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    • to be safe i've hidden the upload  to date i can see your pers info on pdf page 25?
    • SO if you refer to the bottom of the order you have the option to set it a side vary or stay it...but involves an application and fee...so I would suggest you get back onto Portsmouth and ask what exactly is the Order for ?   Inform them they have not served any documents on yourself or served a Certificate of service and given the errors of MCOL/ Portsmouth ask the court to clarify exactly what's happening in the claim.
    • I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on. He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification, I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.? I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV. The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy. An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you??? I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down. Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence? If anyone has any thoughts I would be grateful to read them.   TLF
    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I went to London today and used my husbands railcard, I thought that it wasn't a problem as it was a paid ticket. When the ticket inspector came around he asked for the photo card, I immediately said that it belonged to my husband. I offered to buy a ticket, but couldn't find my money in time as we were pulling into my stop. The ticket man said he was confiscating the ticket and asked for my name, which I wrote down for him, he told me to leave the train at the next stop, which I was going to do anyway. My husband does not know I used his card, obviously I will tell him. The ticket man said that the matter would be sent to the revenue department, I asked to pay a fine but he said that they didn't do fines.

 

What will happen next and what should I do, I went to London to deal with an outstanding medical issue, I never go otherwise and I have never used his card before, I have no previous convictions. I am a stay at home mum. I am a bit scared, I don't expect any sympathy I didnt intend to break the law, but with research I can see that I did. I didn't give my address, will they just get that from my husbands records. I could have given a false name but I didn't want to.

 

Can I offer an amount to settle out of court, as I don't want a criminal conviction as it might affect my ability to get a new visa to live abroad.

 

I am grateful for any advice.

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I didn't give my address, will they just get that from my husbands records. I could have given a false name but I didn't want to.

 

Can I offer an amount to settle out of court, as I don't want a criminal conviction as it might affect my ability to get a new visa to live abroad.

 

I'm a little intrigued as to why the inspector did not ask you to write down your address. Did he ask you to show any ID ?

 

Obviously, he may assume that you and your husband live at the same address and the season ticket record should confirm the address for his report.

You did the right thing in not giving a false name of course, that could have made things much more serious.

 

There is clear case precedent in the case of Browning & Floyd (1946)

 

The best course of action that I can suggest is to wait until you receive a verification letter from the TOC and then you will have the relevant case reference allocated to this report. Whilst I cannot condone the action of attempting to avoid payment of a fare by this or any other method, you have asked how this might be mitigated. When you get the letter write back promptly with an apology

 

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 and that your husband was unaware that you had taken his ticket

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment etc.

 

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

 

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

 

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

 

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

 

 

 

 

 

 

Edited by Old-CodJA
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Sounds like a conductor rather than an inspector, they will probably call you both in for an interview.

If you can show that it was just an innocent mistake you may be ok.

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If you can show that it was just an innocent mistake you may be ok.

 

Now I'm not poo-pooing the idea, it's worth a try, but I think it worth remembering that suggesting an 'innocent' mistake was made is always hard to justify if the traveller has taken only the ticket and not the photocard too.

 

If it were a wholly innocent misunderstanding, why do that?

 

Anyone conducting a PACE interview will undoubtedly have that question in mind.

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Now I'm not poo-pooing the idea, it's worth a try, but I think it worth remembering that suggesting an 'innocent' mistake was made is always hard to justify if the traveller has taken only the ticket and not the photocard too.

 

If it were a wholly innocent misunderstanding, why do that?

 

Anyone conducting a PACE interview will undoubtedly have that question in mind.

Hi and thanks everyone for the responses. I Idid show them my husbands photo card, it was behind his oyster card, which I had put money on via pay as you go earlier, that is why it was not at the front. . I think that from what everyone has said, and the fact that it is strict liability, I am probably guilty The fact is I did intend to use his card, the fact I didn't think it was an offence is seemingly irrelevant. He did not ask me for any ID, but he did ask me if I had a photo card myself, which I said I did have one at home. This is true although I doubt I could find it.

 

My husband buys a monthly ticket, this one had a week to run. He actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket. We are moving anyway so he won't be using Southern much longer.

 

I don't think the ticket man was impressed that I couldn't get to my money to pay quickly, it actually transpired that I had my purse stolen whilst I was in london, Karma I suppose. I was very respectful to him, as I had been to London for a pre-op appointment and I was extremely upset anyway, so that sort of kept it in perspective at the time, although I was a bit taken aback that he yelled 'fraudster' at me from over his shoulder down the train. Too bad I guess.

 

I think that if interviewed I will just have to be totally honest and take the consequences.

 

I am wondering however, when I write to them to ask to settle out of court, should I tell them the whole story, of why I was in London, , my state of mind etc. no doubt they have heard it many a time?

 

My main concern obviously is avoiding conviction because it may hinder my visa application, I am frightened that they may be able to live in a country with my husband and I won't be able to go.

 

I was thinking of offering £300 to settle, is that a reasonable figure?

 

I am also worried that I have got my husband into trouble, he didn't know, but they only have my word for it. The only reason he didn't know was because I left in a rush and didn't see him, had I seen him he may have warned me of potential consequences.

 

How long will I have to wait to hear anything? I would rather get on with it now.

 

Sorry this is a bit incoherent , I have tried to have a positive day with the kids, but my mind is all over the place.

 

Thanks again

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Given that you have said you did not give your address, you should do nothing until you receive a letter from the TOC.

 

Why remind them that they need to charge you if their inspector has not collected all the information?

 

How long this takes is dependent on how busy the processing office is, but typically it can be 3 to 6 weeks before a letter arrives

 

You say that your your husband 'actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket.'

 

Did he report the ticket lost or stolen?

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Given that you have said you did not give your address, you should do nothing until you receive a letter from the TOC.

 

Why remind them that they need to charge you if their inspector has not collected all the information?

 

How long this takes is dependent on how busy the processing office is, but typically it can be 3 to 6 weeks before a letter arrives

 

You say that your your husband 'actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket.'

 

Did he report the ticket lost or stolen?

 

Thanks again for your response, he reported it lost, but he didn't get a replacement he bought a whole new ticket on a whole new photo card, apparently you have to when there is less than a week to run - it was only a weekly or monthly ticket anyway that is why I thought I could use it as it wasn't a season ticket. We have absolutely no intention of trying to say the ticket was lost.

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