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    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
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court summons for no tv licence


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some time ago a tv licence officer knocked on the door he said to me that i should take a payment card off him to pay for a licence and he said i would pay between 2-3 hundred pound more a year using this card, i said the licence is 146 pound and i would not be paying any more than that and i shut the door. he went to his car then came back to my house and banged on the window, this annoyed me and i ignored him as i would have throttled him had i gone outside, he then continued to bang on the door for few minutes and appeared to be writing things down.

Anyway, ive just recieved a court summons and his statement reckons he cautioned me and then i slammed the door but he did not caution me and he also states i was watching the simpsons on c4 how he can say this on a legal document i dont know, the tv wasnt even switched on and he had no access to my house to see my tv set. i dont deny watching tv without a licence but how can i prove this man is not telling the truth?

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While I'm no lawyer, in theory it should be up to the prosecution to prove their case. It would be interesting to see what has happened in previous cases, but if it comes down to his word against yours, why should his word constitute proof and yours not? In other words, as far as my understanding of the law goes, it should be their task to prove that you are not telling the truth, not vice-versa.

 

Prisoners Voice - The walls have ears we have tongues: TV Licensing abandons case against unlicensed TV owner

 

More information here.

 

Dealing with TV Licensing - the TV licence "police"

 

But since you don't deny watching TV without a licence, where do you want to go with this? Have him convicted for bringing false evidence? In which case, the prosecution would have to win their case, and disprove his claims.

Edited by Annoying Twit
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i dont mind being convicted for not having a tv licence, its just that i DO mind having some jobsworth making a false statement against me, he probably did it as i shut the door on him and wouldnt answer the door to him when he was banging on my window, which i think was rather rude.

i would like to have him convicted for bringing false evidence as his statement should be true and instead of it being read out in court would it make any difference if i request for him to give evidence orally in court, could i not have his statement cross examined?

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As I said, I'm no lawyer, so this is just empty theorising. But I think you would need very hard and fast evidence to take to the police/CPS if you'd like the Crown to prosecute on your behalf. And even then they might think it not worth it. A quick google shows that there are some examples of people bringing prosecutions for perjury, but that's a more serious crime (I think) than what you have.

 

Again, I'm no lawyer, but if you're pleading guilty to the charge, where would the opportunity to cross-examine the "inspector" come from?

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so this licence officer can just say what he likes and is accountable to no-one thats just great.

 

i just thought that these people should be honest, i could change my plea to not guilty (its not been entered yet) and say i have no tv. what then?

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i just thought that these people should be honest, i could change my plea to not guilty (its not been entered yet) and say i have no tv. what then?

 

Then if you say so in court, you're technically guilty of perjury, which is a serious crime. I don't know what the chances are of you being pulled up on it are, but I wouldn't do it.

 

electron99 mentions the caution not being signed. I don't know if you can make a formal complaint about procedure not being followed, and if so, to whom. But that line might be of most interest. After all, there is now evidence that he said that he cautioned you, but he can't produce the signed form.

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When I was caught watching TV without a licence and got a court summons - friends at worked recommended just accept the guilty plea and accept the fine when it arrives (usually the minimum fine). Do not go to the court as, at that time, the magistrates would question the defendant and tear them to shreds and the fine would be increased dramatically.

 

Depends how much hard time you want.

 

John

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