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Found 63 results

  1. Hi, after CCA'ing my creditors as per advice here in an earlier thread back in October one of my main DCA's (Wescot has responded - took them a while!) They are saying they have sent me my original agreement as requested and have now passed the debt back to Lowell who they were collecting on behalf of? is the CCA a valid copy? The original creditor was HSPF (home shopping personal finance) Not sure if i should get back in touch with Lowell and start arranging payments again or not Any help appreciated as always, i have uploaded copy of what Wescot have sent me.. next steps for me? file_1_pdf.pdf
  2. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  3. Help, Please can anyone advise me where to turn to. I bought a 3 year old approved used Mercedes from a Mercedes dealership on Dec 22nd 2017. I was told verbally that the car was being MOTed the day prior to my picking it up and I was giving paperwork listing the MOT date as Dec 22nd 2017 - Dec 22nd 2018. I was overseas for a while in Sept / Oct and left the car in airport parking. Whilst I was away my car was damaged with some scratching to the bumper. I returned to the UK and amongst the admin I had was a reminder for taxing my car. When I tried to do this I realised my car had no MOT. After multiple enquires with the dealership I have only been able to establish that the MOT expired in April 2018 and no one is able to tell me how this happened. To make matters difficult the dealership I bought from has changed ownership and the car was actually supposed to be MOTed in a different dealership as the car was not located at my local branch when I enquired about it. I have written confirmation from the dealership I bought from that the MOT expired in April 2018 and an apology. I raised a complaint with Mercedes asking for an investigation and hoping to find out what had happened and ideally correct the issue if it was an admin issue. I have got nowhere, Mercedes customer service immediately sent me a final response saying there was no harm caused. I pointed out I could not claim for the damage in caused in airport parking as I had effectively been uninsured. I also pointed out that I was very worried about the fact i had unknowingly been driving uninsured for several months. I got another final response which was very rude and again closed the matter. I asked to speak to the person who was writing these emails and they have refused my calls. I have written again and got another response saying Mercedes maintain there position - I do not understand what this position is. I am bewildered by all of this. I have written to the ombudsman but I think this process takes a while. Can anyone help me, do I have any legal rights here. I have documents saying my car had an MOT until Dec 2018 when I purchased it but it only had an MOT until April 2018. If I had been in serious at fault accident I would have been uninsured, if this had involved a personal injury claim I could have lost my house and if I was prosecuted for driving without insurance I would have been suspended for a minimum of 6 months from my job. I have not yet managed to sort out the damage to my car as I haven't resolved this issue so my insurance is still invalid. Any advice would be greatly appreciated. Thank you in advance!!!
  4. When I was caught using my mom's freedom pass, 'the caution' was read to me AFTER I answered all the questions and was asked to sign the notes. I was NOT asked to review the notes just to sign. Is it how it is supposed to be done? After the questions and my signature the caution followed and I just felt sick. The officer offered free legal advice but I refused because I was mentally and physically unable to continue. Can I still request free legal advice should I go to court? I think I wasnÂ’t informed that I DID NOT have to answer the questions WITHOUT legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway... but: Was the caution read to me legally in this order? Should I mention it in my apology letter? With a case number saying to fill in the form on the reverse of the letter with plead guilty or not guilty within 10 days – no intention to prosecute yet. I intend to plead guilty because I did commit this offence. If I accept committing the offence I need to provide any exceptional reasons as to why they should not prosecute me. They stopped me just after I crossed the tube gates at Northolt station so I didn't have a chance to actually make any journey. After all the questioning they let me out and I went back in using my credit card. I only