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  1. Hello, I am writing to ask advice about an issue with O2. I have noticed similar issues pop up on this and other forums. I checked my Experian credit rating in Nov 2015 and had an excellent rating. I then started to arrange a mortgage. Looking back now the credit file changed in Dec to show I had a default from O2 in 2011. The default is due to moving accounts from a O2 consumer account to an O2 business account. It looks like the people on this forum are very knowledgeable about this and I would like to ask for your advice. I had been told on the phone that I had paid the bill in full. O2 are claiming that £32 was issued when I had not paid the final bill. If I had know about this bill I would of paid it. I has moved to another O2 account and had the same number. To my knowledge I did not receive any emails for letters, or default letters about this amount. The default was for £32 and is now affecting my application for a Mortgage. I have contacted O2 and spoken to someone in the Executive Relations team who have said that they cannot help. I had paid the amount in Dec 2012, when a credit agency contacted me for the payment, I called O2 about the amount and paid it with them straight away. I was not told that they had issued a default against my name. This amount of £32 has not been changed on my Experian report and is still showing as un settled, which is also affecting my credit rating. O2 have issued an apology about this and have mentioned that they will mark the bill as paid but will not remove the default. They have told me to contact the Communication Ombudsman and Financial Ombudsman Service Any advice will be appreciated. Best
  2. I have had a letter from Brian carter Solicitors saying that a ccj has been entered against me on the 17 December 2015. I did get the court papers but stupidly ignored them after reading different things on the internet about not admitting anything. The bill is for £501.64 and he is asking for £50 a month which I can't pay. The letter says they will consider further enforcement action if the payment is not made. I don't know what to do. I have also received another letter from Lowell which says pre legal assessment threatening another bill being sent to their solicitors (probably Brian carter again) . The bill is for £836.77 and the letter talks about ccjs and possible bailiffs. I have absolutely no idea where I stand as far as bailiffs are concerned. I don't own my home. Do I have to let them in? I've seen programmes on bailiffs and the thought terrifies me. I realise this is my own doing but trying to pay rent and council tax as well as feeding 2 kids has been my main priority. I had these debts as well as some others with stepchange but the payments got too much and I had to cancel the agreement. Stepchange said one of the options was bankruptcy but I panicked and just left things. But because they have been paid a little bit, this is surely classed as acknowledgement of the debt? Any advice would be greatly appreciated. I'm frightened of answering the front door. Thanks, Tracey
  3. Hi everyone. Sorry for yet another post dealing with Harlands. I've read through the other posts and I'm in a similar situation to many others on here. However, as a student this is still a potentially scary situation for me and I'd appreciate some advice. Basically, I started a gym membership with Xercise4less on the 18th of March 2013. I went intermittently, then moved into a new student house around September of the same year, and then moved house again in September 2014. I tried to cancel my membership by going in branch around December 2014 and saying that I'd relocated and no longer needed to use their gym. The lady at the desk seemed to say everything was ok, and I left. Last Thursday I was checking my bank statements and saw £9.99 every month go to Harlands, which, with a quick google, I found to be the direct debit for xcersize4less. I immediately rang the gym I'd signed up to, and requested to cancel my membership and to get reimbursed for all the monthly payments since December 2014. The man on the phone told me cancellations were dealt with centrally and I'd have to fill out a form online. I asked to see if there was any record of me cancelling back in Dec 2014, apparently there was no record. With their word against mine, I cut my losses on reclaiming the DD payments and cancelled my direct debit with them through online banking. I then filled in the online cancellation form, explaining my situation. There were also boxes you had to check to submit the form: "30 Days Notice: I understand that by submitting this form I am giving 30 days' notice to cancel my gym membership with Xercise4Less. During this time if my direct debit due date falls within this time, one further direct debit will be taken from my account. Direct Debit Guarantee: I understand that Xercise4Less will cancel my direct debit for me after the final payment has been taken in my notice period and I am not to cancel this myself. Direct Debit Cancellation: I understand that I should not cancel my own direct debit. Cancellation Confirmation: I understand that Xercise4Less will email me on the address I have provided above confirming my cancellation and until I receive the confirmation email after all membership checks and verification processes have been followed no action has been taken on my account." Today I got an email through saying the following: "Thank you for getting in touch with us, we have looked into your account and we can see that you are In Default, this means that you have either cancelled your direct debit or you have missed a payment. Please call the membership support team on 01132038602 so we can move forward with your cancellation request. Healthy Regards, Xercise4Less Team" I rang