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    • I don't have any doubts but that if they have breach the contract then they must leave you in the position that you would have been if the breach hadn't occurred. This means that the very least that you shouldn't be out of pocket at all – and in fact if you incurred extra losses having to remedy their breach – by making other arrangements then I think you should be entitled to this as well.
    • On a side note -  I expect Barclays to extend the contact time to the week after. Only because your case isnt a simple one to deal with and they may have to do further investigation.  Let us know what the Adjudicator says... Remember this - The FOS in recent memory have become a dog with no teeth...  
    • CCA is not re-setting the date it is a right?   no CRA showing how can they report a non existent account which is not showing, pay them and if it was then it would just show partially settled and still be there killing your score for 6 years letters may this/that and the other are just threatograms used by the office junkie, Cabot know this,  sit on your hands and stop seeing what is not there"!  Statute Barred is Final end of sure Dx  will respond as well
    • I booked a one way flight online for my wife and I with Ryanair in December '19 for a flight from Spain to UK in August '20. The flight confirmation showed that the cost of the flight was €145.68 and that my card had been debited £133.01.  I don't recall being given the option of choosing to pay in euros or GBP but it is possible that I was.   On 5/2/20 they contacted me to advise that "Due to the non-delivery of the Boeing Max aircraft this summer, please be advised that there has been a significant time change to your Ryanair booking". It was in fact much more than a significant change in that it was a cancellation of a flight on that day from that airport which had been tailored to fit our preceding travel plans so I just asked for a refund, as I could not find a suitable alternative with Ryanair.   The refund was processed and Ryanair sent me an email stating, "We confirm that your refund request has been processed back to the form of payment used to pay for your booking. Your issuing bank will take 5-7 working days to process this refund amount back to your account. The amount refunded to your credit/debit card is GBP 133.01"  When I checked my bank account I saw that they had refunded me €145.68 which when exchanged left me £119.58 leaving me £13.43 out of pocket.  On contacting Ryanair they said it was my bank's fault and not theirs as they refunded the full amount paid.  My bank advised that Ryanair debited my account originally in GBP therefore they should have refunded this amount in GBP.   I made an official complaint to Ryanair which they have rejected stating that I was in breach of their General Conditions of Carriage by not selecting the correct payment option.  I feel that because they did a currency conversion on payment and debited my account in GBP that they should have refunded the GBP amount that they took.   I also wonder how many others has this happened to and I smell a large rat. Could anyone offer any views on this, and/or if I have any comeback and where I could take it please?
    • So I received a further letter and a phone call from Ruthbridge yesterday offering a 70% discount and through a lot of waffle go on to say verbatim (I hung up the phone without admitting who I am):   "If you fail to contact us... we may return the account to our client (cabot?) who may look at alternative activity"   I'm guessing they know it's SB then as there is no reference to court, however they do state that the credit reference agencies will be updated to reflect "partially settled" should I take advantage of their offer - there is no HSBC/Cabot/Ruthbridge account showing on any of my credit reports.   DX apologies if you take it as I am being difficult or dim, however I remain concerned that the CCA request does not contain the words "I do not acknowledge any debt" or similar and because only a debtor can apply for the CCA (as I'm led to believe) then sending for this in 2015 has reset the date of acknowledgement of the debt - has this ever been used by a DCA as an acknowledgement of the debt?   Furthermore with the 2015 letters and 2020 letter having completely different amounts allegedly owed and reference numbers that differ from the original letters from Cabot and the CCA supplied back in 2016 this is giving me a further level of concern over the best course of action.
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Aaron's mum

Being taken to court - used someone else's oyster.

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Hi there,

 

Firstly, i think this forum is brilliant and i am glad i have come across it.

 

My problem is that i have been summoned to Richmond court, being prosecuted for using someone else's oyster.

 

He is a friend and a bus driver so he got an oyster with his photo on it.

 

On the said day, i picked up the oyster and used it on the bus which was subsequently stopped by inspectors.

I presented the oyster and was asked to come off.

She took down my details and confiscated the card saying that i shouldn't be using it.

 

Later i received a letter asking me to explain myself.

I did my best and explained that i was not aware that i couldn't use someone else's card.

I begged for forgiveness as i know that taking me to court will completely destroy me.

My profession requires a clean enhanced CRB, i am a mum of 2 and this was the first time i had done anything like this before.

 

I have now just received a letter telling me i am being prosecuted and asking for my plea.

 

Please advise..

.i know i am guilty as the card did not belong to me but i just assumed it is ok to ue it.

Ignorance is no defence but is there anything i can do between now and the court date to avert this situation.

 

I am desperate as i need to avoid a criminal conviction but i am so worried don't know what to do.

 

What should i do?

 

Plead guilty..

.write another letter to tfl begging for forgiveness....

plead not guilty...etc

 

I really could use some advise please.

 

Many thanks

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You could try writing to TfL again, the main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii) Stress that this was an out of character action for which you are genuinely sorry

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment because a clean enhanced CRB check is an essential pre-requisite of your job.

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by TfL in dealing with this matter, all of which you recognise arise as a result of your actions

 

v) Give a written untertaking not to travel without a valid ticket on any journey in future.

 

TfL are not obliged to accept your offer, but will give your letter consideration.

 

The costs applied for in any successful prosecution are normally somewhere between £120 - £150 so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

 

Good luck

Edited by Old-CodJA

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Thank you so much Old-CodJa for this advice. I am doing this today and having the letter posted recorded delivery.