have 4 days to reply as I only received it today (I was checking the post ever since the incident – it took them only 4 days to write it to me – is it a bad sign?) so I only have a week to reply L. So please can you help me understand: What the legal consequences will be? I am talking about worst case scenario. I am pretty sure I will be prosecuted, will be given a criminal record, huge fine (how much do you think?) but will not be jailed as this is my first offence? Or am I wrong and can get to prison? Will my employer need to know? Will I get fired? If this happens can I appeal and how? [*]My exceptional reasons (I guess these are the mitigating circumstances) is my mental illness. I have suffered from depression, anxiety, associated disorders and side effects caused by being on antidepressants for about 10 years – all is GP documented. As a result I have suffered from frequent serious disorders – just imagine the worst for a depressed person as I donÂ’t feel like providing such details. In addition I recently started a therapy to stop smoking and the side effects of the medicine are severe and are not helping my mental state. Especially the last 2 years have been very hard for me, I lost my job, my person life crumbled, I had difficulty getting out of bed and so onÂ… and finally 3 weeks ago I found a job (which again added a lot of stress as I want to keep it at all costs) and I was caught only after 2 weeks of working. [*]I was asked if it was my first time: I honestly donÂ’t know and this is what I answered. My mom and I keep exchanging bags and stuff and I have been too stressed out to check which card I had in my bag – they have the same cases. So the worst case scenario is that I have been using it since January/February this year but irregularly like 1-3 times a week or weeks of not using it at all. [*]‘the cautionÂ’ Was read to me after I answered all the questions and was asked to sign the notes. I was not asked to review the notes just to sign. Later came the caution and I just felt sick. He offered free legal advice but I refused because I was mentally and physically unable to continue. I think I wasnÂ’t informed that I didnÂ’t have to answer the questions without legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway but: Was the caution read to me legally in this order? I.e. after I answered all the questions and was asked to sign the notes without reviewing them? ​ [*]Apology letter I intend to write everything that happened, the card/bag mix up, my mental issues, plead guilty, apologise, ask not to be prosecuted, not to get a criminal record, settle out of court, offer the payment of all the associated fees and penalty etc. Does it sound right? Should I add something about the caution that to me should have been read at the beginning? Should I add anything else to help my case? ​ Thank you very much for reading this! As you can imagine I am losing my mind, I am scared, terrified I overmedicate so that I donÂ’t have to thinkÂ… any words of wisdom will help so please, I am begging you help me if you can.
  5. Hi, This morning i was travelling from Kent into London - i have a monthly travelcard which allows me to do so, just not valid on the high speed into St Pancras. I was running late for work and missed my usual train and decided to jump on the high speed and hopefully see if my travelcard would get me through the barriers. Obviously my ticket didn't allow me through, i panicked (as it was getting later and later) and decided just to tap through the barrier, at this point i was stopped by two undercover ticket inspectors. They looked at my card and realised it was not valid on High Speed and they went through the process of writing a statement and taking my details etc to pass onto the South eastern prosecution. My question is: As i had a semi valid ticket (just not on the HS1) will they take that into consideration? Or is non-valid seen as non valid. I have just moved to Kent and in the first month of moving there i got two fines from Greenwich which i paid off - will these previous incidents be taken in consideration when they decide whether to prosecute or will it be a case by case basis? I have written a letter and provided details of my travel card and apologised for my lack of judgement and offered my sincerest apologies. Should i wait in sending the letter until i receive the prosecution letter or shall i send it straight away now? Any help would be really appreciated. I feel so stupid as my entire purpose of getting this high speed was to make it into work on time the irony is i was an hour late and now got this looming over me!!
