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    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
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wakeywakey

RBS ppi claim-offer made then money sent to their own holding account???

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read that fos link post 19

 

Had a read and it appears that case isn't about buying back the debt. It's about off setting the debt.

Have I missed something?

The claimants won that didn't they, so your confusing me now.

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yes they did win so can you...

 

 

offsetting to a sold debt or buying it back and off setting is almost the same result.


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OK. So my debt is run by AIC who don't buy debts, is this correct?

If so, RBS still own the debt so can legally "offset"?

 

What about if the original loan was a loan from another company who RBS have taken over (Lombard)?

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No they are not directly related accounts IMHO

 

As per that FOS link

 

But

Look at a letter from AIC

It will state their client


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Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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Can't find any letters from AIC

 

Plus, how is it unrelated when that's the loan they have given me the PPI refund from?

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So aic were chasing for payment on an rbs loan

Or was it the old Lombard loan?

Or was it the old finance loan for direct line insurance?

 

Clear as mud here

Which is why we are getting nowhere fast,..........


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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OK, you said AIC don't buy debts so I am presuming they are acting for RBS who offered me a refund on an old Direct Line loan.

Your confusing me!

Cheeky!

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And what debt do they want to offset the PPI against??


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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They have already sent it to the direct line account, well, it's in an holding account with the direct line account no a sthe beneficiary, or words to that effect

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then they've done nothing wrong if they own the direct line loan debt

its PPI from the same loan


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Yet in the link you sent me, HSBC used PPI to offset against one of their loans, which the Ombudsman said was wrong.

What's the difference?

And, they haven't reduced the debt with AIC?

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well you don't worry about AIC

they are powerless as I've said before

 

 

also that link referred to PPI on one account being refunded again a debt on another

 

 

as far as I can see

your PPI refund is from a direct line debt

and the PPI is being refunded again the debt on the same account

 

 

so the FOS example 'win' doesn't cut it


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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OK, that's looking grim I grant you?

 

What about the fact I'm in a DMP

 

When they eventually pay the money into my DMP (which is presumably what they will do)

 

 

Can i state that I should decide what debts are paid off as the PPI wasn't a debt?

 

Or can I argue I have more pressing debts than those in my DMP (mort arrears etc)?

 

Also, the refund is in my name only, yet the loan account is in joint names.

Am I clutching at straws a bit here?

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why cant the money goto you and you decide where it goes?

 

 

whats the DMP and who with?

 

 

joint debts make no odds


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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why cant the money goto you and you decide where it goes?

 

 

I haven't told them yet that I am on DMP

I mean they know the outstanding balance so I guess they know where the money is sent from (The DMO-Stepchange)

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nothing to do with them

a DMP company have no powers over where any money goes

nor do RBS!

other than debt to themselves.

 

 

hope you've sent a CCA request to all the fleecers stepchance are blindly paying?


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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So how does the refund get paid to my arrears then?

Or do RBS just say to AIC it's minus whatever?

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why do you keep referring to AIC

NOTHING TO DO WITH THEM..

 

 

rbs will take off what they want and the rest will prob come as a cheque I guess?


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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AIC AIC AIC AIC

just kidding.

So there is no way of fighting this then, in your opinion?

Just wait and see?

But I have already sent it to FOS anyway so may as well let it run now hey?

 

And what will a CCA request acheive?

 

Also, in your link, the Ombudsman says there are tax implications and another reason why he upholds complaint.

Any idea what this means?

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I'm now waiting for Adjudicator decision, but they have hinted that I have no chance.

 

Yet a decision on their database the Ombudsman say's the following about a similar but not exact case

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=5623

 

"Mr and Mrs M have informed this service that they intended to use the refunds they were

due to alleviate financial hardship that they faced. Although it is not necessary for me to

know the full details of these hardships, the fact that they have a number of accounts that

have been placed with HSBC’s collections team, would suggest that they also hold debts

elsewhere. I consider that it is fair and reasonable for Mr and Mrs M to be able to determine

which of their financial needs they consider to be the most pressing."

He upheld their complaint and made the bank pay the money to them.

 

Then there is this one

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=48676

 

complaint upheld again

Don't really see much difference to mine

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well


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Great News!

 

Where, what, when ?


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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The Great News was...............................

I am a Grandparent!!!

 

The BAD news was I lost the complaint.

 

I don't see how it is fair that some Ombudsmen let the complainant decide who they pay, but my ombudsman said he couldn't say RBS had acted unfairly.

I argued that my need was far greater than RBS but all to no avail

 

Anyway, thanks for your help.

Sorry if I sounded sarcastic at times but it was one hell of a stress ride.

 

Perhaps I should sue them now?

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