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  1. Hello all - I've been having a look over posts in this forum for about the last hour and there's a lot of useful stuff so thanks to everyone involved. the situation; it involves my girlfriend and happened about 4 months ago. I wanted to post just to get a feel of things because at the moment I don't have all the exact details and she's worried. She got the train from a station into London. She bought a return ticket from a machine at the station that included a ‘zones 1-6 day travelcard’ (or whatever it's called). However, she bought that ticket thinking that she had her 16-25 railcard with her. When she got into London someone official asked to see her ticket and when she couldn't produce the railcard (because she'd left it at home) he confiscated her ticket, took her details (which she gave) and told her she couldn't continue her journey and would have to go back. She didn't have any money on her (only card) so he gave her a signed note to allow her make the journey back to the station that she had come from. He must have made mention of the possibility of prosecution as I got a phone call at this point with her in floods of tears being worried about being sent to prison. She made the journey back again without further problem. This is where the plot thickens though - when she got home and found her railcard it turned out that it had expired so it wouldn't have been valid even if she'd remembered it (she has since bought a new railcard and continues to use it whenever we use the train). She then received a letter a couple of months ago summoning her to court at the beginning of September. She rang a solicitor on the strength of a friend’s referral and they weren't interested, saying that it wasn't their area of expertise and she should contact someone local to the magistrates court. She's now terrified that she's going to have a criminal record for fraud and lose her job. This sounds unlikely to me but I have absolutely no experience of this sort situation so I can't offer any concrete advice. Any thoughts on what I've said and how to proceed would be greatly appreciated. Sorry for the slightly hazy specifics - she's just told me over the phone that she's due in court in a couple of weeks and doesn't have any idea what to do next. I’ll get more from her asap and get them on here. Cheers, drmac
  2. Hello to all here I've been trawling the threads and posts on here and though my situation is very similar to some of them, I haven't found one that is exactly the same. Thanks in advance for reading this and I'll try to keep it brief and to the point: I have already received and responded to the initial letter to 'state' my case. That being that I tapped in with a Pay as you Go oyster card at my station, Alexandra Palace, that had no money on it. I didn't realise this as I was running for my train in rush hour. When I got to my interchange at Finsbury park and saw ticket inspectors, I tapped in at the interchange just fine and was pulled aside by an inspector. When he read my card he saw it hadn't been validated for my journey to Alexandra Palace and that my season ticket had expired the day before. While searching my bag for ID I realised I had my second oyster in there (I carry two incase one is stolen or lost) and gave that to the inspector. This was the one I had used to tap in at Alexandra Palace and it had insufficient funds. When the inspector told me facts were facts, I accepted that I was going to have to pay a whopper fine but didn't put up much of a fight (I've never seen that work). When I wrote my details, I put my name and address and as the inspector was calling it in, I told him I'd put one of the digits to my house incorrectly and accidentally and he pulled the pad away from me and told me I was falisifying information. When he attempted to call in the correct address, he said he didn't have my name registered. I had to show him an e-mail sent by Foxtons to prove my address but I didn't have ID on me as my only ID is my passport and I don't really like taking it with me regularly unless I must for something formal. The charge for my offence is 'Giving a false name and address.' On the false name: I gave the name that I am commonly called Kane, which sits in my passport but is only ONE of my official names. I have three in total and that is not the first one. The reason I gave it is... well, that's the most common name for me to write. On the address: Every detail of my address is correct including road name and postal code, but I didn't intend to write one number of my three digit house number incorrectly. I even offered to correct the error. The inspector argued with me that I should know it, and that I live there so obviously I'm lying, but I countered that I still don't know my mobile number well, nor any of my families, or even my work and it was simply because I was in a rush to get to work (Also, while I was writing my address I wrote and corrected my postal code because I'd made an error, so it wasn't the only one I'd made but it was the one I didn't catch.) I am currently writing a letter in response to them to 'state my case' but I wonder if this will affect me very negatively even though I dispute the claim that my name is false? Any help or nuggets of information would be kindly appreciated. And if you've read this far, thanks again. K