the number, and the guy said I'd cancelled the direct debit, and consequently incurred a £25 fee, on top of the final DD payment of £9.99, and another seemingly arbitrary payment of £9.99. He said if I agreed to pay up this afternoon, he could reduce the fee to £29.99, by graciously reducing the admin fee from £25 to £20. I tried asking if there was any way I could pay just the £9.99 DD fee I owed, but he basically said no. He said I had to ring back today if I wanted the reduced fee. I'm just a povvo student and really can't be dealing with extra £20 charges, but I accept that I should probably pay the next £9.99 installment. Looking on here, it seems like I might be able to just ignore their pestering and offer them the £9.99, but a few things worry me: - The fact I checked the boxes saying I shouldn't cancel my DD on the online cancellation form - The fact I spoke with them on the phone, which apparently is a bad way to do things Other threads on here show these fees could get significantly worse than £29.99 so I'm wondering if I should swallow my pride and take the easy way out, even if the fees are technically unlawful and unenforceable. Many thanks for the help.
  4. Hi there, I am new to the site so just wanted to say hello to start with! I am writing this thread regarding problems I have had since cancelling a gym membership at Xercise4Less in Leeds. I am writing in chronological order but the dates may be a bit out (apart from the most recent ones). I joined Xercise4Less on a £9.99 monthly rolling contract in October 2014, as I was at university in Leeds and wanted to use the gym. I never received a welcome email with my 'pin' to get in the gym, nor any terms and conditions or anything similar. Over the first few weeks, I went in multiple times to ask them to resend this email and amend my email address to the correct one, and was told that they would do and would send me the pin to access the gym. I was given a temporary pin and used the gym maybe 2 times during this period. However, I never received the email with my own pin or the welcome information, as I informed them. Over the year I was very ill, and had a lot of university stuff to sort out, and so not only did I not visit the gym I also didn't have time to chase them about my pin for gym access, although I had been in and requested it multiple times initially. I lost the temporary pin and so could not access the gym. Over the rest of the year I ignored the gym and completely forgot about the membership. At the end of the university year (June 2015) I left Leeds as it was the end of my final year, and moved back to Leicester. I cancelled my bank account and changed bank, and cancelled all outstanding standing orders (including the gym). I receive a lot of nuisance calls and texts on my phone so ignore all automated ones I got (some were from CRS but I had no idea they actually meant anything so I ignored them). I have now received a text from Spratt Endicott (7th December 2015) asking me to call them and quoting a reference number. As I have left the address I have received no correspondence about any of this so have no idea where to start. Any ideas? Thanks a lot in advance, sorry it's a bit wordy!
  5. Hi All, I have a mortgage on my property, and a second charge on it. I want to put a third charge on it for a secured loan which has been agreed, and the first mortgage company have agreed to allow the new charge, however the second charge company are refusing point blank to allow any other charge against the property. The new loan isn't large enough to give me the amount I require and to pay off the second charge, and it needs to be secured, so how can I get this new loan done - preferably quickly? What options do I have to persuade them to allow it or to get it registered in any other way please? Thanks for your help
  6. Hi Guys I originally joined CAG about seven years ago to seek advice after being sued for a personal injuries claim. Judgement was made by default - court papers being sent to a previous address by recorded delivery and not received by me, so I was unable to defend myself in court. My subsequent application to set aside was dismissed. Quantum hearing was heard in August 2009. An oral examination was also conducted as to my means. It was evident that I was not in a position to pay and I offered £1.00/month. This was considered "unacceptable" by the Judgement Creditor and I have never been advised the amount that would be acceptable. I have only made payments totalling £6.00 in the early days after the case ... I have never received any correspondence relating to this case from the Judgement Creditor's legal team and no payment enforcement has ever been attempted. This morning I was handed a summons to appear at court for another oral examination later this month. I have no assets, am self-employed, in receipt of WTC, HB and CTR -- my weekly income is considerably less than the £72.40 the law states I need to live on each week. I'm sure the oral examination is just a formality really .. but if anyone could offer any sound advice, I'd appreciate it. Best wishes Imp
  7. Just saw this on youtube. HCEO with High Court Writ Tells the video poster that if he refuses to allow him access then he will be arrested for obstruction! Suggest this guy needs serious retraining. Got to love the copper too "well... your known to the Police...probably" And erm, are the Police allowed to use the PNC to check identities of people for HCEO's? Misuse of the PNC surely. The victim, who isn't the person the HCEO was after seriously needs to do some formal complaints, and I have advised him to do so. Surely a criminal offence has been committed, threatening arrest for not allowing peaceful entry? The HCEO is outright lying about his powers, threatening arrest, and the Cops just backing him up.
