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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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shaharyar

Caught using brother student oyster card-SOMEBODY HELP!

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There can be a difference in payg fare : there is also a discount to some Payg fares if the 18+ Student Oyster has had a 16-25 (year old's) Railcard applied to it.

 

We need to wait for the op to confirm what's on the card.

If It's a straight 18+ card pay as you go without any railcard discount on it, he might have done nothing wrong.

Could be inspector mistake.

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Most likely, they'll write to you, asking for your explanation of events.

 

Worst case scenario is if you don't tell the truth when you write back, as then they'll likely prosecute. This can happen if people try to "put a spin" on events, and end up describing something TfL know is unlikely .... so don't be tempted to embellish the truth!

 

I will tell them the truth and accept my mistake and will apologise for my error. I'll tell exactly what happened so is that fine?when i told him i used my brother card by mistake and he said that we've heard this so many times...

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Looking at TfL fares, if your brother's card did not have a weekly, monthly ticket but just pay as you go, the fare is the same as adult oyster.

So, if you we're using pay as you go on your brother's oyster, you haven't evaded your fare: Pay as you go is transferable.

Did your brother's oyster have a weekly or monthly pass?

 

He had a weekly pass😕

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We need to wait for the op to confirm what's on the card.

If It's a straight 18+ card pay as you go without any railcard discount on it, he might have done nothing wrong.

Could be inspector mistake.

 

It is a 18+ card with weekly pass meaning its cheaper compare to normal adult card.

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It is a 18+ card with weekly pass meaning its cheaper compare to normal adult card.

 

Yes, that's why you were done by TfL.

So initial advice stands.

Grovelling apology and accept to pay their costs

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Yes, that's why you were done by TfL.

So initial advice stands.

Grovelling apology and accept to pay their costs

 

Alright. I'll accept my mistake, ask for apology, would make sure it won't happen again and i'm ready to pay the fine.

Edited by shaharyar

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Alright. I'll accept my mistake, ask for apology, would make sure it won't happen again and i'm ready to pay the fine.

 

It's not a fine, admin costs

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Told you that in post 3

All you are doing by ringing is winding them and yourself up

Simple mistake

Easily sorted by the right style of letter

 

Sit on your hands!!!

 

Dx


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It's not a fine, admin costs

 

What is it then?

 

Told you that in post 3

All you are doing by ringing is winding them and yourself up

Simple mistake

Easily sorted by the right style of letter

 

Sit on your hands!!!

 

Dx

 

I haven't rang them yet. Just waiting for what they might do

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Good don't!!

 

Until its been to court they can't fine you

But

If they do write

Then you need to do some grovelling

Offer to pay all admin costs and an equivalent sum to any fine you would get at court

To avoid a criminal record which will hurt your future

 

You need to go read Like threads

 

DX


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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What is it then?

 

It's admin costs, as said.

I fine can only be given by a court of law and very few authorised bodies.

TfL is not an authorised body, so they can't fine you, but they can ask for admin costs instead of taking you to court.

Wait for a letter and if it arrives, respond with a grovelling apology.

Sorry to repeat the same thing again

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Best excuse so far.

Brothers trousers!!!!

!


All I ask is to be treated fairly and lawfully.

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Good don't!!

 

Until its been to court they can't fine you

But

If they do write

Then you need to do some grovelling

Offer to pay all admin costs and an equivalent sum to any fine you would get at court

To avoid a criminal record which will hurt your future

 

You need to go read Like threads

 

DX

 

 

It's admin costs, as said.

I fine can only be given by a court of law and very few authorised bodies.

TfL is not an authorised body, so they can't fine you, but they can ask for admin costs instead of taking you to court.

Wait for a letter and if it arrives, respond with a grovelling apology.

Sorry to repeat the same thing again

 

I have now recieved a letter from tfl stating

"You were reported to tfl for failing to produce a valid ticket, pass or photocard for your journey". Now I am asked to fill out a form.

There are two options either;

1. If you deny committing offence, please explain why. But it also says mistake or accident is not a defence. The fact that you were on a tfl service without a valid ticket is normally sufficient for a conviction.

