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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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S669

Asked by southern rail to sign witness statement - what does this mean? sat in first class **RESOLVED**

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Hello all.

 

Firstly, as a first time poster I just want to say how useful this forum is, so I’m hoping you’ll be able to help me out too.

 

I was recently stopped by a Southern Rail inspector. I was travelling on a packed commuter train and (although many of you might think this is an excuse) I suffer from really bad foot pain, which I have been to the doctors about, and sat in first class as I was in real pain.

 

In hindsight, I shouldn’t have done it. I should have asked someone to get up for me, but being a young guy I doubt people would have taken me seriously. I spoke with the conductor who made me feel out a ‘witness statement’ I gave my name, full address, phone number and then she handed it to one of he colleagues who completed the process.

 

He was a nice guy. He told me not to worry and that they would send me a letter in the post asking for a fine. But he didn’t ask me to pay anything there and then, he said I had to wait until the letter comes through. I later revealed some kind of gold badge and asked me a few questions which I answered truthfully. He said not to worry and that this was only ‘civil’ and that I would 100% just get a fine.

 

I’m not a fare dodger and never sit in first class barring this one time.

 

What should I expect? Just a fine? A court summons?

 

Once again, thanks for all your help/advice.

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Hello and welcome to CAG.

 

It's quite hard for us to guess what Southern Rail will decide to do, but you need to wait for their letter. That will ask you for your version of events and they will decide once they see it.

 

Once they write, we'll help you to get a letter together in which you reply honestly, express regret, apologise and ask if they will allow you to pay the fare and their admin costs. This has worked in the past if you have a read around the forum.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hi HB,

 

Thanks so much for your response.

 

In your experience, do they often take people to court for such things?

 

I’m just worried about the criminal record really- I’m a young professional and have never been in trouble with the police. And obviously this would greatly impact my life.

 

Is there a chance the letter they send might just say that I need to pay a fine?

 

Thanks again!

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The first letter will be to ask for your version of events, as I said they will decide what to do once they hear from you. You're a long way from a criminal record at this stage. Once they've had time to read your reply then you can speak to the person handling your case and negotiate to pay the fare and their admin costs.

 

HB


Illegitimi non carborundum

 

 

 

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Ok great- thanks for your help that makes me feel better.

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How long ago did this happen? Some of the rail companies can take six weeks or so to write.

 

HB


Illegitimi non carborundum

 

 

 

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Literally yesterday!

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As a fellow traveller to East Croydon on Govia's cirque de nightmares... I do not still know how they get away with full trains and not declassify 1st class on certain journeys...

Either way - Wait for a letter - I shouldnt worry...

 

Probably will just be a fine :) But wait for the letter now and juust prepare to part with some cash - Im guessing you did have a valid ticket for Std class?


**Fko-Filee**

Receptaculum Ignis

 

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They have 6mts to write

Sitting 1at class rarely results in anything other that a small out of court settlement


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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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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Hey, yep i had a proper std class ticket so hopefully that counts for something! Definitely learnt my lesson even if it's just a fine! I'll stand in pain like everyone else haha

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Hey, thanks for the info. I'm assuming that'll be the case too. I was super cooperative and polite and they seemed understanding enough.

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Won't be a fine still be an out of court settlement


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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Ok cool i can deal with that!

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Ok cool i can deal with that!

 

Things in your favour:

You were polite and accepted you'd done wrong (even if you had reasons!).

You had a standard ticket, so although you hadn't paid for first class, you hadn't boarded the train planning on evading a fare.

You have reasons for your behaviour (not an 'excuse' per se, but reasons none the less).

When you get 'the letter' you can reply truthfully, and the reply will match with the staff member's report

Your reply can stress this was a first occurrence, and you can give an undertaking to ensure it doesn't happen again in future

Your reply can stress the disproportionate effect a prosecution and conviction would have on you.

 

Post back when you recieve 'the letter', and you can be helped to formulate your reply, in which you can apologise and offer to pay your fare, and any administrative costs / sum needed to close this by means of an administrative settlement (as an alternative to court). I'd expect that by doing so you stand an excellent chance of receiving such an offer and avoiding it going to court.

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Thanks for your response BazzaS. If it's okay with you all, I'll come back to this thread once i receive the letter so you can guide me through the process.

 

I'm just going to forget about it now and revisit this once I get any correspondence. I'm probably going to have to pay a fee but I'm not overly concerned about that.

 

Thanks to everyone who responded and I'll keep you updated!

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Perfect response, not only in that you’ll keep the thread updated, but you are being sensible and realistic (putting things aside until you hear from them, when you'll then have something you can act on).

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Hi all

 

I have to admit that I had pretty much forgotten about this issue until I got a letter about it yesterday. Long story short, I was issued a fine of 89.90 with no further action to be taken. I paid it straightaway!

 

Judging by some of the posts on here, I’ve been pretty lucky as it seems pretty arbitrary as to who gets what punishment.

 

There’s nothing more annoying than an unfinished thread, but I’d be happy to answer any ques you may have.

 

Once again, thanks for all your help.

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Hi S669.

 

 

Thank you for updating the thread, we don't like unfinished threads either. :)

 

 

 

I'm very pleased you got a resolution you're happy with, I'll update your thread title.

 

 

HB


Illegitimi non carborundum

 

 

 

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thread title updated

 

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!

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 dx, I was about to do that when my phone went. :)

 

HB


Illegitimi non carborundum

 

 

 

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Did you run and get it back...…………….:-)


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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