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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Hello lovely people, I am creating a new thread as that seems to be the done thing around here.

 

I am seeking some advice on how to respond from a scary TfL letter in regards to fare evasion.

I honestly just thought I'd get sent a fine, especially with this being my first offence for such a thing but apparently not.

 

like many others on these forums I have been caught using the wrong oyster on a TfL bus.

I was in a rush and I grabbed my brothers student Oyster (it has his photo on) instead of my own (plain blue Oyster linked to my railcard so does have a slight discount) and shoved it in my purse. It was the morning, I was tired and in a rush and they were both on the same table and they do look the same from the back.

 

I tap in on the bus, after which I realise I have his card.

I panic slightly but am already running late, so just go and sit down assuming it'll be fine as the driver didn't say anything.

 

that moment later a ticket inspector comes onto the bus.

I admit my mistake right away saying I’m sorry I took my brothers card not my own, he takes my name DoB and address.

 

As he’s printing out the receipt of him confiscating the card I realise I have my contactless card on me and offer to tap it in, he says no its too late for that.

He also explains it will be quicker for my brother to purchase a new oyster than to try and get the confiscated one back from TfL as this could take months.

He doesn’t say anything about a fine or prosecution, I just assumed I’d get a fine through the post.

 

on Monday 28th (yesterday) I receive a letter stating what many others have also been through:

 

In order for TfL to deal with this case correctly, please return the information requested on the reverse of this letter...

1. If you deny committing an offence, please explain why....

2. If you accept committing an offence, please provide any exceptional reasons including pre-existing medical conditions that you may feel are relevant and evidence to support this, as to why TfL should nor proceed with a prosecution....

 

The way it is worded makes it hard to know which of these two I should go with, but based of what I've read from other experiences is to accept your wrong doings and give your side of the story. I have drafted out a grovelling apology in order to try and get this settled out of court.

 

I really cannot afford a criminal record especially now with a child on the way (I am seven weeks pregnant)

I am currently between jobs and to have an offence flag up on every application will make the process much more difficult.

I just wonder what chances I have with getting an out of court settlement.

 

I also wonder whether it is worth noting my pregnancy - it has made me feel notably out of sorts and could well have attributed to the carelessness of taking the wrong card?

Or will this embellishment just seem unnecessary to TfL.

 

Thanks in advance for anyone taking the time to help out, I really appreciate it.

Edited by dx100uk
spacing

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'suze being personal but yes it might...1st child?


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.

 

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'suze being personal but yes it might...1st child?

 

Sorry yes it might what? Seem uneccesary?

 

And yes!

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I would say the 1st pregnancy is a very good reason

 

wife used to have terrible mental and memory issues everytime.

 

an example letter

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?483691-Notice-of-intention-to-prosecute-Thameslink-changed-CArNet-Ticket-date-Please-help-**SETTLED**&p=5085175#post5085175

 

just don't waffle


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.

 

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I really hope so. I’m stressed enough it is about the pregnancy without this on my conscience too, kicking myself for being so ditsy! This is what I have drafted so far but I fear it maybe explains everything a bit too much. I also worry they won’t believe I’m pregnant but I guess I could attatch a doctors letter as edivence - but might be uneccesary! Thanks for your help, reassuring to see others in similar situations have settled matters out of court.example:

 

To whomever it may concern,

 

Thank you for your letter dated 27th January 2019. I have read and duly noted the contents.I am writing to accept the offence I made for using the wrong Oyster card on the 137 bus from London Hilton Hotel to Clarence Avenue. I’d been staying with my brother and and mistakenly took his oyster card instead of my own as they were both left on his bedside table. Please find attached photos of my own Oyster card.

 

I was in a rush and I did not realise it was his card until after I’d tapped in on the bus. I recognise I should have addressed my mistake there and then but I was already running late and I didn’t want to delay myself or anyone else on their journey. I am currently seven weeks pregnant and feeling nauseous, forgetful and out of sorts in general, and my head was a bit all over the place. When the inspector asked for my ticket I admitted my mistake straight away, telling him I was sorry but I had accidentally taken my brothers card.

 

I was not offered an on the spot fine or told anything about how TfL would proceed with my case other than my brothers card being confiscated, and that it would be quicker for him to purchase a new one altogether than to try and get the one I had used back from TfL. It is here I seem to be misinformed about the seriousness of my actions - had I known it was a criminal offence to use another Oyster card I would have got off the bus immediately after realising.

 

I will absolutely never think of doing it, or anything similar in terms of fare evading, ever again. I fully recognise the mistake I made and hold myself accountable. I am sincerely sorry for my actions and feel somewhat ashamed to be going through this procedure. This is my first ever offence of any legal matter, and the first and only time I have been stopped for having an invalid ticket across any TfL network as you will have on your records.

 

I am asking for TfL to allow me to pay the reasonably incurred costs in full to dispose of the matter without Court action in order to prevent getting a criminal record. I will take full responsibility for covering the cost of any fines charged as well as administration fees in order to avoid the matter progressing to court. As it stands I am currently between jobs and a criminal conviction would make it a great deal harder to become employed, something I cannot afford especially right now with a baby on the way. My partner is in part time education and we rely on us both being employed to cover living costs, which will of course grow once the baby is born.

 

A criminal record could also hinder my application to tenancies for housing which I will be relying on soon my partner and I plan to move into a new property before the arrival of our child. We both also have family in the United States, and a criminal record would make it much harder to visit the country.I have never been in trouble with the law and can assure you that I will not make any similar mistake again now that I have made this misunderstanding.

 

Once again I deeply apologetic, I have been feeling very stressed and anxious about this situation and hope we can find a resolution before matters get taken to court. I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.

 

Yours Sincerely,

 

Thanks again for anyone taking the time to read & help me! (Edit: have lost paragraph breaks in the copy and paste but you get the idea)

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Hi. I've put some paragraphs into your post.

 

If you don't have the name of someone on the letter they sent you, I would suggest you start with Dear Sir or To Whom it may Concern.

 

If you have the name of the person, use it and finish with Yours sincerely. If you don't know the name, finish with Yours faithfully.

 

HB


Illegitimi non carborundum

 

 

 

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Far too much waffle......


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

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Hi, any update on this please? Did you manage to get out of the criminal offence? Something very similar to me has happened today...

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please create a new topic of your own please

hit create in the top red toolbar please

 

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

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7 minutes ago, dx100uk said:

please create a new topic of your own please

hit create in the top red toolbar please

 

dx

I’m just interested in the outcome. Not trying to hijack her post. 

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the topic is several months old and the op never returned

 

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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