  6. Hi everyone, I am a single parent of 2 children (2 years and 2 months old) which I take to the park every week. I don't have a lot of money but still I go to and pay for parking every week in the same place (Willen lake in Milton Keynes). What happened on this occasion is that after I placed the ticket on the dashboard, I then had to get both my children out as well as the push chairs and so on out of the boot. Whilst doing that the ticket must have been blown over on to the seat as it was a windy day. When I got back I found the ticket upright on my seat after returning to the vehicle. The company is an IPC company called Napier Parking Ltd and I was issued with a Fixed Charge Notice. I contacted them immediately and showed them photos of my ticket and explained my case to them. They replied by rejecting my claim and showed me pictures of my car (obviously not my car seat) and said I could try contesting this by contacting the IAS. I appealed for this case through the IAS and was absolutely dumbfounded by the "independant" services response: " In all Appeals the Adjudicator is bound by the law of contract and is only able to consider legal challenges and not factual mistakes nor extenuating circumstances. Once liability has been established only the Parking Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. In this case the parking charge was issued because the Appellant parked his car on private land without displaying a valid P&D ticket in the front windscreen or on the dashboard as is required. The Appellant maintains that he bought a ticket which allowed him to park there that day prior to the issue of this parking charge at 13.53. The ticket provided by the Appellant does not show the time when it was issued but the cost of £2.40 should be able to confirm whether it was before or after 13.53 which would have an impact on his mitigation. The responsibility for making sure that a P&D ticket was properly secured in place so as to be able to be read is the motorist's and even in windy conditions that is still the position as well as with the difficulties of coping with young children. However much sympathy one may have for the Appellant this is not a matter of law which is the extent of an Adjudicator's remit as set out above and as a result this Appeal must be dismissed. " I am now in a position where I can no longer appeal anywhere nor can I pay the reduced fee. It really makes me angry why I must still pay the fine even though I have a valid ticket and also why I am at fault in the adjudicator's eyes for not having a ticket which shows the start time . .. I mean, the company who prints the tickets should be at fault there right? As for the parking company, these are simple reasons why I feel their actions are simply to make money off of fines: 1) Why am I not allowed to show you them my valid parking ticket which should still be proof of payment after being accused of not paying? 2) Why is there no start time (ticket issued time) on their tickets? 3) Why don't they have a system which makes you enter your registration number? 4) Why don't they have the sticky backs on their tickets? Does anyone have any suggestions? My fine needs to be settled by 02/08/16 and is £80 Thanks in advance!
  7. hello all, i have a valid gas safety certificate until November the 3rd 2018. my landlord(local council) uses a heating company for the gas safety check,... they are being very overzealous and have been calling to do an 'ANNUAL' gas safety inspection since the beginning of August...this seems very strange as its 3 months early and they know it expires in November.?? I have came home and received calling cards when I have been out and on one occasion a calling card was left when i was on holiday...as it was August. today i received a letter from the council saying they are taking me to court to apply for a 'warrant to authorise entry'? I would like to know if i can attend the court hearing (to show the certificate) and also can they do this with a valid gas safety certificate in force? thanks, Sonia.
  8. Hi there! I would like to ask for some advice. I found a similar case (same place, same issue) to mine in this forum and would like to know what was the outcome. Or I'm looking for some solution from someone more clever than me. I parked my car in the St Stephens car park in Trowbridge end of May. I purchased my free three hours ticket (still have the ticket) and put on the dashboard in a visible place. Shutting the door moved the ticket further down and fell under the windscreen wiper (not fully visible, but definitely there). I had an hour meeting at Nandos (I'm a manager there) and when I was leaving I realised I got the yellow bag with a parking charge. I appealed straight away. UKPC rejection response came three weeks later. I appealed with POPLA risking my parking charge to be £100. POPLA closed the case today with another rejection. Im a manager at Nandos, work in Trowbridge restaurant quite often. I am fully aware of the rules of that particular car park. My girlfriend is from Trowbridge, we visit the cinema and town shops and we always use this carpark. Why wouldn't I purchase a free ticket and risk a parking charge if I know the rules? I could pay the £100, but I don't think I have been treated fairly in this case. I just don't feel I did break the rules of that car park. Don't think it's okay. My question is: - What shall I do next? - Do I need to be worried if I decide not to pay? - How likely is me to go to court? thanks for the help, it means a lot
  9. Hi, question - how long is a warrant of control issued for an unpaid council PCN valid for? I thought it was 12 months but the relevant bits of CPR 75.5 have been struck out (I can't post a link as I'm new, but if you google CPR 75 you'll find it) so I think the law might have changed. Any ideas?
