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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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Hi guys, I just want to know whether the tfl will give more time to write a letter?

 

I am going to be honest last weekend i have started work 10-7 which takes hour and half to get there and monday-tuesday i was at hospital 9-5 for work experience.

 

 

I completely forgot about it and i admit its my mistake and 2 good days to write a letter.

 

Even right now I just came from work and will finish late tomorrow as well.

Monday is the last day, anything can be done to get more time?

 

One more thing my sister said she read online that if you mention criminal record and how it may affect my studies/employment, it can get worse for me?

Is that true? Should i mention it or not?

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nope utter rubbish

 

probably one of your strongest points to not prosecute and settle out of court to them

 

theres no way that tfl, for a stupid silly mistake, would ever purposefully ruin anyone's future.

 

the letter is no big deal

short, simple, to the point, without waffling

and honest

could be done in 10 mins by you.


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nope utter rubbish

 

probably one of your strongest points to not prosecute and settle out of court to them

 

theres no way that tfl, for a stupid silly mistake, would ever purposefully ruin anyone's future.

 

the letter is no big deal

short, simple, to the point, without waffling

and honest

could be done in 10 mins by you.

 

Thank you very much. That's what I was thinking by mentioning that particular point could help me. So tonight after work i'll post what i'll write to tfl and please feel free to make amendments if needed.

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Sorry I just came from work and Here's what I wrote

 

Further to your letter I confirm the following:

 

On 25/10/2016, I was travelling from …to … and I was inspected by the TFL officer and I then realise that I mistakenly used my elder brother’s student discounted travel card. - explain why...

I accept that I have committed an offence and I am very ashamed of my action.

 

 

However, I assure you that it was a genuine mistake and I sincerely apologise for this incident.

 

 

I would also like to bring into your notice that I am a full time university student (Course name-health related course) part of (associations), and employed which requires a clean criminal record and if this matter is taken into court, my educational and employment career will be affected severely. I am a law abiding citizen [ no you are not - you should have known it was not right to use it] and I have never been involved any transport or other offences in my life solely because I am aware of the consequences of having a criminal record.

 

I am ready to pay the fine imposed by TFL [tfl don't impose fines - you need to express you wish to pay any equivient monetary level] and any other reasonable cost incurred in order to preserve your good name by resolving this matter without court action.

 

I have learnt my mistake and would like to reassure you that I will be careful from now onwards and I won’t repeat the same mistake again. My future is in your hand and I request that my statement may also be given a weight and due consideration. [ don't like that last sentence ]

Your co-operation will be highly appreciated.

 

What do you think guys?? Is it ok? Need to send it by tomorrow!!!

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I can see English is not your primary language.

 

 

thoughts in blue


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

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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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I can see English is not your primary language.

 

 

thoughts in blue

 

 

Thanks for your suggestion and yes I am not from UK.

 

Further to your letter I confirm the following:

 

On 25/10/2016, I was travelling from …to … and I was inspected by the TFL officer and I then realise that I mistakenly used my elder brother’s student discounted travel card. - explain why...

[basically I live near the station, takes about 6 minutes-walking distance. What I can mention is that I was actually in a hurry as I was going to my interview and did not check the card properly. But this may sound like a lie… and what about wearing my brother trouser, should I include that as well?)

 

I accept that I have committed an offence and I am very ashamed of my action. However, I assure you that it was a genuine mistake and I sincerely apologise for this incident.

 

 

I would also like to bring into your notice that I am a full time university student (Course name-health related course) part of (associations), and employed which requires a clean criminal record and if this matter is taken into court, my educational and employment career will be affected severely. I am a law abiding citizen [ no you are not - you should have known it was not right to use it] ( but it was a genuine mistake… anything better I could say instead) and I have never been involved any transport or other offences in my life solely because I am aware of the consequences of having a criminal record.

 

I am ready to pay reasonable penalty fine, revenue loss or any other equivalent monetary cost incurred contrary to/alternatively to/equal to [which one] what the court might award to keep my criminal record clean and in order to preserve your good name by resolving this matter without court.

 

 

 

I have learnt from my mistake and would like to reassure you that I will be careful from now onwards and I won’t repeat the same mistake again. My future is in your hand and I request that my statement may also be given a weight and due consideration. [ don't like that last sentence] [do you mean I should rephrase it or do not mention it]

Your co-operation will be highly appreciated

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Anyone there???

 

Hello again.

 

We're all volunteers here, so people come onto the forum when they're able to. I expect dx will be around later if his own life permits, and then he'll advise you further.

 

HB


Illegitimi non carborundum

 

 

 

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Okay thanks. If you don't mind is it not possible for you to give any advice?

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Hello again.

 

We're all volunteers here, so people come onto the forum when they're able to. I expect dx will be around later if his own life permits, and then he'll advise you further.

 

HB

 

Okay thanks. If you don't mind is it not possible for you to give any advice?

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Today is the deadline and I contacted appeals & prosecution department (did not tell who I was or gave my case number) and asked what is the best way to send the letter and the staff member said just email it and it'll be much more convenient for both of us.

 

 

She also mentioned that I can send it by tomorrow it is not a problem.

 

So should I send it now or wait for further feedback and do it tomorrow?

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don't like the letter at all really

if I can get around to it i will

but the internet is in/out here due to very bad weather.

 

 

i'll try but I need to find a example

there are a few here .

 

 

dx


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I am really sorry about this I tried my best. It would be really helpful if you could help me so i can send by today-8th.

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Thank you for you letter of ddmmyyyy asking for my input regarding the offence of XXX On dd/mm/yyyyy,

 

I was travelling from …to … and I was stopped by an TFL officer.

 

I sadly immediately realised that I had mistakenly taken my elder brother’s student discounted travel card. - this was a genuine mistake as i was late to an interview and did not check the card properly.

 

I accept that I have committed an offence and I am very ashamed of my action.

I assure you that it will not ever happen again.

 

I am a full time university student (Course name-health related course) part of (associations), and employed which requires a clean criminal record and if this matter is taken into court, my educational and employment career will be affected severely.

 

I am willing to pay any reasonable equivilent penalty fine and any other equivalent monetary cost you have incurred contrary to keep my criminal record clean

 

I have learnt from my mistake and would like to reassure you that I will be never from now onwards repeat the same mistake again.

 

Your co-operation will be highly appreciated


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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Thank you for you letter of ddmmyyyy asking for my input regarding the offence of XXX On dd/mm/yyyyy,

 

I was travelling from …to … and I was stopped by an TFL officer.

 

I sadly immediately realised that I had mistakenly taken my elder brother’s student discounted travel card. - this was a genuine mistake as i was late to an interview and did not check the card properly.

 

I accept that I have committed an offence and I am very ashamed of my action.

I assure you that it will not ever happen again.

 

I am a full time university student (Course name-health related course) part of (associations), and employed which requires a clean criminal record and if this matter is taken into court, my educational and employment career will be affected severely.

 

I am willing to pay any reasonable equivilent penalty fine and any other equivalent monetary cost you have incurred contrary to keep my criminal record clean

 

I have learnt from my mistake and would like to reassure you that I will be never from now onwards repeat the same mistake again.

 

Your co-operation will be highly appreciated

 

Thanks and I really appreciate your help.

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