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    • the debt is statute barred. no to mediation.  
    • Just to clarify the position regarding the question as to whether a bailiff is legally permitted to seize a vehicle that is far in excess of the amount of debt requested.   In this case, the council tax debt at the time of the Notice of Enforcement was £500. Unfortunately, instead of contacting the company to enter into a payment arrangement,  the matter was left and had resulted in a bailiff making a personal visit and the debt has now increased to around £750. From your initial post, your car could be worth approx £5,000.    Vehicles are of course a preferred asset to seize. However, the legal position is that if the bailiff is able to gain 'peaceful entry' into your home and by doing so, is able to seize sufficient goods to clear the debt and bailiff fees, then he should not touch the car. If however, he is unable to gain entry....OR....there are not sufficient goods in the property to cover the debt.....then he is legally permitted to remove (and sell the vehicle).    You need to be aware that a £5,000 car would likely raise significantly less than this when sold. Enforcement agents sales are generally auction sales (usually online). Because it would not be likely that the vehicle is sold with a V5C (Log Book) or service history, this would affect its sales price. From any sale, the enforcement company would need to deduct approx 14 days of storage fees (this could be up to £40 PER DAY). Auctioneers fees would also be deducted.         
    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
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Can I be fined for not completing my journey?


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SWT and Southern both do cheap deals from London to the South coast which are much cheaper than tickets from my local station. If for example I purchased a return to Bournemouth its only £16 rtn from Waterloo from Woking its £30+, if I got on at Woking could they really fine me for not travelling far enough? Its not the cost of getting to London I have a season ticket for my commute it just seems stupid to have to travel 40 mins to London get on a train and then travel back via Woking to Bournemouth in order to save £15? The terms and conditions do state that you cannot join or leave at intermediate stations but in reality can/will they fine me if I get on mid journey?

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simple answer? :yes, as the correct fare would have been avoided.

train companies are encouraged to offer cheaper fares for lesser routes/branch lines etc.

To use another ticket with the intent of avoiding the correct fare due is an offence, but frankly it depends on how 'hot' the inspectors are on this route and how much they already experience people doing the same and whether or not there are barriers at your 'break' station.

 

It IS an offence, most definitely, but up to you whether you take the risk.

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simple answer? :yes, as the correct fare would have been avoided.

train companies are encouraged to offer cheaper fares for lesser routes/branch lines etc.

To use another ticket with the intent of avoiding the correct fare due is an offence, but frankly it depends on how 'hot' the inspectors are on this route and how much they already experience people doing the same and whether or not there are barriers at your 'break' station.

 

It IS an offence, most definitely, but up to you whether you take the risk.

 

The point is I have a valid pass to get on and off at the boarding station (woking) as I have a season ticket, plus I've already paid to travel to London on the same ticket. I just cannot see any logic making you do the same journey into London and then back out again to Bournemouth via woking in order to save money in reality it will probably even be the same train but then logic and the railway network do not go hand in hand.

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ah well: I'm no defender of the rather greedy and IME poorly managed Tocs, but to be fair to them most of these rules are made up by stupid government rules or the ridiculous privatisation process itself: but if there is a fare/range of fares for the journey you are making and you buy another fare to avoid the proper fare being paid then you commit the offence, regardless of the illogicality or morality.

as I've already said it may well not be possible to detect or prove very easily, although I'd suspect that a) the regular staff see this type of evasion quite a bit as you won't be the 1st to have noticed this seemingly attractive 'loophole', and they'll probably not accept an excuse of 'mistaken purchase'.

The staff tend to be 'regulars' on this type of journey, so nothing ever escapes their attention for very long!

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I think that it depends on whether the train from London actually stops at the station at which you board. The extract below from the National Rail Conditions of Carriage allows you to start a journey at any intermediate station - the usual rule is that the train must actually stop there, but check with the customer enquiries section of the relevant rail company. Why not e-mail them with your query and if they say ( in writing) that you can , then you should not be fined. A word from one who has suffered at the hands of ticket inspectors who don't know the rules - take a copy of the Conditions of carriage and a copy of the e-mail response with you when you travel - so that you can educate them on the rules when they try to give you a Penalty Notice or report you for prosecution.

 

Good luck

 

C. Use of tickets

 

16. Starting, breaking or ending a journey at intermediate stations

 

You may start, or break and resume, a journey (in either direction in the case of a return ticket) at any intermediate station, as long as the ticket you hold is valid for the trains you want to use. You may also end your journey (in either direction in the case of a return ticket) before the destination shown on the ticket. However, these rights may not apply to some types of tickets for which a break of journey is prohibited, in which case the relevant Train Companies will make this clear in their notices and other publications.

If you start, break and resume, or end your journey at an intermediate station when you are not entitled to do so, you will be liable to pay an excess fare. This excess fare will be the difference between the price paid for the ticket you hold and the price of the lowest priced ticket(s) available for immediate travel that would have entitled you to start, break and resume, or end your journey at that station on the service(s) you have used.

A ticket which entitles you to travel on the London Underground and/or Docklands Light Railway does not entitle you to break and resume your journey at any of the stations on these networks unless it is a Season Ticket or a Travelcard.

For the purposes of this Condition and Condition 11, you will be treated as breaking your journey if you leave a Train Company’s or Rail Service Company’s stations after you start your journey other than:

 

  1. to join a train at another station, or
  2. to stay in overnight accommodation when you cannot reasonably complete your journey within one day, or
  3. to follow any instructions given by a member of a Train Company’s staff.

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I think that it depends on whether the train from London actually stops at the station at which you board. The extract below from the National Rail Conditions of Carriage allows you to start a journey at any intermediate station - the usual rule is that the train must actually stop there, but check with the customer enquiries section of the relevant rail company. Why not e-mail them with your query and if they say ( in writing) that you can , then you should not be fined. A word from one who has suffered at the hands of ticket inspectors who don't know the rules - take a copy of the Conditions of carriage and a copy of the e-mail response with you when you travel - so that you can educate them on the rules when they try to give you a Penalty Notice or report you for prosecution.

 

Good luck

 

C. Use of tickets

 

16. Starting, breaking or ending a journey at intermediate stations

 

You may start, or break and resume, a journey (in either direction in the case of a return ticket) at any intermediate station, as long as the ticket you hold is valid for the trains you want to use. You may also end your journey (in either direction in the case of a return ticket) before the destination shown on the ticket. However, these rights may not apply to some types of tickets for which a break of journey is prohibited, in which case the relevant Train Companies will make this clear in their notices and other publications.

If you start, break and resume, or end your journey at an intermediate station when you are not entitled to do so, you will be liable to pay an excess fare. This excess fare will be the difference between the price paid for the ticket you hold and the price of the lowest priced ticket(s) available for immediate travel that would have entitled you to start, break and resume, or end your journey at that station on the service(s) you have used.

A ticket which entitles you to travel on the London Underground and/or Docklands Light Railway does not entitle you to break and resume your journey at any of the stations on these networks unless it is a Season Ticket or a Travelcard.

For the purposes of this Condition and Condition 11, you will be treated as breaking your journey if you leave a Train Company’s or Rail Service Company’s stations after you start your journey other than:

 

  1. to join a train at another station, or
  2. to stay in overnight accommodation when you cannot reasonably complete your journey within one day, or
  3. to follow any instructions given by a member of a Train Company’s staff.

 

The T&C for the cheap tickets do prohibit breaking or starting the journey anywhere other than a london terminus. I did email SWT 6 days ago asking why, but they as yet have not bothered to reply.

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