  10. In Oct 2009, my ex-husband signed a personal guarantee to cover an existing business overdraft of £140k for the right to borrow £60k more from NatWest which the bank knew was due to pay credit card demands. The overdraft was totally unsecured before that. His business had clearly been failing for some time and they pressurised him to secure their previously unsecured lending. It was an extremely stupid decision on his part but we now know that he was succumbing to mental illness, from which he has never recovered. He broke down at the signing of the PG and was clearly in no fit state to make any decisions. I have copies of his emails to the bank saying that he considered that he had been co-erced into signing. I am now losing my home to a bankruptcy trustee who cites this PG as the major debt and is forcing a sale of my home. I also lost my husband, of course. Here is my question - the bank pre-prepared all the documentation including legal advice waiver and minutes of company meetings which didn't exist. They wrote the PG in our joint names. I was never told about it and was never advised to get legal advice etc. NatWest has admitted that they knew I would object to my home being formally taken as security. The place for my signature was struck through, although my name on the document was not erased, and the PG was processed. Some days later, the bank bounced a payment to a major supplier which probably put the final nail in the coffin of the business. They apologised but the damage had been done. Apparently, several weeks later they signed new documents just in his name, but the PG was already underway by then. I didn't know about the PG until June 2010, when it was too late, and I didn't know that the original PG had my name on it until a year later, when I found the paperwork. Can I contest the validity of the PG? Is what they have done strictly legal?
  11. Hi everyone. I'm a new member on here. I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem. Briefly, in September of last year I agreed to rent a property with a private landlord. I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in. But I needed somewhere to live quickly and my mother paid the deposit. The rent was to be paid by housing benefit. There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc. I paid the deposit in cash and received a receipt. After several weeks the landlord had not repaired any of the above despite my texting and phoning him. At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through. He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back. I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent. I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money. I then found out online that the deposit should have been protected. I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it. He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc. I realise I'm rambling on. What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit? Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place? Did the agreement lose any legitimacy when he failed to do that? I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court. All I want is my deposit back. Nothing else. He has since had the back payments up until the time I left the property. Any advice would be much appreciated. Thanks
  12. Got PCN at hospital in NI. Ticket says no valid disabled badge on display. Disabled badge was on display and was visible in my opinion, though which side was up I couldn't say due to extreme stress. The badge belonged to registered owner who was in hospital and who in fact passed away a few hours after the ticket was put on the windscreen. The registered owner was not the driver but there was a key family member who was a passenger with mobility difficulties and so one of the disabled bay spaces was used. This is brutal and I am wondering how to address this as quickly and easily as possible without having to disturb those affected in the deceased estate. I am a very close relative and this very upsetting. This happened in the last week. How do you suggest I proceed on this. Thank you.
  13. Dear all, I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years. In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis. Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time. The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'. The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible. I am not clear on whether or not explicit consent was needed here. It seems to me it was. I should be most grateful for any input.
  14. My son in law received a PCN dated the 3rd January 2017 as a result of an alleged infringement that the Council say occurred on the 6th December 2016. A that is either 28 days delay or 29 if you include the contravention day before the issue of the ticket, not the serving of the ticket, is that grounds for challenging the PCN please?
  15. Once again my dad has managed to get a parking ticket and it's up to me to sort out. Last time it was all sorted thanks to the help on here Basically they've sent my dad a letter saying he entered a pay and display car park at time X and left at time Y on the 29th December, approximately 90-100 minutes apart, and that he wasn't displaying a valid ticket. The letter only has pictures of his car licence plate, no pictures of his dashboard showing either no ticket present or a ticket that didn't have sufficient time purchased. He insists he bought a ticket and, being almost 2 weeks ago now, has obviously binned the ticket. I've started the EuroCarParks internal appeal process, saying that a ticket was purchased and they have not provided any proof that no ticket or an invalid ticket was being displayed. I fully expect this appeal to be denied (Do these private parking companies ever allow internal appeals?) and so it will go to Popla, at which point I'll present the same argument along with the argument that the operator has demonstrated no Genuine pre-estimate of loss. Is there anything else I should be prepared for with putting together the Popla appeal when the time comes? The previous instance was in a free car park so slightly different to this entirely pay and display one.