 

However, my court date is in 2 weeks, do you think i will get a response before then and if not what do i do with the letter that is asking for my plea? I think it is best i wait and fingers crossed i get a positive response. This is killing me softly but i do appreciate your advice. God bless

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Does it say on these Oyster cards that they can only be used by the purchaser or those it is issued to?

 

All a bit of a conn trick if you ask me, paying is paying no matter whose card you use.

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I think if it is a bus drivers the problem might arise from the fact they get free or discounted travel.

 

Oysters do not have photos normally and there is no reason why you cannot use someone else's as it all equates to the same revenue.

http://www.tfl.gov.uk/tickets/19798.aspx

Edited by GuidoT

If I have been helpful please click on my star and add a comment.

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Thanks G, I understand now.

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Does it say on these Oyster cards that they can only be used by the purchaser or those it is issued to?

 

All a bit of a conn trick if you ask me, paying is paying no matter whose card you use.

 

 

It's only the Pay-as-you-go Oyster that can be freely used by anyone

 

Any Oyster that has a photo can only be used by the person depicted.

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That sounds sensible, helps stop theft.

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I have a "Bus Operator" Oyster Card. It allows free travel on all TfL services, including buses, LU/LO and DLR/Tramlink. It's impossible to top up these cards.

 

The Oystercard itself clearly states that it's only valid with the photocard which bears the identical identity number. The photocard clearly states it's only for use with the named person and that anyone misusing it may be liable for prosecution.

 

The warnings are there so anyone abusing it obviously doesn't mind having a criminal record and a hefty fine instead of paying a few £s for a day's travel. I'm bewildered as to why any such person would be asking for help!

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I have a "Bus Operator" Oyster Card. It allows free travel on all TfL services, including buses, LU/LO and DLR/Tramlink. It's impossible to top up these cards.

 

The Oystercard itself clearly states that it's only valid with the photocard which bears the identical identity number. The photocard clearly states it's only for use with the named person and that anyone misusing it may be liable for prosecution.

 

The warnings are there so anyone abusing it obviously doesn't mind having a criminal record and a hefty fine instead of paying a few £s for a day's travel. I'm bewildered as to why any such person would be asking for help!

 

The Urbanite, i appreciate and understand what you are saying. Like i have stated previously, i now realise that i should never have used this card as it did not belong to me. But you know, in life sometimes we do things without thinking or reading the small print.

 

The warnings are there but you know life is so hard sometimes, its not black and white. I don't know and will never know what possessed me but i am human and i made a mistake that i can't undo. I have never been in trouble with the law before and i have managed to lead a life that my children would be proud of. However, on this occassion, i don't know what came over me or what made me think it is OK, it is just one of those unexplainable things. I am just so disappointed and in disbelief that one mistake in life is going to cost me all that i have worked so hard for.

 

I put my hand up and agree that i deserve punishment, but the punishment is so severe because a criminal record would totally destroy my career and hence my children's future. Oh how i wish i could only turn the clock back.....and it's so hurtful that one gets such a hefty punishment for one first mistake yet there are thousands out there who offend and re-offend without having their lives turned upside down.

 

I think everyone deserves a second chance in life and i am sure no one goes through life without making mistakes...we learn from our mistakes and i have learnt from this, just that this lesson has spelt the end for me

Edited by Aaron's mum

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Aaron's Mum has sought help here, can we please do so positively, that is without judging.


If I have been helpful please click on my star and add a comment.

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Aaron's Mum has sought help here, can we please do so positively, that is without judging.

 

Thank you so much GuidoT, i appreciate the compassion

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I must've missed that one.

 

No, it's not crime of the century but it's theft all the same and it dealt with much in the same way that making off without paying is dealt with in shops, petrol stations at other places. TfL and other transport operators have deterrents in place in the form of Penalty Fares, but they're not effective enough to prevent people from trying it on. Perhaps getting people convicted is harsh but it's the only thing that seems to make people think twice about their actions these days.

 

There is a saving grace in that TfL may reconsider in the most extreme of circumstances, but IMO I see them as very much "harsh but fair."

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You could try writing to TfL again, the main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii) Stress that this was an out of character action for which you are genuinely sorry

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment because a clean enhanced CRB check is an essential pre-requisite of your job.

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by TfL in dealing with this matter, all of which you recognise arise as a result of your actions

 

v) Give a written untertaking not to travel without a valid ticket on any journey in future.

 

TfL are not obliged to accept your offer, but will give your letter consideration.

 

The costs applied for in any successful prosecution are normally somewhere between £120 - £150 so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

 

Good luck

 

Hello all,

 

Just to let you know that i followed your advice Old-CodJa and i have been successful. I wrote the letter explaining myself and stating how sorry i was and how a criminal record could spell the end of my career and hence my children's futures. I then recieved a call today and someone from TFL was asking for my email address which i provided.

 

They then emailed me saying TfL have agreed to settle out of court and asked me to pay a fine of £250. I am so grateful and even though this is alot of money, i think it is better than me having a criminal record and i would like to thank all of you guys have adviced me throughout this testing time. I have learnt my lesson and this wa a genuine mistake that will obviously never happen again. We do learn from our mistakes and i have learnt.

 

I love this forum and God bless all of you x

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Excellent, thanks for letting us know, really pleased for you.


If I have been helpful please click on my star and add a comment.

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Well done. Thanks for telling us.

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Seeing that my posts are being removed mysteriously & without notification I've come to the conclusion that the site team feel I cannot contribute anything useful to this forum.

Therefore I shall not be posting again, I would like to leave thinking I may have helped in some small way a few people who have posted here looking for advice.

 

So long & all the best to the regular contributors.......you know who you are.

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