Jump to content


  • Tweets

  • Posts

    • Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well. I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)   Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.   It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.   James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.   As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!   even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.   Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at    Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted    Just a few links for reference :-  https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/   Debt free directs current ?? website https://www.debtfreedirect.co.uk/   Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees
    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
    • Thread title amended   You didn't provide details of your bank account did you when you signed up with this lot ?   Andy
  • Our picks

Shucks89

Caught using a nominee pass at Z1/2 border station

Recommended Posts

Hi everyone,

 

I've been reading a few threads on here about trying to minimise/avoid court proceedings for my case... I didn't know the severity of what I've done until it was too late unfortunately.

 

Some background on the case, I was caught a few days ago using a nominee's pass at Z1/2 border station. When the revenue inspector approached and asked to see my ticket, I naturally panicked and presented another oyster card with little value (mistake) on it as I recently used majority of the value over the weekend and didn't top up. He then asked to see the photocard which at that point I showed him

 

He asked 'who does it belong to?", it was my partner's and asked "does she know you're using it?' which I replied 'No, I took it without her permission".

 

He then asked a few more questions like what is my occupation and it lasted for about 30 minutes which at that point he didn't say I would be fined but a person from TFL will contact you. He read me the rights that I don't have to be here but anything I say or don't say may be used later in court. At that point I was panicking so I asked him if there was another way to settle this with him on the spot.

 

The truth is that I have used it quite frequently but I have also used my standard blue oyster card on the odd day but not as the nominee pass. I have previously purchased annual travelcards on my card but since it expired I took the card to use instead.

 

I have been issued a standard penalty fine before for not having a valid oyster card but that was settled immediately but I haven't had any court proceedings or records before, so like majority of people here I am a bit nervous about the situation.

 

I really just want advice and ask, do you think I should openly admit that I have used it on more than one occasion and be totally transparent and apologise?

 

Obviously I don't want to lie to them and say it wasn't my only time using it as it's clear they'll get the historical data if they really wanted to. I'm currently drafting the first paragraph to apologise but want to know if being transparent will only dig the hole deeper.

 

Many thanks

Share this post


Link to post
Share on other sites

Why do you believe you should admit to anything?

 

You don't ever admit to anything, let them provide the proof that you have committed an offence, then you can either deny it or admit it then.

 

Admitting previous indescretions isn;t going to help you, ok it might alleviate some of your current anxiety, but it will pass with time.

 

Wait till you hear off TfL, then deal with it, however as thios isn't your first time do you think it's somethiong you might need to talk to your GP about?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Yep

Await their letter


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

Share this post


Link to post
Share on other sites

Hi,

 

The officer actually didn't ask much, like how many times have I used it etc.

 

He did ask why I had it, with my response "I had planned to go into Z1" which in truth I had done in the past when having my own travel card. But for the past few weeks I hadn't renewed it and I took it to use more frequently for the whole commute.

 

I think that's all he put in his notes and seems a bit bare when the case officer comes to review and doesn't allow much elaboration in my response.

 

I have actually received the letter from them today..

Share this post


Link to post
Share on other sites

Can you tell us what the letter says please?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Sure,

 

 

Dear Sir,

 

On Tuesday 5th Feb 2019 you were reported to TFL for failing to produce a valid ticket, pass or photocard for your journey on the London Underground. The facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with TFL's prosecution policy.

 

I have 10 days to respond and the terms follows with some information.

 

On the back it has space for me to 1. deny committing the offence or 2. accept the offence and provide exceptional reasons why TFL should not proceed with prosecution.

 

No one realises the true extent of the consequences when it's too late...

Share this post


Link to post
Share on other sites

What fraud?

And you continued to do it for your own selfish gain...again and again.

 

Who paid for the pass?

What is a nominee pass?


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

Share this post


Link to post
Share on other sites

So TFL employees can nominate a person for an oyster card to travel free on TFL services.

 

The TFL employee is my partner's brother, she is the nomine. Nothing was paid and is a work perk as part of working for TFL.

Share this post


Link to post
Share on other sites

Urm..wonder if they are funded by the public purse?


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

Share this post


Link to post
Share on other sites

Not funded directly from public purse.

It's a benefit for employees of most TOCs to nominate someone for a free unlimited pass.

Share this post


Link to post
Share on other sites
Urm..wonder if they are funded by the public purse?

 

No, Freedom passes are funded by the public purse (via the councils).