  3. I really hope someone can help, I am really anxious about this. I took a rail journey which I have taken many times before on the same Oyster card. This time however the ticket barriers were open. I tried to scan my card anyway but it didnt beep/accept. There is also another point where you can scan but this area was cordoned off for painting work. If there was another place to scan I was unaware of it, Perhaps I should have had a good look around but I didn't. They did send me a letter where I had a chance to reply within 14 days. I wrote a whole page explaining the circumstances but unfortuantly I have only just realised I forgot to send it back to them. They have now sent me a court summons for the fare, valued at £4.40 + £100 in court costs. I am unemployed so the money is a big deal to me. More importantly I am a long term sufferer of Social anxiety. Attending a court is unthinkable, I really don't know what to do. I thought there was a penalty fine of £20 for failing to pay. Even though I believe I am in the right I would happily pay this given the chance in order to avoid court. Please help. Bob
  4. I was travelling on a train to Hertford North from Finsbury Park. I did not realise Hertford was out of zone 6 and I scanned my Oyster card at finsbury park. I was asked by a ticket inspector for my ticket and I gave him my oyster card to scan. He saidthat was not valid and I had to pay a fine. I said ok. I gave him my name and address and then got off as it was my stop. I then was away on holiday and I came back to a letter from a prosecutions officer asking me to explain why I had no ticket and that they were planning to take me to court and then I had also received a letter from the court explaining I had been summons. The inspectors version of events are different as what I believed happened is he forgot to properly do his paperwork or follow protocol. 1ST discrepancy is that He did not ask where i had travelled from. In his statement he says he did and I said Bowes Park (lie). Secondly, he says I was asked to sign something which again is untrue. This did not happen as I would have. I had already given him my details. He said he then told me it would be reported which again is another lie as if he had of done either I would have. I now have a summons next friday and have been asked to plead guilty and attend or guilty and not attend or not guilty and have it rearranged. admin costs £110 which I am happy to pay if it means I do not get a criminal record. I am tempted though to plead not guilty as I have done nothing wrong. It also says even if I plead guilty and then submit mitigating circumstances which would suggest otherwise which I will. Then they will change my plea and it will be reaaranged. As I scanned my at finsbury park then surely the charge of * entering a train for a purpose of travelling without a ticket entitiling travel is not a valid one? I made a mistake which I was happy to pay for but I feel this has already gone too far as it is.. I have to send the letter by tomorrow and not sure what to do.. thanks in advance for any help you can give.
  5. Hi all, I was a bit shocked this morn to find a summons to court in the mail... im a bit worried and very concerned as to how to deal with it. I have only just seen these letters as i have been away at university, and unable to respond to the original letters from feb onwards. The issue has arrsien from an unpaid ticket in feb. im guessing its too late to challenge the proposed fine.... but is it also too late to settle out of court? any help and advice anyone can offer ill be much obliged thanks Regards Rich
  6. I sold my car and moved house during the summer of last year... I say moved house - I actually became temporarily homeless and stayed with some friends until I got back on my feet. Fast forward to today when I returned home after a short period at a friends place, to find a letter from HM Courts and Tribunals service calling itself a further steps notice over a fine of £305. Needless to say that this was quite a shock. I was unaware of any original steps, let alone further ones. I called up the number, and the rather lovely lady on the other end informed me that in November last year, I had been found liable, in absentia, for the offence of failure to notify the Secretary of State of the change of ownership of a vehicle (notwithstanding that keeper and owner are two separate terms, of course). Had I not sent the V5 off, I may well have expected this, of course, which is the very reason I sent it to them, quite aside from the fact that I didn't especially want tax reminders and speeding fines coming my way because of someone else's mistakes or disregard for the rules of the road. The lady I called listened to what I had to say, and sent off a message to somewhere indicating that I'd called and stated that I was not aware that I'd been summonsed at all until today, and advised that the fie will probably now be struck down along with the verdict of the court, and that I'd be required to make a statutory declaration regarding my being unaware of the summons and why... after which I would be re-prosecuted for the offence at a local court, giving me the chance to make representation. I have three issues with this... I have had absolutely no contact with the DVLA about any of this since sending off the V5c to them, and yet I can end up summonsed just like that, at the click of a finger? (having bought another car just after selling the old one, they have me in their records, and I don't have the most common of full names - they could have contacted me at the address to which my current vehicle is registered.) I am not well. Going to a magistrates court to defend myself against prosecution for something which I know damned well I didn't do would be most unwelcome at this juncture, and would be the perfect thing to set off my anxiety and panic attacks. At some point between 4 and 8 weeks away from now, I'm liable to be away from home briefly. Knowing my luck, this could be on any date that ends up set for any hearing, meaning that I'd be unable to attend in person. Does anybody have any suggestions regarding where I go from here with this issue? I did not commit the offence described (I sent the thing) but I'm seriously worried that I'm going to end up with a hefty fine I can't afford to pay.
