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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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tripspace

Credit Unions and Compliance with DPA and questions about CCA

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Hello all,

 

I was hoping someone here can help me regarding this issue.

I took out a loan in 2011 with a Credit Union in Scotland.

They have defaulted my credit file with the wrong info, including amount, default date and address.

 

I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved.

 

 

A high level timeline of events:

 

In August, I contacted the CU about the default and they gave no indication that this would happen.

It was also not reported for 4 years after the fact.

 

 

In September, I paid outstanding amount.

They told me the default would be settled and closed.

 

 

In October, wrote a letter and called the CU several times.

They told me it would be marked as settled by November over the phone, no formal response.

 

 

In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU.

 

 

In December contacted the FOS and they sent a letter to the CU.

 

 

In Jan, followed up with the FOS.

Their letter had been ignored.

They called called the CU.

 

 

In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them.

 

 

I responded with a copy of my credit file and told them this was not the case

(felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me).

 

 

The FOS, as part of the closure, say the default was fair to be recorded after 4 years..

.. guidance from the ICO states 3 - 6 months.

 

 

I also complained to the ICO.

However, the FOS reopened the case because the CU hadn't sorted the default.

 

 

In March / Apr, Information gathering by myself, the FOS and Experian.

 

 

In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor.

 

 

In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned..

.. as it was an investigator who made this decision.

 

Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information.

Email in progress.... but they also notify me that CU's aren't regulated under the CCA.

 

So my questions really is...

the distress this has caused has been over 9 months.

 

 

I can't get a new car (which I could lose my job over),

I need to sort out the Mortgage for my current residence (which means I could lose my home)

and in all honesty I've spent hours on this.

 

 

What can I do?

The FOS is saying it now may take the ombudsman a while to respond.

Bringing this whole incident to 10, possibly 11 months.

 

The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done?

How can this be fair processing of consumer data?

 

Thanks in advance and sorry for the long post!

Edited by tripspace

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companies don't have to be CCA regulated to default a credit file [re gas electric mobile etc]

 

regardless to the other issues

did you default on the loan?

yes its crass it was recorded 4yrs late, but there are no longer any rules/guidelines that state they cant now

[the ICO guidelines AT THE TIME might have been 3-6mts]

 

it appears, that you are lucky [though you might not see it that way..]

that they are going to remove the default now [they don't have too!]

 

is it SCU are unhappy with the compo?

could you just not state i'll be happy for the default to just be removed now.?

 

you appear to be shooting yourself in the foot if the above is the case and its the compo that you want that's the sticking issue?

 

why stuff your credit file just because you want Wonga?


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Hi,

 

Thanks for the response.

 

I wasn't aware this is no longer the guidance, I was just following the info for best practice posted on the ICO website.

 

The ruling means the default will not be removed, but closed and settled due to full and final payment. This wasn't done. So for the last 9 months, I've had an open default on my file. It will fall off in January, but in order to progress any further financial applications this will need to be closed (according to the Mortgage Adviser).

 

As a result, I'm in a position where the FOS has told them to correct the file, but the Credit Union did not comply with the request after being contacted by myself more than 5 times and the FOS more than 4.

 

I did speak to the FCA saying that the CU does have to provide proof that the Credit Agreement stated the account would be defaulted and provide a copy of the letter. This is under CONC 13 of their code apparently.

 

In any case, all I'm simply asking is for the default to be fixed and marked as settled. The CU have not done this.... Which is why I'm cracking up. It is nothing to do with compensation and I have asked them to remove it in exchange of ignoring compensation. I just want it closed :'(

 

Also, if you mean a Wonga Loan... I'd never touch one ^^

 

Thanks

Edited by tripspace

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no Wonga=compo.

 

 

a default will always show until its 6th birthday, but the account would show settled somewhere else

 

 

dx


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Hi,

 

Thanks for the advice, but the account isn't showing as settled after this was paid 9 months ago.

 

So I guess there really is nothing else to be done, but wait until the FOS makes it's decision again....

 

Thanks.

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wont matter - its defaulted - the default shows and will do no matter what you do

it doesn't matter if you settle a debt it does not remove the default status

and the default status overrides any settled benefit.

 

 

why do you need it gone mortgage?


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Hi,

 

Yes I agree, but it needs to be settled which is the whole point.

 

I won't be accepted unless I've proved the debt has been repaid.

 

Thanks.

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have you been told this specifically

that if you pay the debt and have PROOf its settled

 

 

and that even though the default will still show, you'd get the mortgage?


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