  8. Hi everyone, I would be really grateful for some help as I'm loosing sleep over my ongoing battle with Zinc/Harlands/CRS. My partner and I joined Exercise for Less on an 11 month contract in March 2014, by April 2014 we decided to cancel our membership as the gym was not to our liking. I mistakenly believed that I could just cancel my direct debit. Within a few days we started to receive letters. So on 20th April, we sent them a letter offering the £9.99 (taken from the forum). Harlands have denied receiving this letter. So now the debt (which currently stands at £226.00) has been passed to Zinc. Two days ago I sent Zinc the following email: "I refer to your attempts to contact me seeking payment for gym membership.membership. Harlands were made fully aware in April 2015 and Later about why their demands are wholly disputed. They failed to accept my reasonable offer to settle, nor did they attempt to discuss any alternative (please find letter attached).Accordingly, your demands are in clear breach of the OFT debt collection Guidelines and, if you contact me further, you will be included in my formal complaint to Trading Standards." Zinc replied with this: "Thank you for your email, the contents of which have been noted. It is not our intent to cause any distress or inconvenience.In order to resolve this matter, please provide evidence that you cancelled your gym membership in writing.I look forward to hearing from you within the next 2 days to prevent the possibility of further action." I don't know what to do to make them stop and I can't afford to pay them. I truly appreciate any help you can give me
  9. Hi Guys, I'm a newbie on here and have had a look at a few advice sites but am now more confused than ever. On Sat 10th Oct I was leaving work (yep, I work at Doncaster airport and should have been more careful) when my mobile rang - my Mum had suffered a stroke a couple of days before and was in hospital -wife had rung to give me an update so I pulled into a BUS STOP to take the call. As I pulled in I could see the camera van ahead parked up on the roundabout which I thought was a daft place to put it and as I only stopped for about a minute I didn't think It would be an issue. Coincidentally another car pulled in right behind me so I guess he got a notice too. Now I'm not disputing that I stopped, yet had I broken the law and taken the call whilst driving I wouldn't have received their £60 parking charge notice. I have 4 days left before it's supposed rise to £100 and initially I decided to totally ignore the letter as I know it's not a highway however I'm now wondering what to do. Vehicle Control Services seem to like to try intimidation, but I've got so much going on with my Mum and a major water leak at home that I really don't have the time to commit to a long campaign. Any advice would be greatly appreciated please? Should I ignore them, pay the price or go in fighting? Mark
  10. Hi All, I just got a letter through the post, stating i had a ticket in August at Theale train station. This isn't my first time I have had one, its not the first time have have fought and won. So I would admit to it if I had. But on this occasion, I was not driving, I was not in the country. One of my house mates (3 insured drivers) was the culprit, all swear they did not do it. Where does this leave me? I have started the ball rolling and gone back with the APCA appeal of: ' Hello, I today received a letter claiming that I received a parking fine for this car in August (12th) at no point in August did I have any yellow sticky paper attached to my car, I have seen several on the floor of the car park but not attached to my car. An this is not my first charge so you can see I would own up to it if it were there (I always win!) Unfortunately where I WAS the registered owner of this car I was not driving on this day, I was away with work in the US (I have receipts that will prove this) 3 of my house mates are insured on it but non are admitting to this. I will not pay and unless one owns up I am not sure what we can do here. I do have a question about the £100 fine! The charge is not a genuine pre-estimate of loss The demand for a payment of £100 is punitive, unreasonable, exceeds an appropriate amount and has no relationship to any loss that would have been suffered to the Landowner. The reduced sum of £50 rises to £100 if not paid within 30 days of the date of their appeal rejection letter and therefore indicates that the initial sum is a blanket sum and not proportional to any actual costs incurred as a direct result of the alleged parking infringement. Can you provide me with a complete break-down of how this “charge” was calculated in the form of specific evidence relating to this car park and this alleged incident. In the BPA code of practice, paragraph 19.5 states: “If the parking chargeicon that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.” And paragraph 19.6 states: “If your parking chargeicon is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable.” I am aware of previous POPLA adjudications in which day to day running costs of the business (staff uniforms, signage, maintenance etc.) would