  7. Hello people, I hope you can help me. Today I received a letter from a magistrates court summoning me to court for traveling on a bus using an expired bus ticket. The company is Nexus (Go north east) and included in the letter is a statement of facts, and witness statement written by the driver. The facts statement says that I : 1) traveled on a bus operated by go north east on that date 2) that during the course of the journey I was asked to produce a valid ticket for the journey now been (sic) taken (meant to say "being" i think) 3) I was unable to show a valid pass, but did show an expired pass which was not valid for travel on that day. In reality, this is what actually happened. 1)I boarded a bus, and showed the driver my pass, I GENUINELY did not realise it was my expired pass 2) he told me it was expired so I apologised to the driver and he confiscated my pass. 3) I then asked how much the fare was for the journey, but I did not have enough money for the fare 4) I apologised and LEFT the bus WITHOUT MAKING ANY JOURNEY. let me reitterate, the journey to which they refer to several times in the statement of facts never took place, I never travelled on the bus, the bus did not move 1 inch while this was going on So my question is, can I use this information as a viable defense? Is it worth writing to the bus company asking them to drop the case based on this? Or is it worth making taking it all the way and making a not guilty plea and defending myself in court? I am furious about this, and have read the laws under which they allege the offence was commited and everything I have read points to the offence being TRAVELLING without a valid ticket, which I clearly did not do I hope someone can help, its my birthday tomorrow and this is STRESSING me out to no end thanks
  8. long story edited highlights ... My mother claimed income support and council tax benefit in March 2010. The IS was turned down so appealed and reclaimed IS which was successful on second claim. The CTB was paid from when IS was successful. The IS appeal was successful and payments back dated to March. Council will not backdate council tax even though IS was received for that period. They have now issued summons for CT to obtain a liability order with the view to make deductions from earning / benefit or instruct bailiffs. Council has been phoned and the benefit claim handler wont take call or phone back to discus the case, council tax people say council tax is due until benefit has been calculated. The council were notified of the successful appeal 10 months a go and have stated they have evidence IS was not awarded for that period even though they have been sent entitlement letter and details of the appeal. Basically if they back dated the CTB to 1st April 2010 then there would be no CT due as per IS appeal Recovery team have said they are entitled to recover the money and its pointless turning up at the court as you wont get to explain this to the magistrate. were do we go from here ...
  9. Hi im looking for any advice anyone can offer regarding a summons I have received. I have just received a court summons for not having a tv license. The summons are not addressed to myself as it appears that they have spoken with a friend who was staying with me at the time. I am assuming that he did not let them in and they have claimed that they tested ch4, however I do not watch live tv as my property does not have an an external aerial or even an indoor one. I do not have a digital service or broadband connection and only use my xbox for games and dvds. Where do I stand? Many thanks for any advice in advance.
  10. I'm living in Haringey Council and am late paying my council tax (two weeks late) and I've just received a summons for nonpayment of my council tax. Can they do this without sending a reminder or a final demand? It's come as a bit of a shock. Any wisdom appreciated. Thanks.
  11. Hi All, this is my first post and can see that there are many more similar items in this forum, but thought it simpler to start my own thread. I yesterday received a Summons informing me I was needed in Court in March as I (apparently) failed to notify them that I had sold the car. Not only did I send the form off at the same time the new keeper completed his part well over a year ago we then did them same thing 6 months ago as the car was still in my name. The new owner then receives not 1 but 2 log books! At that point i thought the matter was dealt with, until yesterday! I have just spoken with the Prosecutions Department of the DVLA 0208 302 9331 (for anyone else who had to spend 20 mins on the phone listening to automated messages before being told to ring someone else) and they have told me that a Court appearance is now completely unavoidable unless I pay the £55 fine to fix their mistake. Though they were able to at least confirm I was no longer the registered keeper of the vehicle (Finally!). I have the new owner of the vehicle willing to appear in Court with me but I was REALLY hoping it wouldn't go that far. Does anyone have any advice? Thanks,
  12. Following on from discussions in the Legal Action -How to Start Off thread, I am compiling a collection of all the most informative and helpful posts on dealing with litigation. There are numerous excellent postings throughout various threads on CAG, but due to the passage of time and queries/posts in between, the valuable core information tends to get lost. My intention is to group the vital information together in logical sequence to form a step by step guide, all in one place. It will also be a good opportunity for original authors to amend or eloborate on their original (now uneditable) posts if they wish...just let me know. I take no credit for the intended content, all original authors and anyone who helps with the compilation will be credited. I would therefore be most grateful for any suggestions for inclusion, with direct links to the relevant posts (as opposed to an entire thread). The obvious place to start is with the Legal Action thread, so I'll get stuck into that. All other suggestions welcome! Many thanks, Elsa x
