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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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Fare evasion letter received


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Hi

 

as you can probably tell I am new here and was wondering if anybody could provide me with some advice.

 

I recently received a letter from Northern Rail saying that I am being investigated due to an incident of non-payment of rail fare back in October.

They are now asking me to reply with a statement of my version of events.

 

This is what happened on that day:

I boarded a train at Moston station in Manchester heading to Manchester Victoria station.

As Moston station has no ticket machines or offices I had no choice but to board the train without buying a ticket,

normally you can buy a ticket from the conductor on board,

but because the train was very busy I could not buy a ticket before arriving at Victoria.

 

As I do not regularly travel on the train I am not familiar with the layout of Victoria station,

therefore after arriving I headed towards an exit believing that I could purchase a ticket from a member of staff before or at the exit.

 

As I approached the doors at the end of the footbridge I could see somebody checking tickets,

i assumed that I would be able to buy a ticket from this person (or get directions to buy tickets).

 

However before I reached the doors at the far end I was approached from behind by a ticket inspector who asked to see a ticket. (Which I could not produce).

 

He then asked me to speak to the person who I saw checking tickets through the doors, who would take my details.

This officer then asked me a few questions (such as where did you travel from etc.),

 

however then final question he asked was

 

"Had I not stopped you would you have carried on without paying?"

as I was panicking a lot a this point I rather stupidly said "Yes" and he made a note of this along with my other answers.

 

I did also tell him that I was not aware that you could not buy a ticket in this area of the station.

 

He then asked me to sign against the points in his notebook,

however I misheard him and instead ticked against them, and gave him the notebook back.

He then said that he actually wanted a signature I apologized and then began to sign against the points (four in total),

 

I began to do this but before I had signed against all of them he said "That's ok" and took the book back.

(I believe I had only signed against the first two points at this point).

 

He then let me go and I turned back and went to the other side of the station and purchased a ticket (as he had pointed out to me).

 

To clarify if I had not been stopped I would have carried on to the exit but if I had found no ticket machines or staff there

I would have returned to the station and found someone I could buy a ticket from.

 

Would anybody be able to give me advice with this/drafting a response to Northern rail?

Sorry about the long post

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As Moston station has no ticket machines or offices I had no choice but to board the train without buying a ticket, normally you can buy a ticket from the conductor on board, but because the train was very busy I could not buy a ticket before arriving at Victoria.

 

.

.

.

.

.

 

This officer then asked me a few questions (such as where did you travel from etc.), however then final question he asked was "Had I not stopped you would you have carried on without paying?" as I was panicking a lot a this point I rather stupidly said "Yes" and he made a note of this along with my other answers.

 

.

.

.

.

.

 

To clarify if I had not been stopped I would have carried on to the exit but if I had found no ticket machines or staff there I would have returned to the station and found someone I could buy a ticket from.

 

Would anybody be able to give me advice with this/drafting a response to Northern rail?

Sorry about the long post

 

If there was no open ticket office or working (ticket / permit to travel) machine, then it was permissible to board the train, but even if the train was "busy", it was your responsibility to seek out the staff to pay : you could even have got on at / close to the door they were at at your boarding station.

 

As for your admission you wouldn't have paid if you hadn't been stopped, if you are now claiming you'd have gone back into the station if you'd not found someone to pay : why would you not just say that when questioned ... Even "when panicking" : if that was the truth, it is easier to say.

Additionally, while I don't know the layout of Manchester Victoria, others here will, and Northern definitely will : they'll know which platform the train from Moston comes in on.

 

You can write to Northern Rail apologising, and offering to pay your fare and any admin costs.

If you've never had ticketing woes before and what you've described makes sense : they may agree a settlement

 

They don't have to though and can proceed to summons.

I don't work in Prosecutions / on the railways, but if I did and I got a letter that seemed cogent : I'd consider it.

If I got a letter that neglected to mention a ticket office you'd had to walk past or that was hard to ignore ; I'd be less convinced.

Edited by BazzaS
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Sorry I do not understand what you mean?

 

Hard to tell if this comment was to me, as you've not quoted who it is to.

 

However, apologies if the comment was to me : I started typing on a smartphone and hit "submit" too early, accidentally.

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BazzaS, the train from Moston that i got off came in at Platform 5 at Victoria station I do remember this and I have put this into the draft letter that I am planning on sending to Northern Rail. Also at no point did I walk directly past a ticket office or machine.

Platform 5 is on one side of the station whereas I now know all the ticket machines and offices are on the other side of the station.

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