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    • mcol always has fits on a W/ends   try Monday when its gets reset.   dx  
    • Name of the Claimant ? Capquest Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11   Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods   What is the total value of the claim?   £3000   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBD Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes - catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? In 2013 early, but they never accepted.
    • Thanks Andyorch.   Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.   Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?   Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?   Thanks    
    • So, after several months, got response back from Aviva. "We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given.  HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.  Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint". So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either. 
    • Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.   They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.   The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00   I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.   Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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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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