  13. I reside in Northern Ireland and am looking for some insights on the following. In November 2007, we took out a £65,000 secured overdraft, agreement signed in February 2008. This was a one year Agreement. We requested a further increase on this in June 2008 but were declined until we repaid the above when they would review our account. We repaid in July 2008 (in full, as per our Agreement) and sometime in October 2008 my husband remarked that they had obviously extended our overdraft. In June 2009 we met with our bank manager to discuss repayment. We explained our difficulties and it as left at that. We kept in touch via email updating her. In January 2010 our overdraft was abruptly stopped and we were hit with major bank charges which actually caused the overdraft exceeding its limit. We received a letter that they needed us to repay immediately. We called our branch manager re bank charges etc and she informed us that they had just become aware that they had extended an unauthorised unsecured overdraft. For a period our account was frozen and my own account was then subject to penalties previously never applied, a cheque for £64.00 was returned despite being covered by a cheque guarantee card and funds being in the account. We offered a repayment schedule (unacceptable) and a promisory of paying balance when property was sold (unacceptable). June 2010 Letter from solicitors - we reply reiterating our proposals July, August, - nothing (we were told by CCCS a court date could take 3/4 months) In July I lodged a complaint with Financial Ombudsman citing undue care and diligence by Bank and whilst we do not dispute liabilities they should bear some responsibility for their error. Letter from their Customer Care in September stated whilst they admitted their error the responsiibility was with us and state that the account was been managed by Asset Recovery Unit. Sept 17th (day after letter) a Custody Warrant stated that Court had been held on 9th August and a CCJ recorded. October 7th OCL issued and registered. We have of course put a stay on proceedings, informed F.O. and are now trying to hire solicitors via Legal Aid (so as to not to incur further debt) Creditors Solicitors state that a letter and Special Writ of Summons was sent to us at the correct address on 2nd July. We did not receive it as we would have most definitely lodged a defence but apparently this is not reason to overturn as summons is taken as served once put in a envelope and posted? Again, they said that they sent a letter on 11th August informing us of judgement. 100% not received either. It is indeed strange that two separate pieces of pertinent mail have gone missing but I am prepared to go on Oath to swear that they never arrived with me however Oath taking absolutely pointless, I believe I n the past we responded (at length) to any correspondence re this debt. Have I got a case. I do know that High Court Debt Proceedings are merely paper signing and the majority of cases go undefended but surely the 1% of us must have the right to do so? I really need some help on this beginning to despair as many views but no replies. The tiniest bit of direction would be appreciated.
  14. Hi all I always pay my council tax online - usually a few days later than the due dates, but I'm certainly up-to-date up to September. I only paid October's installment on 13th October (due date 5th), however, a summons arrived that very day, issued on 6th Oct - ONE DAY after the due date!! Naturally, I'm gutted, as I know Croydon Council has acted 'lawfully', as they had already sent me a final reminder earlier in the year (they only send 1 final reminder, the next thing is the summons) when I was a few days late. I feel they've been waiting for me to take a wrong step before pouncing on me with their full might. Having been in a similar situation before (due to another 'honest' mistake, I know that once you're nailed, you're totally cornered, as Croydon Council just would not budge, or show any hint of humanity what so ever, they're after the £107 'authority costs' that every summons brings - what a way to treat good, regular customers!! I'd like to know if anybody else has been in the same situation, and would love to hear any successful appeal outcomes. Thanks for reading, colourblind
  15. Hello all, i received a summons today and would greatly appreciate the advice of someone who knows what they are talking about. (Point three is my main concern/hope) Here is a brief summary: I have just recieved a magistrates summons, stating that on 10th January 2010 i was questioned between Surbiton and Wimbledon, having contravened railway byelaw 18(1) made under section 219 of the Transport Act, in that i did, in an area not designated as a compulsory ticket area, enter a train for the purpose of travelling on the railway without valid ticket entitling me to do so. A witness statement from a PCSO is also included in the envelope, including plea entering etc. No information is included as to how i can appeal. Just to state, fair enough; i was travelling with a Child Travelcard and i am 19 but at the time i literally had about £10 to my name. I would not do it out of choice but my journey was essential. So my queries/problems: 1. I have now moved up north and am absolutely unable to attend court on the 24th August. Can i tell them that i will not be able to attend, without just copping out and paying them the fine/costs? Perhaps to appeal? 2. In the witness statement provided by the female PCSO (she was writing in a notepad at the time of offence) It states: "At approximately 19.44 hours i cautioned him" "I explained he was not under arrest and was free to leave at any time" But im pretty much 100% sure that she did NOT state that i was "free to leave at any time", otherwise i obviously would have done so thereby avoiding this situation. Does it hold any bearing if she did not state this? Would i even be able to prove it? 3. The offence took place on 10th January 2010, but i have only received the summons today (12th August 2010). Now, it has been forwarded from my previous address, so we can assume perhaps 2 weeks delay at most from when it was supposed to be recieved. This still leaves a gap of more than six months between the offence and the issue of the summons. Is it not correct that there is a legal time limit which must be respected, between the time of the offence and the issue of the summons? Any help would be greatly appreciated as it was a real shock to find a summons on my doorstep when i am trying to start a new life for myself! Thanks in advance for any help Dom
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