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    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • 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.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
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I'm 14 and I got fined £20,

 

I was really Ill and forgot to tell my parents about the fine.

 

now they've sent a letter saying you have been fined £55 and now i don't know what to do now.

 

My parents can't afford to pay this,

 

can I get away with this because I live in a flat and theres 2 gate's.

 

Do you think the debt collector will come in?

 

I don't want my parents to go court,

 

really scared right now:(

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Was the fine a penalty fare for not having a ticket on a rail journey?

 

Who issued it and where?

 

Are you now being chased by Ircas?

 

My advice, don't ignore them as they are basically debt collectors and they may well continue to bother you and add fees, or they might refer the case back to the train company to consider whether to prosecute you for fare evasion.

 

Can you afford the original £20? Try offering that you can email Ircas at [email protected] or call a person there on 0845 434 8272

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Ok. Stoke Newington station is run by Greater Anglia, and they use Ircas to administer penalty fares.

 

I suggest you email Ircas at address above, copying in [email protected]

 

Send them a photo of the PF slip, and a photo of your ticket that you forgot and ask them if in this case the PF can be waived. You might want to mention that you are 14 and you don't have the money to pay the penalty fare.

 

Let us know what happens. Your parents are not responsible for money that you owe so no one should bother them about it, although it may affect their credit rating if you have unpaid debts while living at your parents.

 

It is possible that Greater Anglia will seek to prosecute you if the PF is not paid, but if you had a valid ticket and just forgot it it is very unlikely they will do this.

 

Anyway, first thing to do is to send that email attaching photo of your ticket, including the serial number if it is oyster

 

Let us know when you hear back

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it cannot effect their credit file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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debt collectors are NOT BAILIFFS

they have no powers to do anything.

seize, enter property - NO POWERS

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for contacting Abellio Greater Anglia. We have received your correspondence and assigned the reference number: ,,,,,,,-BBGP. We aim to respond to 90% of contacts within 10 working days.

 

If your enquiry is urgent, please contact us on 0845 600 7245 (option 8) quoting the reference number above.

 

Customer Relations Opening Hours:

Monday to Saturdays: 08:00 to 20:00

Sundays: 10:00 to 20:00

Bank Holidays: 09:00 to 18:00

 

Once you have received a response, we would really appreciate your feedback on how you feel we have handled your views, and whether our response was to your satisfaction. If you have a few spare moments, we would be grateful if you could complete the questionnaire using the link

Please note that completion of this survey will not generate a further response. Any further questions should be submitted to the Contact Centre by replying to the response you have received.

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Ignoring and failing to pay will result in a (criminal) court summons being issued.

 

Not necessarily - if not paid (or PF cancelled) Ircas will refer case back to the rail co and it is for them to decide whether to prosecute. If the passenger did in fact have a valid ticket but had just forgotten it and can now produce it in my view it is unlikely that the train co would pursue a prosecution.

 

However clearly it is preferable to resolve the issue asap so it never gets to even be considered for prosecution.

 

Hopefully GA will see sense and tell Ircas that the PF is cancelled once they consider the passenger's email

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Not necessarily - if not paid (or PF cancelled) Ircas will refer case back to the rail co and it is for them to decide whether to prosecute. If the passenger did in fact have a valid ticket but had just forgotten it and can now produce it in my view it is unlikely that the train co would pursue a prosecution.

 

However clearly it is preferable to resolve the issue asap so it never gets to even be considered for prosecution.

 

Hopefully GA will see sense and tell Ircas that the PF is cancelled once they consider the passenger's email

 

I give up on this forum. The advice being given (in this section) is becoming increasingly dubious.

 

The OP ignored the issue, after failing to produce a valid ticket for the journey they made. A Penalty Fare was correctly issued.

 

Greater Anglia will be in no mood to accommodate people who simply choose to try and pretend the incident never happened, and, when they realise it's getting serious, pop up out of the woodwork once they realise it could be serious.

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Thank you for your email and I was sorry to read that you have received a Penalty Fare as you did not possess a valid ticket or Oyster card when you travelled with us on 25th March, 2014 between Turkey Street and Rectory Road.

 

Our Penalty Fare scheme requires a valid ticket to be held for the entire journey being made before travel is undertaken. A Penalty Fare is charged in circumstances where there is an opportunity to buy a ticket (or permit to travel) before travelling.

 

In the interest of fairness, Greater Anglia is refrained from involvement in any decision made regarding appeals of Penalty Fares. In order to make an appeal, you will need to contact the Independent Appeals Service (IRCAS). Please find their contact details below:

And i've sent them the same thing to Ircaas now, hope they accept :(

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Thats a drag but not that surprising.

 

What ticket do you normally use? Is it pay as you go or is it a travel card or season ticket?

 

To have best chance of appeal being allowed I suggest you provide full info on the tic you usually use, and send a scan or a photo of it to Ircas.

 

Let us know how you get on. If appeal rejected best option then might be to see if Ircas will accept a lower amount rather than the higher amount including all the extra fees.

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I don't have £55.

 

Well, sorry, but it is the amount that you owe.

 

You boarded a train without a ticket, (you didn't actually even have one left at home, you just had a PAYG Oyster which is NOT a ticket).

 

I will repeat that eventually IRCAS will inform the train operator that their efforts to collect the Penalty Fare remain unresolved. Greater Anglia **CAN** then cancel the Penalty Fare and associated charges and then deal with the incident as a criminal matter under Byelaw 18.

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