  16. Hi Guys, Really hoping someone can help me with this as have read several forums now and I'm really confused/worried on what I should do next. I'll give an overview of what's happened and have also answered the questions suggested in other threads below.. .if someone could please help me with this I'd be really grateful: A few weeks ago on 2nd June I parked on what I thought was a side street, there were double yellow lines on the main road and the double yellow lines stopped at the entrance of the side street. There was an office on the left to where I parked which had a gated entrance and a sign attached saying "Private Property" which looks like the area beyond the gate is private. On the left hand side of the road there were also yellow hazard/no parking cones. On the right hand side (the side that I parked on) there were no cones and no signs either. There were also no signs at the entrance of the street which is why I believed it to be a public road. On the right hand side a few yards from the road there is a warehouse type building with "Private Property" signs on its wall, between the wall and the road there is a wooden barrier and between the barrier and the warehouse wall there is an area for cars to park which looks like a private car park for the warehouse which gives the impression that the private property signs are for this area. I parked here for 15 minutes upon my return found a sticker stuck to my drivers side mirror, telling me I've been issued a fine and to contact the number provided for parking advice. I called the number and it put me through to Leeds City Council who then confirmed they had issued no fine. I threw the sticker away assuming it was someone trying to scare monger. A week later I received the attached CPM Letter 1. The letter says I was being charged for not Displaying a Valid Permit but it wasn't clear that you had to display a permit to park on this street and the photos they've taken are at a weird angle. I then looked this up online and sent a letter back to them which was recommended on one of the forums I read, please see attached Letter sent to UKCPM. I have received a letter back and I now don't know what to do next, please see the attachment CPM Letter 2. They haven't answered any of my questions and refer me to a website to review the photos they took online. The information on this is slightly different as online it says the time of issue is 14:29 but the 1st PCN letter says 14:00. 14:29 is definitely not correct as I was back at my car by 14:20. On their signs and 2nd letter to me they've referred to being members of BPA but in the first letter they've referred to IPC. On the BPA site they don't appear to be members. Please can someone advise me on what I should do next, this has never happened to me before : '( I hope I've given enough information. I have some photos of the street where I parked which I'll post below. For tickets received through the post (Notice to Keeper) please answer the following questions: 1 Date of the infringement – 02/06/2016 2 Date on the NTK – 08/06/2016 3 Date received – 13/06/2016 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? - NO 5 Is there any photographic evidence of the event? – YES – please see letter attached (CPM Letter 1) 6 Have you appealed? Have you had a response? I’ve not appealed but I have sent a letter requesting more information and received a reply, please see attachments Letter sent to UKCPM and CPM Letter 2 7 Who is the parking company? – UK Car Park Management (CPM) 8 For either option, does it say which appeals body they operate under. There are two official bodies, the BPA and the IAS – YES its IAS 9 If you have received any other correspondence, please mention it here – no further correspondence as yet. Attached are photos of the entrance to the side street where I parked and different views of where I parked. Attached is another photo showing the entrance to the side street from the main road, Private Property sign, warehouse, the land that looks like a private car park outside the warehouse next to the side street and the gated entrance with the sign on the gate. I hope these photos help. CPM Letter 2.pdf CPM Letter 1.pdf Letter sent to UK Car Park Management June 2016.pdf Pics 1.pdf
  17. I defaulted on a debt in 2006 but the bank did not register the default with the CRAs. I paid them reduced sums through the CCCS. In 2008 I came out of the CCCS and paid the bank direct. I received the attached letter. No Final Demand received but it was managed by Metropolitan. Is it a valid default notice? I continued paying First Direct what they were asking for but in 2012 commenced much reduced, token payments. At the end of 2012 HSBC marked my credit files with details of the account as an Arrangenent to Pay. Is the 2008 letter a Default Notice? If it is, does this mean that the account have been removed from my credit files after 6 years? first direct.pdf
  18. Hello everyone, I've had a County Court claim form sentfrom Northampton CC. The claimant is Cabot Financial (UK) Ltd acting via Restons Solicitors and quoting an Opus credit card reference. Putting those names into Google brought me straight here so I hope someone can give me some advice. I had a Capital One credit card a long while ago and assume that the £5k odd debt has been passed around, I've also had a number of letters and calls from Cabot which I have ignored over the years. I'm aware that if you make no contact with a lender for six years the debt becomes statute barred and my time is up next May so I've been keeping quiet for a while. This is probably why they're getting heavy now. My question is over the name on the claim. They have addressed me incorrectly so does this make legal proceedings unenforceable? It's as if my full name (as on the creditcard) is Fred Steven Bloggs but through a clerical error on the debt collection forms they've renamed me Freds Bloggs. It's a small error but surely legal paperwork should be correct. What do you think I should do now? Sendit back as the defendant is not known at this address, admitliability but negotiate a small pay off or just ignore it . They will know as well as I do that they have to do something in the next six months if they're going to get anything repaid but I'm not sure if aresponse will wipe out my five and a half years of ignoring them. Any advice will be gratefully received. Desparate Des.