 

2. If you accept committing an offence, please provide exceptional reasons, including evidence, as to why tfl should not proceed with a prosecution.

How should i write my letter and what should I include?

 

Best excuse so far.

Brothers trousers!!!!

!

 

What do you mean best excuse? I am being honest since I was going to my first interview I didn't have a formal trousers...

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option 2

time for a nice grovelling letter.

brief

to the point

offer to pay any reasonable admin costs and equivalent monetary sums toward a fine


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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option 2

time for a nice grovelling letter.

brief

to the point

offer to pay any reasonable admin costs and equivalent monetary sums toward a fine

 

Are you sure? Its not that I am not accepting my mistake but I do not really want to go court!

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Are you sure? Its not that I am not accepting my mistake but I do not really want to go court!

 

You can take the good advice or not. It is your best chance of avoiding court.

What do you have to lose by writing as suggested?.

 

What better option has been suggested or better option you have planned?

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Yes option 2, but don't mention the trousers thing. As mentioned previously it sounds like a very far-fetched excuse! We can joke about it on here, but the train company receiving the letter are going to think you're making things up. Obviously you know the truth, but please appreciate how it could appear. The train companies have heard every excuse in the book - and plenty more. Don't give them any reason to doubt your honesty or sincerity by writing about such a fanciful excuse. There are so many threads on how, by accident, someone picked up their brother, friends, grandmothers, fathers oyster card (which all happened to be subsidised or cheaper), than their own.

 

Write the letter, be apologetic and offer to pay costs to them now. This offers you the chance (the best chance) to avoid court and to avoid a fine. Remember as outlined above, only a court can impose a fine. What you're offering is to pay admin costs to the train company - no doubt they will be quite high but the alternative is you attending court (mind you this gives you a chance to wear those formal trousers again from your brother)!

 

Good luck.

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You can take the good advice or not. It is your best chance of avoiding court.

What do you have to lose by writing as suggested?.

 

What better option has been suggested or better option you have planned?

 

Sorry bazza I just wanted to be certain thats it nothing more!

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post your letter up here first

have a look at like threads

there are examples

 

 

You may wish to write to the prosecution office with an apology and ask if you may be allowed to pay the outstanding fare and all the reasonable costs incurred by the company in order to preserve your good name by resolving this without court action. The Rail Company is not obliged to agree, but if they do it does remove the likelihood of a conviction and court record.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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Yes option 2, but don't mention the trousers thing. As mentioned previously it sounds like a very far-fetched excuse! We can joke about it on here, but the train company receiving the letter are going to think you're making things up. Obviously you know the truth, but please appreciate how it could appear. The train companies have heard every excuse in the book - and plenty more. Don't give them any reason to doubt your honesty or sincerity by writing about such a fanciful excuse. There are so many threads on how, by accident, someone picked up their brother, friends, grandmothers, fathers oyster card (which all happened to be subsidised or cheaper), than their own.

 

Write the letter, be apologetic and offer to pay costs to them now. This offers you the chance (the best chance) to avoid court and to avoid a fine. Remember as outlined above, only a court can impose a fine. What you're offering is to pay admin costs to the train company - no doubt they will be quite high but the alternative is you attending court (mind you this gives you a chance to wear those formal trousers again from your brother)!

 

Good luck.

 

 

I just want to say that i did wear my brother trousers and used his card. That is the truth, so should i mention it or not?

Also the officer who noted all the details, i told him this as well and he wrote it down on a piece of paper....

Thank you for your help.

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post your letter up here first

have a look at like threads

there are examples

 

 

You may wish to write to the prosecution office with an apology and ask if you may be allowed to pay the outstanding fare and all the reasonable costs incurred by the company in order to preserve your good name by resolving this without court action. The Rail Company is not obliged to agree, but if they do it does remove the likelihood of a conviction and court record.

 

Thanks alot for the info

I'll try to type a letter asap and post it up here.

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great no bother

should be easy to resolve

lots here have succeeded and it is a mistake and a first 'offence'


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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