have been incurred whether the alleged breach had occurred or not therefore these may not be included as a pre-estimate of loss. There is no machine for paying for parking on the site (it is a private, residential car park), and there was no loss or damage arising from the incident. The Office of Fair Trading has stated to the BPA that a “parking charge” is not automatically recoverable simply because it is stated to be a parking charge, as it cannot be used to state a loss where none exists. And the BPA Code of Practice states that a charge for breach must wholly represent a genuine pre-estimate of loss flowing from the parking event. If APCOA's Genuine Pre-Estimate of Loss is £100. How can they possibly afford to lose £50 each and every time someone pays within 30 days? Or If APCOA's Genuine Pre-Estimate of Loss is £50, why are they attempting to charge me £100? The Genuine Pre-Estimate of Loss cannot be both figures and therefore cannot be genuine. Please send me the POPLA number (Unless you want to cancel this now to save us all some time) Thanks ' any thoughts of next steps would be good. Thanks
  11. The Bear Garden is a place of variety. A place where people can say what they like,discuss,debate and have a fine old time. So i thought i would put this on to cheer us up. Say what you feel.
  12. Yet again another debtor has been found guilty under section 68.1 of the Tribunal Courts & Enforcement Act 2007 for interfering with controlled goods and also for criminal damage. Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. In this particular case, the brief background is that Croydon Council issued a penalty charge notice and the debt remained unpaid and was passed to their bailiff contractor; Confero Ltd to enforce. The enforcement officer attended the property and located the vehicle. A wheel clamp was applied and the relevant statutory notice posted through the door. The owner of the vehicle forcibly removed the wheelclamp and drove away in the car. Later that same day he was arrested by the police and charged with the following: Criminal damage (to the wheel clamp) Theft of the motor vehicle. Intentionally inferring with Controlled Goods without lawful excuse. The vehicle was removed to the enforcement companies car pound. He was bailed and had a first hearing at court earlier this year (May). The individual claimed that he had not received statutory notices from Croydon Council and accordingly filed an Out of Time witness statement. It is assumed that this had been rejected. At Bromley Magistrates Court yesterday (5th October) he was cleared of the charge of theft of the motor vehicle but was found guilty of the other two charges (criminal damage to the wheelclamp) and interfering with controlled goods without lawful excuse. He was fined a total of £1,598
  13. This one from Scoop regarding increase in bailiff referrals by councils http://www.spaldingtoday.co.uk/news/opinion/campaigns/how-the-cost-of-paying-up-is-sending-bailiffs-diaries-wild-1-6962592
  14. Hi everyone A couple of years ago I looked into trying to reclaim PPI that was brokered by Norton Finance as part of a secured loan I took out in October 2004 to consolidate some debts. I borrowed £ 40000 repayable over 25 years and the broker insisted I have the PPI which was to cover loan repayments for accident, redundancy and sickness for the first 5 years of the term of the loan. they added £ 9790 for the PPI. In October 2006 I decided to remortgage and so the secured loan was repaid after just two years. Now, when I enquired to First Plus about the mis-sold PPI, they told me that I had to take up the matter with Nortom Finance. However, by that time, the broker had stopped trading so went to the FCSC and they said that no claims before 1st January 2005 could be considered. However, my argument is that the PPI payment would have been paid by Firstplus to the broker and what is more to the fact, I only have the loan for two years so only two years of premium were used - I never was refunded the PPI premium as there were three years of cover still not used ? Firstplus are using the same excuse as the FCSC but they are the ones who paid the premium and they were the ones repaid in FULL when I redeemed the loan in October 2006. I am sure they are just making excuses to not pay but fee that even if I cant make a claim fro mis-sold PPI, I can atleast expect some of the PPI premium paid to be refunded as the original term was for 5 years and I only had the loan for 2 years. thanks - any advice would be great. I dont have statements anymore - just the account number, principal borrowed and PPI paid out in en email from FP. Dean