Nominee passes are funded by TfL, not the councils, so, not 'the public purse' but TfL will be (almost) as likely to prosecute, as they are a privilege, not a right.

Since the OP told the RPI they took it without permission, they have protected their partner, but may find it hard to persuade TfL not to prosecute.

 

The OP doesn't have to 'own up' to their previous use of the pass (if TfL don't ask!), but if asked : brutal honesty may be their only chance ; getting caught in a lie would almost certainly guarantee prosecution.

Share this post


Link to post
Share on other sites

Thanks gentlemen

New one on me

Know we know

 

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

Share this post


Link to post
Share on other sites

On the point of providing any mitigating reasons as to why I shouldn't be prosecuted, will they consider my occupation which does rely on a clean record as a reason and also any dependants and their poor health/disability with doctor's note as supporting evidence to make their decision? These are my only points that could help mitigate the offence.

Share this post


Link to post
Share on other sites

you shouldn't inc dr's notes no and only mention it briefly.

 

you might find this useful upon how to approach the 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

 

it id also worthy to read as many threads in this forum as possible


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

Share this post


Link to post
Share on other sites
On the point of providing any mitigating reasons as to why I shouldn't be prosecuted, will they consider my occupation which does rely on a clean record as a reason and also any dependants and their poor health/disability with doctor's note as supporting evidence to make their decision? These are my only points that could help mitigate the offence.

 

Hi!

 

Believe it or not I am in the exact same situation you were in a few weeks ago.

 

The inspector told me not to panic and just wait patiently for a letter.

 

I'm hoping that your outcome has been okay and has not resulted in a prosecution??

 

Is it possible to know what your letter included and the outcome.

 

I'm hoping to settle out of court and pay as much as they need me too in order to avoid a criminal record.

 

Thank you!

 

my thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?493240-Caught-using-a-nominee-pass

Edited by dx100uk
link to thread added

Share this post


Link to post
Share on other sites

Hello and welcome to CAG.

 

Hopefully the OP will answer you but you need to start a new thread of your own and tell us your story please.

 

Best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi, I sent the letter to them on 11th February but yet to receive anything from them. Does anyone know how long they usually take to look in to each case?

Share this post


Link to post
Share on other sites

they have 6mts

or might not reply at all preferring to drop it there and then once they have received your response.


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

Share this post


Link to post
Share on other sites

They have 6 months in which to (lodge a prosecution at court) / bring a prosecution. This is a time limit set by law.

 

 

They don’t have to reply.

They don’t have to take that long, they might not take that long, but they are allowed to do so.

 

Don’t want the risk of a criminal record?

Don’t want to be “kept in limbo”?

Don’t fare dodge / use a nominee pass you know you aren’t entitled to. Simples!.

Share this post


Link to post
Share on other sites
They have 6 months to reply? That's a pretty long time to keep you in limbo

 

better to keep to your own thread please


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

Share this post


Link to post
Share on other sites

Just an update since I received a letter for a SJPN today... so I am being charged under "...Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."

 

Application is being made for a £225 contribution towards the costs of TfL.

Further costs may be incurred if additional documentation is required or if the matter is not resolved by a SJ.

 

What would peoples recommendation be, pleading guilty with or without going to court? They did put on the cover letter that if I plead guilty then "...you will usually get a 33% reduction...' But obviously it's not guaranteed since they used the word usually.

 

Lastly is the fine going to be the £225 they've stated in the SJPN plus the fare avoided? Or is this the cost of raising the SJPN.

 

Thanks

 

 

 

Share this post


Link to post
Share on other sites

always plead guilty and say yo will attend

that way if you cant settle OOC on the day

you are there in person to covey your remorse to the judge personally.

 

it will be more than the £225 quote with victim surcharges etc on top but that does rule out the possibility of still settling on te day by talking to the TfL prosecutor before you go in

 

there are various threads here that has had that happen.

 

if you can find them, i'll do it later


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

Share this post


Link to post
Share on other sites

Hi,

 

I've received the same letter as you with the exact same wording for also using a nominee's card. I was just wondering what you're planning to do/what you have done since receiving the letter. 

 

I'm also going to post on my previous thread with more detail now. 

 

Thanks

Share this post


Link to post
Share on other sites

Thanks, I'll plead guilty and attend; see what the prosecutor say on the day. From what I've read, the conviction for these offences are spent after 1 year correct? 

 

Should I write down further mitigating circumstances differing from the letter I wrote in response to their initial letter?

 

@whathaveidone1 I have replied to your DM.

 

Thanks

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...