  19. When I was travelling on the train this morning, I was using my laptop. I wasn't paying much attention to what was going on around me, when I noticed that the train was almost in the station. I quickly rushed to put my things away, when the ticket inspector decided to start doing his rounds. While I was in the middle of putting my stuff in my bag, he asked to see my ticket. I explained that I was about to get off the train. I continued to put my stuff away and as the train pulled into the station, I flashed my ticket before alighting. I barely made it off the train in time. As I left, he shouted out to me that I was on CCTV and he would be taking action against me as, even though I eventually showed him my ticket, I didn't show a valid ticket when asked. I don't think anything will come of this but, if it does. Is there anything they can do here? At the end of the day, the ticket inspector waited almost 20 minutes to start doing his rounds. Had he done them at the start of the journey, I would have been able to show him my ticket. Waiting until the train was about to pull into the station was inappropriate and I wasn't the only one in the carriage who was unable to show him a ticket due to his timing. Had I stopped putting my things away to show him my ticket when he originally asked, I would have missed my stop and had to travel to the next station to catch a train back. I would then have been travelling without a valid ticket.
  20. How long is a assured shorthold tenancy valid for one the original 12 months have run out ? Reason i am asking is another person i am helping has been given a s21 notice to quit followed by a n5c claim form for property. The original ast was for a year. Then it was signed up for another year but no paper work exchanged hands. Now in the paperwork provided with the summons the deposit has been protected till the tenancy ends it second year. Two questions 1. Is the s21 notice valid ? 2. The deposit although again protected seems to not have been protected with in 30 days of the satrt of the second year. How can i find this out.
  21. Dear forum users, I hope I can gain some useful advise here as I can't afford proper legal advice. Story goes: I took a train from Llandaff to Cardiff Central (3 stops £3.60) for the local beer festival. Spirits were high and my mind wasn't on the ball. The ticket office was closed at Llandaff so usual run of business is buy on the train or at Cardiff Central. This train the conductor went back into his cabin and so I could not buy a ticket. When I got to Cardiff Central I asked where can we get a ticket bacause there was no ticket office open. Was directed to unpaid fairs desk. This is where I did things wrong big time. I claimed I came from Cathays. 1 stop after Llandaff. 60p cheaper. My normal run to work is Llandaff>Cathays. I claimed ticket office was closed. They called the station, station said they been open all day. During call I realised I wasn't thinking straight and said I came from Llandaff, but still ticket office was closed. I offered to pay the full fair but the officer said it was pointless as I was going to have to pay twice. So I didn't. This was all taken down in a statement and I had to sign it. Letter came few weeks later, I responded giving my story of events, apologised firmly stating that I had every intentiont to buy a ticket but put my hands up for confusing Llandaff and Cathays stop. I also offered to pay the full fair and wished not to waste anymore of their time. I'm a regular user of the service and always pay. I still have a Llandaff>Cathays rtn ticket for that day. I hold my hands up, I've done wrong I've been informed I must respond to the threat of court proceedings within two weeks before it progresses. I've no criminal record and I don't want to get one because of a stupid fib and 60p. Am I being paradoid or is what I did that serious? Any adivse on how to proceed would be much appreciated.