  15. If there is a dispute regarding goods that may have been seized by bailiffs and the debtor considers that those goods should not have been taken as they were considered (for one reason or another) to be exempt, then the regulations provide that there is a proper and FREE procedure that should be made under section 85 of the Civil Procedure Rules. Unfortunately, it would seem that debtors are wrongly making application to the County Court for injunctions and so far, we have yet to see one succesful case. Instead, there are many cases now being reported where debtors are having substantial cost orders made against them (in one case last week a debtor was ordered to pay the local authorities costs of £3,200. Details can be read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?445251-Goods-on-HP-a-Judge-says-they-can-be-sold(8-Viewing)-nbsp Today, I have received details of yet another failed injunction but most importantly, the Judgment makes very clear (yet again) that the wrong procedure was used and the claim has instead been transferred to a District Judge at another court pursuant to CPR 85.7(5) for further directions. Details will follow in a moment.... PS: It should be noted that in this particular case, it would also seem that the wrong party had issued the proceedings.
  16. Ive searched, found info, followed up and had a response from CRS telling me that due to the fact the have to pay for envelopes and lights etc, their £60 charges for chasing a "debt" are fair... My Story - Signed up for a membership at X4L last August (I thought sooner but not apparently), cancelled my DD as I "thought" Id paid up my 12 months and have been contacted to say I had cancelled 3 months before the end of my contract. I have contacted the gym directly who have told me they tried to contact me via telephone (no longer have the PAYG number) and that the issue had been passed onto CRS. I have emailed the following to CRS / X4L Head Office and also my local X4L Dear Sirs, I will pay the final 3 month's fee of £29.97 due for the last 3 months of my contract, but I will not pay your unenforceable unlawful penalty charges. Once you agree IN WRITING to accept the £29.97 in full settlement of all that I owe for the gym membership, I will pay it off within 2 weeks (14 days) of your acknowledgment. My offer stands for 14 days only (from 4th August 2014) after which it will be withdrawn. If you fail to accept my offer or you demand any amounts in excess of £29.97, I will pay you nothing. - Thankyou to whoever it was who posted the above on CAG They've replied and given me 7 days to pay a reduced payment of £96.47 and they'll bugger off and leave me alone. Now, what would be the best thing to do... reply and insist I aren't paying the £60+ charges they say "we concede that the cost of the paper, envelope and franking of the default letters does not make up the entirety of the rest of the sum, however, as a business they have to pay overheads for staff wages, whose employment would not otherwise be required if it were not for the missed or returned payments and furthermore pay overheads for office space and increased usage of utilities, equipment, furniture and stationary to accommodate these staff and the processes involved with the administration involved with missed or returned payments, costing hundreds of thousands of pounds every year." Annoyingly, due to a "personal issue" (finding out a long lost family member uses the gym) I haven't even set foot into the place so they've had 9 months payments off me for begger'all :mad2:
  17. Hi everyone, this is on behalf of my partner. Got "caught" by an inspector, but is unsure whether the Oyster reader (at the station, or the inspectors) is at fault; also, the inspector failed to issue the penalty notice, we think deliberately - he certainly took his time. Got a £50 demand .. appealed on line but was refused, got a standard reply and a futher £50 demand. Here are the details entered on line .. I have an Oyster card. On this occasion, I was under the impression I had touched in at XXXX. I either touched in at XXXX and it did not register, or I did not touch in (I have forgotten to do this before, so it is possible, but similarly, I have definitely touched in or out sometimes and the machine hasn't registered, in which case Oyster refund me for any overcharge). I was not actually issued with the penalty notice as the officer took too long to complete it, and he knew I was getting off at XXX (XXX to XXXX is a five minute journey). I attempted to hurry the process along, but he refused to look at documentation with my name and address and insisted on a lengthy telephone check. I got off at my stop and he was still writing the notice. I would have no possible motivation for evading the fare that day, as I tried to explain to the officer, who ignored everything I said. 1. My oystercard usage for the day was at £7.30, which means there was only another 40p to go before reaching the "cap" of £7.70. I definitely checked at the Oyster reader at xxxxx that I had sufficient balance for my journey, otherwise I would have topped up there. 2. I was on JURY SERVICE that whole fortnight, which means all my fares were reimbursed by the Juror's Office. Why would I deliberately avoid racking up a 40p charge, which would be paid for by the Crown? I am willing to pay a small charge but not £50.00. If you were to take it further, I can produce the printout of my Oystercard journey history (which shows me taking several journeys that day, to and from xxxxx, where the court is) and put the question to the court, is it logical I would deliberately avoid paying 40p which I was going to get back? .
