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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Ammar

Caught using father's freedom pass - **SETTLED OOC**

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Hello everybody.

 

Hope everybody is well.

 

This afternoon, I was leaving my station and a TFL worker asked to see what I scanned out with.

I showed him the freedom pass.

He asked me to follow him which I did and he made me aware that I am not allowed to use this freedom pass.

I normally never really take London tubes as I drive but I occasionally, once a week use the train.

 

I have been using the freedom pass for a couple weeks could be a month or so and genuinely believed that it should be fine as it's got the same surname.

My father is disabled and is not working.

I'm going to university and I work part-time in which to support myself and my family.

 

I know that it sounds really foolish that I didn't know that I am not meant to use the freedom pass but I genuinely believed that because it's my father, I can still use it.

I haven't bothered researching about it previously but when he made me aware I felt so stupid that I didn't pick up that this wasn't allowed.

I tried to explain that but he proceeded and said it's a caution from my end but they will send you a letter with further details.

 

Now, I've been reading how you can actually end up getting a criminal record which has honestly left me in a deep state of depression since this afternoon and I've been worried ever since.

 

I'm here on this forum in the hopes of asking for advice from you lovely people into what I can do to prevent myself from receiving a criminal record as this will really hurt my future and literally ruin my life.

 

I am extremely foolish for not researching about this prior to using it but I genuinely thought it's not a big deal and it's fine.

 

What shall I do as I'm very scared and very afraid that I may receive a criminal record from this.

I am more than happy to cover any costs of transport that weren't paid as a way of apologising as it's a genuine mistake from my half and I'll be happy to cover my mistake as it's a bad mistake.

 

Please give me advice and help me out in this situation.

I will greatly appreciate all your support and help in this situation.

 

Thanks all in advance for taking your time to read this.

Edited by dx100uk
updated

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I hope you won't mind me saying that I can scarcely imagine anyone believing that you really realise that you weren't allowed to use it. I'm afraid that even if it happens to be true, it will ring so hollow that it is likely to make people feel more angry and feel that you really don't have any remorse.

 

At some point you will receive a letter and if are you I would write back immediately, accept completely that what you did was wrong and that you shouldn't of done it and that you won't do it again and that you have had a shock and that you realise what you did was wrong and it is absolutely the last time.

 

If you take this line then the action that will be taken against you is like to be minimal and not leave a criminal record. I'm assuming that you haven't ever been caught this kind of thing before.


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Hi,

 

Thanks for your reply.

The truth is, I really didn't know until now.

 

I appreciate how people may perceive it to be a lie but I genuinely didn't know.

I will make sure to accept that what I have done is completely incorrect and accept full responsibility and obviously this is the last time something like this will ever happen.

 

I have never been in trouble with the law and I'm a law abiding citizen.

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well whatever you do you do NOTHING till you get their letter

 

if you have a look in this forum you'll see there are a good few whereby people have managed an OOC settlement.

 

so find them and get reading up

comeback here when you get the letter.


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Thank you for your reply.

 

Just to clarify, if this does end up going to court, what happens?

 

Is it an automatic criminal record?

 

Do I have to plea guilty because I obviously do agree that what I have done is wrong but it is not intentional.

 

How does that work?

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get reading up best way to answer your questions

the more you read the stronger WE become.

 

if its not settled OOC you WILL get a record..there is no way around that sorry.


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Will try educate myself as best as possible about this.

 

Sorry for the continuous questions but there's no way out if they take me to court?

 

I thought I read somewhere that you can go to court and try to avoid getting a criminal record?

 

Was that incorrect then?

Edited by dx100uk
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You can try to settle out of court right up until you walk in.

 

No court is going to let you get away with this if thats what you mean

 

Go read threads you are months away from any if might poss could do court thoughts


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Alright, Thank you very much.

 

Just to add, I've been reading quite a lot now and have seen that telling the truth obviously is the best case of action and being very apologetic as said on this post previously.

 

I'm just very worried that they will not believe what I say as I didn't know I was not in any means meant to use it.

 

Thinking about it now, it sounds so stupid to me and sounds like a lie to a stranger...

any advice on how to make it come out as a real scenario as it is and not sound fake because it isn't. If that makes sense :/

 

Just to add, I'm 20 years of age so does that take any effect into the decision since I'm under 21?

