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    • Hi,  Here's my draft and please feel free to give me suggestion: ========== Dear Sir/Madam, TFL case number: **** I would like to thank TFL for providing me the opportunity to explain my behaviour. I realised the stupidity of what I have done and wish to seek a resolution to this matter. I have no valid excuse for this action and I am extremely sorry and deeply regret my action. I hope you will accept my sincere apologies. Nothing can justify my action. I am aware that TFL are only able to operate if everyone pays their fare correctly and I feel so guilty about attempting to breach public trust. This has caused me sleepness nights and raised my anxieties. I have history of anxiety. This has been a hard lesson learnt. I have never been in trouble with the law in the past and I ensure that I won’t be in the future. I am and will be using my oyster card (PAYG). I would like to humbly appeal to TFL to allow me to settle this matter out of court and avoid going to prosecution given the adverse consequences it can have on me and my family. I am very concerned that prosecution for the first time and I would like to make restitution for my action. Having a criminal offense on my record will have detrimental consequences on me. I have always been a law abiding person and have no previous offences.     I would really appreciate if I can be given the opportunity to pay for any unpaid fares plus any charges and/or administrative cost which have been incurred by TFL due to this incident. I am sincerely remorseful and ashamed of myself, and I fully appreciate the severity and stupidity of my transgressions. Again, I would like to offer my sincerest apologies. Yours Faithfully, My Name -----------------------------  
    • My wife dropped my daughter off at a kids party space on a trading estate and didn't think to look for signs as she parked outside the establishment. We got a £60 (reduced early payment) fine. Although now the signs are to be seen its a lot of money is this something we must now pay? Attached is the notice and the signs. Looks obvious now but when you are driving to a party warehouse on a trading estate and looking for the place itself its easy to miss this and especially when it seems logical to park there and walk in. My wife was there for 30 minutes. Thanks in advance Sam          A4.pdf
    • That's such a perverse judgment its almost unbelievable Looks like totally ignored everything and just gave judgement on something that's not compulsory as in name a driver or appeal did judge confuse having to name a driver in a motoring offence case like speeding with the civil?
    • The OH had letter from Resolvecall regarding a very old LTSB debt at the start of the month. Knowing it was SB, I sent off the SB letter to Intrum who owns the debt. They responded to the OH last week when I was away. They basically said speak to Resolvecall and the standard letter, we'll pop to your house malarkey.... Just ignore as Intrum own the debt and from the looks of it have ignored the SB letter? The OH gets twitchy with these things, thanks PM.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Robinson Way: my first 'you have missed a payment' letter...


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I would keep your phone with you at all times. You don't want to miss any of their so important phone calls :rolleyes:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Have you notified them that you class the account as in dispute? How is it in dispute?

 

Yes. They sent me an application form from 2002 and terms from 2004. They haven't said either way if they believe it to be one document; if they try that I'll nail them for sending me a very poor cut-and-shut, but if they don't claim it to be one document the application form doesn't contain any prescribed terms so they're screwed either way...

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Send them this, amend to suit etc. :

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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They've had one of those. The chain of events was:

 

CCA to RW -> RW write saying they're looking for agreement

I write with the account in dispute letter

two months pass

RW send unenforceable agreement

I respond telling them this and that account remains in dispute

RW write and tell me they believe the information they supplied fulfills their obligations under the CCA and they are not prepared to enter into repetitive correspondance regarding the matter (lol) ->I write and tell them the agreement is not enforceable, that the account is still in dispute and they must cease processing information, etc. etc.

all quiet from RW

RW write informing me of non-payment and that they will continue collection activity

 

They say they're not going to engage in repetitive correspondance, I wonder if they'll stick to that? ;)

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Report them to TS and the OFT then for breaches of OFT guidlines and the CPUTR 2008 and also the IC for breaching your data protection :D

 

Request their complaints procedure and follow it through then report them to the FOS.

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