  18. After getting a positive result last week in the court as to one of my past credit indiscretions, another pops up. At the time i used my brothers business mailing address as i was Sofa Surfing. I had put the account into dispute with the original creditor. This was in 2009 In april last year i received a letter from a well know DCA phishing at my home address, i ignored it. I have just received another letter by a another well known DCA saying that they were given my new contact home address as they could not contact me at the mailing address. They then ask if i am not the named person to contact them so they can update their records (Phishing exercise) It is obvious DCA 1 has asked DCA 2 to collect on their behalf This debt relates to a well known finance company who specialised in ripping off sub prime clients with APR and fees and is of a considerable some This account becomes statute barred in september, another 8 months Any advice will be welcomed as the last thing i am going to do is phone them
  19. this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks
  20. Hi all! Require your advice. My friend borrowed my car to go for food at KFC in bury and managed to go over the 2 hour limit by 15 minutes, he left at 11.15pm, 15 minutes after it closed. Our beloved friends over at PE have sent me a letter stating I owe them £100 but reduced to £60 if I pay quickly. What should I do? Thanks in advance. Rob
  21. Hello, you all seem to be really clued up here so hopefully you can help me! In September 2013 I signed up for a gym membership at Xcercise4Less, which was for a year. When I signed up it was with some housemates that would not be in the area in a year, so when we asked how to cancel the girl simply said cancel the direct debit. After using the gym only for a few weeks I developed a hernia (unrelated to gym!), and so was advised not to go until after surgery. I stopped going to the gym, however continued paying for the contract as I was unaware you could cancel because of this. Come September 2014, the 12th payment came out so I cancelled the direct debit. Now starting a month ago it has been a mess of CRS, Harlands and Xcercise4Less harassing me and sending multiple letters for unpaid gym membership fees and then some additional extra? I emailed the gym directly and told them the situation however they stopped replying. I'm really skint at the moment and it is annoying me how I didn't even use the gym and they are still trying to come after me for money? How could I get around this? I emailed them saying I would pay my 1 months notice but they ignored that aswell. Would it be helpful to get a doctors note for the hernia? I've followed advice seen on here about not doing anything over the phone but I'm getting texts and missed calls every day and keep sending letters to my home address and worrying my mother. Any help would be greatly appreciated!