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no need to keep hitting reply with quote

just type

makes the thread twice as long...

 

await your letter

get reading up

 

this one is useful

there are quite a few others too.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?456947-TFL-misuse-Freedom-Pass-more-than-once-**-SETTLED-BEFORE-COURT-**


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Alright, Thank you very much.

 

Just to add, I've been reading quite a lot now and have seen that telling the truth obviously is the best case of action and being very apologetic as said on this post previously. I'm just very worried that they will not believe what I say as I didn't know I was not in any means meant to use it. Thinking about it now, it sounds so stupid to me and sounds like a lie to a stranger... any advice on how to make it come out as a real scenario as it is and not sound fake because it isn't. If that makes sense :/

 

Just to add, I'm 20 years of age so does that take any effect into the decision since I'm under 21?

 

 

Hi.

 

 

Your age won't make any difference, I'm afraid.

 

 

I think you're going to find it hard to convince them that you didn't know how a Freedom pass works. My understanding is that it says on it words to the effect that it can only be used by te person named on it and that it must be shown with the related photocard. These passes are paid for with public money to help people who are disabled.

 

 

As has been said, you wait until you get their letter and then write a very apologetic letter asking if they will allow you to pat an administrative settlement to cover the lost fares [they can check the journeys on the card] plus their admin expenses. And keep reading other Freedom pass threads.

 

 

 

Was the pass confiscated?

 

 

HB


Illegitimi non carborundum

 

 

 

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Thank you for your reply HB.

 

The thing is, it's actually the truth that I didn't know.

I honestly didn't read the freedom pass I just used it.

I don't want to lie and say something else for them to believe a lie because the truth is that I did not know.

 

What do you recommend that I say in regards to why I was using it?

I will show a lot of remorse in the email.

I also want to move to America in the future to work in New York in relation to my degree but this definitely won't happen if I get a criminal record...

I will also lose my job instantly if I end up with a criminal record leaving me and my family in a very hard situation as I'm heavily relied on to produce income every month to support my father who obviously as mentioned doesn't work due to his disabilities.

 

The pass was confiscated, yes.

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It will all depend what they allege and intimate in their letter upon how you respond


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I’ve just received a letter from them today.

It states that I was reported for failing to produce a valid ticket, pass or photo card for your journey.

The facts of the incidence are being considered and I must advice you that legal proceedings may be taken against you in accordance with the Transport of London’s prosecution policy.

 

I have just constructed a reply and would genuinely appreciate your opinion and feedback from your experience.

 

“Dear Sirs,

 

My Reference: XXXXX

 

I write regarding the letter that I have received from you and concerning the occasion on when I was reported for travelling on your tube service from Queensway to Wembley Park station without a valid ticket.

 

I wish to offer my unreserved, sincere apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to protect my good name. I have never been in trouble with the law in the past and I am genuinely very sorry that my misunderstanding has lead to this situation now.

 

As I am my father’s carer, I genuinely thought that I could have used the freedom pass to travel with.

I genuinely had no knowledge that this was not allowed until one of your TFL workers informed me that it wasn’t.

I am now aware that this is not the case and sincerely apologise for my naivety in this matter, it honestly was a complete misunderstanding.

 

I am extremely sorry for what may appear to you to have been an attempt to avoid my liability, but I must stress that this was not intentional.

 

I hope that you will recognise that I wish to apologise to the member of staff concerned and to TFL for the extra administration work that my actions have caused.

 

I sincerely hope that you will accept my offer to pay all full fares that are due and all the reasonable costs that have been incurred by TFL in the hope that you will allow me to put this matter behind me as a massive life lesson. I am now fully aware of the rules relating to the TFL freedom pass and tickets and can assure you that I will always ensure to hold a valid ticket of my own on any future journeys.

 

I would like to really stress to you that I am genuinely, extremely sorry for my actions and I ensure I won’t do anything like this again.

I understand how severe and serious this is and I would like to explain that I am a part-time working student who has a family that financially depend on me as my father is unemployed due to his disabilities and requires my earned money to be able to live.

 

If this matter is escalated further into court, it would lead me to losing my job as I require to have a fully clean history.

I am also looking to start a charity after graduation for young disabled children as a passion as I can see how hard it is financially and emotionally to look after a disabled father.

A criminal record will hinder this which would make me extremely upset.

