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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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Skydiver2711

Received TfL letter for using sister's travel pass

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I have been contacted by TFL for using my sisters card.

How do I start a new thread to get help.

 

I had apologised to TFL for using my sisters travel pass with my photo card.

They have wrote me another letter saying it can’t be an error.

 

I rang them up to see if there were any chances to settle this out of court.

To which they replied they do not settle out of court.

I really don’t want a criminal record for my mistake.

I am looking forward to this forum to help me.

 

I said to TFL, that I picked it up while hurrying for work.

It was a staff discount card.

It is not age related.

 

I wrote a letter apologising and will to pay fines and administrative costs.

Edited by dx100uk
merge/space

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Thank you for the extra information. My reply to you seems to have gone walkabout but you've answered my questions.

 

TfL don't like this sort of thing, they don't understand [and I don't really] how you can pick up a card that doesn't look like your own, if you have one, and then use it with the wrong photo ID.

 

Have you had a court summons so far?

 

We have a couple of other similar threads here but I don't think they've been resolved yet. It's worth having a read around the forum.

 

HB


Illegitimi non carborundum

 

 

 

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I do not have a court summons yet.

They have written to me that they are still deciding.

 

My sisters monthly pass was left on the table ( it did not have her picture but just a small photo ID number).

I mistakenly took it thinking it’s mine only looking until when it was valid.

 

How do I explain this to TFL?

I regret not being more aware.

Edited by dx100uk
spacing

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I don't know how to explain it, maybe someone else will. We see this story all the time and it's amazing the coincidences that happen when there's a full-priced card and a discount card. From what TfL have said to you, it seems they've heard the same thing a lot.

 

You can keep talking to them up to and including any court day to try to resolve this.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

 

We have too little detail to be able to fully advise.

 

What really happened?

What colour wallets were the card (s) in?. If not their original wallets, why not?

 

Bear in mind CAG has heard all sorts of stories of how someone 'accidentally' used the wrong pass. Some seem more plausible than others.

TfL will have heard as many, and more. How do you intend to persuade them yours has the ring of truth (starting with the whole, unvarnished truth is a good starting point ....)

 

Do you think you might accidentally have used the wrong pass more than once?.

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I did not use the pass before.

I did ask my sister why her pass was lying on the table and not in her photocard holder.

She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

Is it worth explaining this to TFL or just saying that I used my sisters card?

Edited by dx100uk
spacing

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I did not use the pass before. I did ask my sister why her pass was lying on the table and not in her photocard holder. She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

If you picked up your sister's staff pass, not in a wallet:

a) why wasn't your pass in a wallet?

b) what colour is your pass? and hers?.

 

Was hers like:

http://i.imgur.com/aSReD.jpg

 

 

 

Was it really a mistake?. If it was, be prepared to explain it in detail, as TfL hear "it was a mistake" all the time.

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I did not have a valid pass for that month. Both mine and my sisters monthly passes would be similar.

 

They are not blue, but orange with an expiry date in bold in the centre.

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so you only used it once.

was this by design..you meant to do it, or just a mistake upon your behalf?

 

thread tidied too.


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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So you're saying that you only used your sister's pass once, but that you took it knowing that you didn't have your own pass that month? That doesn't look great.

 

Remember that TfL can check journeys on the card going back about 8 weeks.

 

HB


Illegitimi non carborundum

 

 

 

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This was my mistake. I did not realise I did not buy a pass for that month.

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This was my mistake. I did not realise I did not buy a pass for that month.

 

So, not only did you mistake your Sister’s staff pass for your pass, you forgot you hadn’t bought a pass that month.

 

I can’t see TfL being convinced this was an honest mistake.

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

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What did you say in your letter please?

 

HB


Illegitimi non carborundum

 

 

 

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

 

I don’t know, what is the truth??

The problem with lying is remembering who you have told what. The advantage of the truth : only one version to remember!

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I received a letter from TFL stating that I was reported for failing to provide a valid ticket, pass or photo-card on a TFL journey. I write this letter to explain my version of events.

 

I took my sisters monthly pass in a haste while leaving my house. When asked to show my valid ticket for the journey, I showed the pass and the inspector pointed out it was not my pass. I realised my mistake and he withdrew both and took my interview under caution.

 

I would like to apologise to the TFL team and I am willing to pay any fines, or the charges due to extra administration work TFL had to go thorough because of my mistake. Hoping that TFL would to solve the matter out of court.

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if that's all you sent IMHO its a bit bare and you seriously need to come clean, unless you honestly thought yours was still valid and picked hers up thinking it was your valid card?

 

but if you really knew yours was empty and took hers par chance you didn't get caught and did...

its sort of in a way going in your favour, as you knew you'd be caught and did...

 

pers I think you need to send another, more frank and honest begging letter like the ones we have here..

if yours was only what is above, it doesn't address their pondering that it wasn't a mistake.

 

might be better if you scan yup their reply to PDF please

read upload.


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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I agree with dx. To have any chance of TfL settling this, in addition to what dx says, you need to show genuine remorse and tell them what impact a conviction would have on your career or future career. And you need to promise you'll never, ever do this again.

 

HB


Illegitimi non carborundum

 

 

 

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I dont have the reply from me right now, but I will upload it here when I get it.

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Their reply basically said 'I should have had the photo ID if I was using the pass and they do not consider this a mistake'.

Edited by Skydiver2711

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Thank you. But the best way for us to advise it to see a pdf of the actual letter minus any of your personal details.

 

HB


Illegitimi non carborundum

 

 

 

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