space for 6 months, & I can see on my credit report that around that time I applied for 3 short term loans (with exisiting co's) that were refused because of my credit rating. I'm on a DMP and it finishes soon, but I believe I could have sorted things out alot quicker if I had known about the DN - I could have dealt with it there and then rather than two years down the line. (rant over!)

Have started the procedure, they do not have CCA agreement, but they are saying that they will not remove the DN.

It seems a complicated and confusing process but hopefully it will work for me and many others!!

My thread is here if anyone has any info/input etc.

http://www.consumeractiongroup.co.uk/forum/store-cards/104892-lost24-next-directory-storecard.html

Hi there,

Have amended

1) to read

In my letter dated 19th April 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement.

2) last parag.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Next Directory or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Offices, Trading Standards, The CSA, The FOS and my local MP.

I have also amended the dated to the 8th May & 8th June - perhaps I should have sent the above letter as the second letter in retrospect!!!

If they do not reply favourably what are my options - to report them ?? What court action do i take..

So - do I send the letter in precious post or reply to their letter of 26/6!!!!! Any help please.....

This is a letter that I found which i am planning to send - any advice/amendments would be appreciated - it is either this ro draft a letter confirming what info should eb on a DN?

This is quite confusing ......

I refer to my letter dated 19th April 2007 sent by recorded delivery, and subsequent letters dated 4th and 14th June 2007

You have failed to acknowledge these requests in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter dated 19th April 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 9th May 2007 and 10th June 2007 respectively.

In your letter dated 12th June 2007 you confirmed that you do not hold a signed CCA agreement and that under Section 127(3) of the CCA 1974 this debt is unenforceable.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) –

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) (b) If the default continues for one month he commits an offence

Therefore on 11th June 2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further I do not acknowledge any debt to Next Directory.

I require the following action from Next Directory:

1. All payments made to date to Next Directory for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Next Directory. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been dove over the past two years.

4. After a full refund of all payments with interest and compensation are received by myself, you will required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and deist all manual and automatic processing of my data within your company and any company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Next Directory or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Offices, Trading Standards, The CSA, The FOS and my local MP.

Collections Department

According to Insolvency UK website - a DN should contain

i) description of agreement sufficient to identify

ii) name & postal address of trade

iii) name & postal address of customer

iv) statement that the notice is a default notice served under section 81

(1) of CCA 1974

v) details of part of agreeement which has been breached

vi) details of nature of alleged breach specifically

vii) options to correct alleged breach including dates - at least seven days after the service of the notice

Also a statement showing date for action before further action should be clearly shown .

I have now received a reply dated 26/06/07 - received on Monday 9/07/07 -as follows: -

I would really like some help/advice in structuring my reply - as I understand it if there is no CCA there is no contract & therefore no breach, also I have never received a default notice from them - the copy of their letter which they claim to be a default notice does not as far as I am aware contain the required information - regardless I ahve never seen this before.

this is the so called copy DN : -