  22. Hi all, I am writing as I too have received a letter from TFL where they threaten to prosecute me. The incident happened in the train in March. I use a type of ticket that you buy in advance and fill in with the date of the journey when you travel. I was going back home after work, tired, sleepy, and I filled in the date on my ticket and accidentally entered a future date as I am so dumb I was convinced it was a different date. I was so convinced that I didnt even bother to double check in the calendar. When I arrived at the destination station, I was asked to show my ticket and the inspector checked it and told me, hey this is not today's date. He wanted me to pay the fine and I asked, is there any way to avoid this, as it's clearly been an honest mistake? and he said, yh I can take your details and the company will write to you to ask for your version. I thought, that is really fair!! I will give my version and then they will decide whether I have to pay or not!! Surprise surprise........"the company asking for my version" is a letter of intention to prosecute. I have already replied to them explaining what happened but I assume it is going to be useless. I have some questions, and I was hoping somebody here could help. I have read I could be prosecuted in 2 different ways (I copy and paste from another thread): - The most serious is section 5 of the Regulation of Railways Act 1889, criminal, requires intent to avoid fare, fine up to level 3 (£1000), or for second or subsequent offence can at discretion of court lead to imprisonment up to 3 months. - Railway byelaws (both sections 17 and 18), criminal, strict liability (no intent needed), fine up to level 3 (£1000) except byelaw 17 My questions are: - Will I know before going to court what law they are prosecuting me under? Can they change their mind at a later point? - If its the railways act, do they have to prove to avoid fare? I might have a fighting chance at demonstrating I had no intent of doing so. - If its the railway bylaws, then they dont need to prove intent. However is there any circumstance under which their evidence would not be admissible? The inspector was a 17 yr old bully and I believe he made some errors, e.g. wrote comments on my witness statement on a section that was meant for my comments, pressured me into signing, did not explain why he was taking my details and told me it was just 'to give my version' - Can I subpaena documents/CCTV for my defence? I am a fighter and will certainly not go down without a fight. At this point I dont care about the money. I only care about being turned into a criminal. I am most certainly not a criminal. I volunteer for two charities where I work with children and I need an enhanced DBS, so criminal record would mean no more volunteering. I am really shocked. In my country these issues are not covered by criminal law, they are covered by administration law and you would NEVER get a criminal record for such a matter. I don't know who had this idea but it sounds really out of proportion. Thanks for any help that you might give.
  23. Firstly, I do have another unrelated deposit thread from 2014, this relates to a different tenancy held in my name on behalf of daughter! Just ended a tenancy where we had resided for four years. We had some issues with mould throughout the property and felt that the LL or agents were doing nothing to resolve the problem. We gave notice, and thoroughly cleaned the property and had all the carpets professionally cleaned. Tenancy ended on the 26th March, we met with a LL's representative at the property on that day, who went around the property with my partner and expressed that he was satisfied with the condition and he also discussed the mould in detail, that there had been problems with it previously and that he was going to clean it up and decorate over it. Also the agents representative met us around the same time, did not do an outgoing inventory, took the meter readings and the keys and quickly left. Assuming that there was no issues we waited until the 6th April and then requested repayment from the DPS of our deposit. And we waited, we noticed on the 25th that the deposit has had a dispute issued. DPS emailed and advised to contact the LL/agent to liaise with regards to this. My partner has emailed the agent, requesting details of the dispute, despite them having all the forwarding address details, email and phone number he also requested as to why no-one has come forward to discuss any issues. No signed ingoing inventory done, but a inventory was handed over at the start of tenancy, and of course no outgoing inventory, so we are at a loss as to what the issues are. We have taken photos of the mould, and photos of each room prior to leaving. We will now wait 7 days for a response from the agents, and then go down the ADR route? I am grateful for any comments or helpful advice.
  24. Now that it look's clear that a conservative government is going to be running the UK, I am very concerned for my future. I cannot work and have been unable to for four years now, and housebound for much longer than that. What I would like to know is am I likely to be treated more fairly and be more welcome in an other EU country. Or any other country for that matter! I understand this is not the usual topic, but I'm just wondering if anyone knows about this. I don't have enough ties here to stop me moving, and I imagine everyone in my situation is just going to suffer here.
  25. Hi, Just wondering if this was allowed... I am currently paying £10.55 to Lowell Group which is due to finish soon, now I got a letter from Bryan Carter which brought from Lowell Group for completely different debt saying they're accepting the offer for me to pay £10.55 and D/D was set up to take 1st payment in May.. Now I know I never arranged or asked Bryan Carter to set up D/D or even offered to pay £10.55 a month (Don't get me wrong, I'm willingly to pay that..) so are Lowell allowed to pass on my bank details to another company without my permission? I know for sure I never made no arrangement with B/C - only to L/G So 2 different debt.. And same amount of money to repay (£10.55) something isn't right is it?? Many thanks, Juniper.
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