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    • urm.. that's a telecom defence??    
    • Thank you all again.   I think the word story is quite apt as it is clear from the 29 points over 6 pages that my parents have insisted lots of frankly irrelevant and often untrue things have been included in the solicitors letter.   Here is me filling in the gaps!   There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy.   Not abandoned, it went to court and the court decided it should be sold and the £ divided between my Mother and my Uncle who were the only two children. So maybe they did own it whilst on the market? You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house.   Correct, it went on the market, a few people viewed it, my parents were awkward towards these potential buyers and then I made the offer to the estate agent and purchased it. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed.   Exactly, 20 years is ridiculous, and during that time my Father could have purchased it from me, instead of purchasing their own council house, if they really wanted to it 'back' as they keep saying. Yes market value in need of work and all above board. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. My Uncle has also sadly passed away.   I obtained additional borrowing to fund the work needed in 2008 (not mentioned in letter obviously) and have found some receipts, emails and mortgage letter to back this up, but in the letter my parents claim they paid for all this and carried out the work as I ‘had little interest in the property’ also all correspondence from letting agent is to me, but in letter claims by Father did all these and ‘I merely singed the tenancy’ which is rubbish.   One weird thing, the garden shed is still full of my Grandad's tools and my parents have the only key to this, have visited it randomly and instructed a builder person we both know over the years to trim the hedges. This was always been behind my back and have asked them to let me know or I can do it. I spoke to him yesterday and they have always paid him cash, so no paper trail.   Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Yes, although the ‘trust’ that is mentioned is literally something they have made up, assumed or otherwise. There is absolutely nothing to my knowledge of this kind in place.   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 20 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem.   Reason being it is referred to in the letter and quite representative of the whole letter, rambling. My point was it is not true and I am the one who has paid for these. It’s almost like they are trying to paint me as someone collecting the rent money whilst the did all the hard work and paid for things. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property.   Agreed You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event.   Lets hope so So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth.   Good point about me being a trustee, if, such a thing were in place. I had a google of the meaning and I honestly don’t feel it meets any of the criteria. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions     I do really appreciate your time and effort on this. Yes, when I read it all again, rubbish does spring to mind.   My parents have been very challenging to say the least and have no idea of the consequence of their actions. To be honest, they have almost shot themselves in the foot as there is so much detail in the letter, lots of which is untrue and I can prove this. If it ever got to court and I really hope it doesn’t, I can only think this would go against them.   I really do think the solicitor (who is the same one that rinsed them ££££ over the will) is just charging them for this letter, which may have been a good few hours with the unneeded detail, knowing fully well this wont go anywhere!   Another thing the letter requests that I confirm I wont sell, rent out or re-mortgage the property!!! I have literally just started a new mortgage and need tenants to pay the rent, I don't think this request hold any water at all?   I hope this does come to nothing and hopefully helps others along the way!
    • god no never invite pointless letter tennis   dx  
    • Hello and welcome to CAG.   I expect people will be along to advise over the course of the day but in the meantime have a read of other fake Oyster card threads here,  we have a few.    HB      
    • ive inserted their poc you need to align para numbers to that please      
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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


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Reclaim Bank Account, Loan & Credit Card Charges 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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