  22. Hi there everyone on CAG. I've read lots of threats on here, which have been full of very useful and invaluable advice, but I couldn't find anything very specific to my query. I'm hoping my thread will help people in the future with the same question. I'll quickly describe my situation. It goes like this: Basically, it's exactly what I've been charged with. I was on the London Underground, I didn't have a valid ticket, I got caught by a ticket inspector as I tried to exit the station who then asked for my details. I am not going to cry and whinge about my financial circumstances and any personal drama that led me to not having a proper ticket because; I deserved the outcome. It's all my fault and I deserved it. I didn't have a ticket, I used the trains unlawfully, I got caught by an inspector, I got sent a Court Summons, I returned it with a Guilty Plea, I got a hefty fine, I paid it all off in one go and the case is now officially closed and I've learnt a lesson to remember. What I would like to know is about is the charge I have been convicted of. I was only charged by TFL/the courts with this charge: 1: Byelaw 17(1) - No person shall enter a compulsory ticket area unless he has with him a valid ticket. On my 'Notice of fine and collection order' it is worded slightly differently, like so: 1/ Enter a compulsory ticket area on the Transport for London regional network without a valid ticket I am quite confused on the implications of this. My general understanding from what I have read is that, on the grand list of fines and charges that Rail Networks can hit you with, this one is quite 'minor'. There is generally no defence against it in court because it's a black and white issue. Either you had the correct ticket for the train stop you were getting off at, or you didn't. I have been told it is a 'Strict Liability Offence'. I have also read that Byelaw 17(1) is a 'non-recordable' offence and Byelaw's don't show up on Criminal records, except on enhanced Criminal Record Background (CRB) check's. My questions, which, again, I hope can also help other people, are as follows: 1: What is a 'non-recordable' offence? Does it show up on Criminal Record Background check's? 2: Again, from what I have read numerous times on different forums/articles I have seen that Byelaw offences 'may' show up on an Enhanced Criminal Record Background check. What decides whether or not it 'may' show up? Does it depend on what type of Byelaw offence it is? 3: Are TFL Byelaws any different to Railway Byelaw's offences? 4: What makes Byelaw offences different from, say, the Regulation of Railway offences? Is there a difference in the level of seriousness of the charges and conviction implications between the two? Finally, 5: Certain countries I want to travel to in the future require a visa and also a Criminal Record Background check (Australia, Canada, USA etc...). For this, I will need to provide a 'Subject Access Report' from the Police which shows all the information held about me on the Police National Computer (PNC). Will my Byelaw17(1) offence be held on the PNC? Thanks for any help and advice!
  23. Hi I had a call from my car insurer saying that I haven’t paid anything towards my policy for last 6 months, although I have a valid policy. I had a DD setup with them from my last year's policy, but obviously they have done something wrong and cancelled the DD during my renewal and kept my policy valid, only to find out 6 months into this year's policy. Now they are asking for last 6 months payments to be paid in 2 drops (which is their payment plan), on addition to start the monthly DD as of this month. Just to add to the mix, I had 2 accidents last January in which were still under investigation at the time of my renewal (Last April), so they dropped my NCB and gave me a higher premium until the 2 accidents are declared non-Fault then after I could request back a recalculation for the policy and can get some money back accordingly. Now the 2 accidents are declared non-fault and my NCB is 4 years. As this the insurer fault I told them that: I need them to recalculate first the policy again based on NCB for 4 years. I need the last 6 months to be re-planned over a 12 months period so I can afford to pay, and not to be paid on 2 payments as per their payment plan. I confirmed that I am willing to pay the last 6 months. They will get back to me within 2 days, however they assured me they won’t cancel the policy. Can you please advise: am I doing the right thing? I had colleagues advising me that I am not liable to pay the last 6 months as this is their fault, and they can’t come after me for the money, so is that true? I am feeling uncomfortable doing that anyway, but would be good to know as I am negotiating with them. Can I leave them and go for another insurer? Or they won’t give me documentation proving my NCB? Please help. Thanks
  24. Hi All, Apologies if this sounds like a daft question but should a NOA contain certain wording to be valid? The sentence I am interested in is as follows: 'has assigned all of its respective rights, title and interest of the above referenced account including the outstanding balance to....' Thanks.
  25. Parents in private rented property were given s21 notice as landlord wanted to sell. Daughter has been trying to get a mortgage to buy the property and in the meantime the parents have stayed put with the landlord's permission. Notice expired over 2 months ago. The sale is taking longer than the landlord would like and they are threatening to pull out. If they do, will they have to issue a new s21 notice? Am I right in advising that the parents are under no obligation to allow access for viewings etc whilst they are still living there?
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