Please accept my genuine apologises and I must stress that this will never be repeated again.

 

Yours faithfully,

 

My name”

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Hi.

 

 

I think that reads pretty well, but please wait for other people to comment.

 

 

HB


Illegitimi non carborundum

 

 

 

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Thank you for your response HB. Appreciate it massively.

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No problem. You seem to have worked hard on your letter. :)

 

 

HB


Illegitimi non carborundum

 

 

 

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Thank you for your reply dx. I have cut out some of the apologies. Please let me know if this is better, and if anything else can be changed, please point it out to me. Appreciate your time in advance.

 

Dear Sirs,

 

My Reference: XXXXX

 

I write regarding the letter that I have received from you and concerning the occasion on when I was reported for travelling on your tube service from Queensway to Wembley Park station without a valid ticket.

 

I wish to offer my unreserved, sincere apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to protect my good name. I have never been in trouble with the law in the past and I am very sorry that my misunderstanding has lead to this situation now.

 

As I am my father’s carer, I genuinely thought that I could have used the freedom pass to travel with. I genuinely had no knowledge that this was not allowed until one of your TFL workers informed me that it wasn’t. I am now aware that this is not the case and sincerely apologise for my naivety in this matter, it honestly was a complete misunderstanding.

 

I am extremely sorry for what may appear to you to have been an attempt to avoid my liability, but I must stress that this was not intentional.

 

I hope that you will recognise that I wish to apologise to the member of staff concerned and to TFL for the extra administration work that my actions have caused.

 

I sincerely hope that you will accept my offer to immediately pay in full all fares that are due and all the reasonable costs that have been incurred by TFL in the hope that you will allow me to put this matter behind me as a massive life lesson. I am now fully aware of the rules relating to the TFL freedom pass and tickets and can assure you that I will always ensure to hold a valid ticket of my own on any future journeys.

 

I would like to explain that I am a part-time working student who has a family that financially depend on me as my father is unemployed due to his disabilities and requires my earned money to be able to live. If this matter is escalated further into court, it would lead me to losing my job as I require to have a fully clean record. I am also looking to start a charity after graduation for young disabled children as a passion as I can see how hard it is financially and emotionally to look after a disabled father. A criminal record will hinder this which would make me extremely upset. Please accept my genuine apologises and I must stress that this will never be repeated again.

 

Yours faithfully,

 

My name

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I don’t usually use public transport.

 

The first time I started using it was when I was 18 and that was by bus with my Oyster card.

 

I’ve always walked to school and never had to travel using public transport as everything is local for me.

 

Hence why my knowledge is very weak in this area.

 

I appreciate your reply.

Edited by dx100uk
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can you please scan up the letter yo have received to PDF

read upload

ENSURE you properly redact any pers details.


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I can read it.

 

 

 

Is there anything relevant on the other side of the letter?

 

 

HB


Illegitimi non carborundum

 

 

 

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The only thing on the other side is telling me to fill in case number and asking me to write down the situation instead of emailing it to them.

Nothing of much relevance

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I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (I am a part-time working student who has a family that financially depends upon me as my father is unemployed due to his disabilities and requires my earned money to be able to live.) if this matter were to escalate further into court, it would lead me to losing my job as I am required to have a clean record, thus a criminal conviction would be devastating.

 

As I am my father’s carer I genuinely thought that I could use the freedom pass to travel with. I genuinely had no knowledge that this was not allowed until one of your TFL workers informed me that it wasn’t. I am now aware that this is not the case and sincerely apologise for my naivety in this matter, it honestly was a complete shock to me.

 

I am extremely sorry for what may appear to you to have been an attempt to avoid my liability, but I must stress that this was not intentional.

 

I wish to apologise to the member of staff concerned and to TFL, I am just so sorry for my actions and the inconvenience caused to all involved. I am happy to make immediate payment of the unpaid fare and all the reasonable costs that my actions have caused and avoid a criminal record thereby allowing me to protect my good name.

 

I have never been in trouble with the law in the past and I am very sorry that my misunderstanding has lead to this situation now.

 

I sincerely hope that you will accept my offer. I am now fully aware of the rules relating to the TFL freedom pass and tickets and can assure you that I will always ensure to hold a valid ticket of my own on any future journeys.

 

I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.


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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

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