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    • Thanks dx.   a little update on this.   Court awarded me a CCJ against this company, and I've been chasing them for a year now. Registered address changed to a lawyers office in London.   I contacted this law office numerous times, and eventually one of the directors emailed me back and confirmed Payza was indeed their client and that they were not aware of any CCJ.   I sent him all the court papers as well as a copy from Trust Online about a month ago. So far the lawyers have ignored me further.   Now I'm looking at a way to perhaps do a third party debt order against their bank account. I I know they had money in the bank account. The director had since been arrested in America after my CCJ against the company.   Am I correct in thinking I have to pay the fee and it gets added on to the CCJ amount?   I'm about 75% sure I know what banks they were using, but don't want to waste the money on fees to be told they don't use that bank.   Is there a way to get their lawyer to say which bank they use?
    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
act0145

TFL Oyster 18+ Student Card- Caught By Revenue Inspector

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Hi All,

 

First of all thank you for reading my post. I am terribly stressed at what happened recently and am on the brink of a meltdown.

 

I am employed in a high profile role, with a professional qualification that has taken me many years to achieve. My spouse is unemployed, and has a student TFL Oyster card. I used their card to travel as I felt that having paid for it fully and being their spouse I could use it. 

 

I was stopped yesterday early morning by a TFL Revenue Inspector at Oxford Circus.

I told a series of lies as I was extremely stressed (including saying my spouse has put the card in my wallet and they work around the area-the spouse does not work), and was also running really late for a meeting.

 

The inspector noted down my details and displayed the caution (prior to asking actual questions).

I mentioned that I would like to answer the questions however I am running late for my meeting, which was true.

 

I also mentioned to the inspector that I was really stressed and I have not faced such a situation in my life before and that my career will be over if I receive a criminal conviction.

 

He mentioned that I will receive a court summons and that I should be honest in any response I provide.

He also mentioned that in very rare circumstances an out of court settlement may be considered in light of career impact.

I then thanked him for his advice and left.

 

I have been on my nerve's end since this encounter and the implications of a criminal conviction is unbearable to think about.

I will lose my job and my professional qualifications for sure.

 

As the sole earner in my household with no other sources of financial support, we will be destitute if I lose my job.

However, I am aware that I lied and any investigation will clearly show that.

I am hence very agitated that this will go against me.

 

Any advice will be most appreciated. 

 

Thank you.

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welcome aboard

you've found the right forum here

so know where to go and read a few like topics

that will be the very best way to get yourself upto speed 

and see that, its no something you need to really worry about if you approach this in the correct manner

and respond in the correct manner

 

the first thing you need to do is READ HERE the more you read the stronger we become.

 

await the letter they will send you

then scan it up to PDF and post it here when is comes

read UPLOAD

 

dx

 


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Good Evening dx,

 

I have received the attached letter from TFL. I am hoping to respond with the below:

 

"Dear Sir or Madam,

 

Thank you for your letter. 

 

I accept the offence and would like to take this opportunity to apologise profusely for my actions in this occasion. I have pride in my integrity and honesty and I feel extremely ashamed of my very poor judgement. As the sole income earner for my family, where my spouse has been unemployed for several years due to their ongoing mental and physical health issues, a criminal record on my part would push us towards financial destitution as my employment relies upon a clean criminal record. We have no other family in the UK apart from each other, and my spouse is wholly reliant on me for their financial wellbeing. I will not be able to secure suitable employment in the future with a criminal record.

 

Moreover, my right of abode in the UK also relies on a clean criminal record. A criminal conviction will end my right to stay in the UK and I will have to leave my spouse, a prospect that is unbearable to contemplate for me.

 

A criminal conviction will also prevent me from travelling to Canada, where my only sibling resides and I visit them frequently. 

 

I am a keen volunteer where I participate in local community events and have recently signed up to mentor youth in my local area. A criminal conviction will not allow me to start this activity that I was hoping to engage in to give back to the society I live in.

 

I have no previous convictions and have lived as a productive member of society in the UK so far. 

 

A criminal conviction will have devastating consequences for my family life, financial circumstances, current career, reputation, and future career prospects as well.

 

I have had a particularly stressful week at the time this event occurred. I was very sleep deprived on the day as I had to show up to work extremely early in the morning (7:50am). When stopped by the revenue inspector, in my complete stupidity and panic I realised I was carrying my spouse's Oyster card. 

 

I made a very bad choice that has kept me awake and tearful for the last two days. I deeply regret this event and I am shameful for what I have done. 

 

I would be grateful for the opportunity to make immediate payment of any incurred costs and necessary recompense for the financial aspects that my actions have caused. I have already purchased an annual travel card so as to ensure I will not make a mistake like this again.

 

Thank you for taking the time to consider my letter and I sincerely hope to rely on your leniency in this matter."

 

I have tried my best to portray my thoughts in the above but any feedback/comments will be much appreciated.

 

 

TFL Letter_Redacted.pdf

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just to clarify this was an honest mistake and a total one off, you have never used the card before?

 

dx

 


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hi dx,

 

I have used the card before ☹️

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how many times in this 'chain' please

in other words 

if they were to look at the history [which they can]

would they see a daily pattern of use to/from work that they could also pin on YOU>

 


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yes they would see a regular pattern to/from work that they could pin on me.

 

in my defence, I can say that as my spouse is unemployed, we are extremely financially strained however I have already purchased an annual travel card so as not to repeat this offence.

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opps so how many days have you been using it for?

 

dx

 


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not sure I am comfortable answering that.... may I know why you enquire?

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comfortable?

you came here for help did you not?

there are topics here with hundreds of uses and we are anon anyway

 

yes its very relevant as effectively you are lying in your begging letter above.

on the day of you getting caught using it you were sleep deprived, so what about every other day for the previous days/weeks/months you used it?

see doesn't cut the mustard that excuse does it?


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Posted (edited)

It fits perfectly : they were so sleep deprived they forgot all the other times they’d used it!.

 

What I’m not sure about is at what point ([for someone who clearly has been offending repeatedly!] having heard all the reasons for non-prosecution: loss of job, sole income for family, UK residence visa status, effect on visa for USA or Canada or [wherever]), the letter crosses from

”hey, that’s a reason not to prosecute” into “hey, with so many reasons why they shouldn’t risk fare dodging, yet they chose to anyway, why do they think they deserve more leniency” ?

Don't over-egg the pudding.

Edited by BazzaS

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Hi.

 

I think your letter repeats itself a bit over the effect on your life, you don't want it to be too long. And I might leave out the part about frequent trips to Canada - if you can afford that, you should be able to pay your fares.

 

HB


Illegitimi non carborundum

 

 

 

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Thank you dx100 and BazzaS for your constructive criticisms. I would request you both to not to jump to any conclusions about my actions. 

 

Honeybee- thank you, I will bear that in mind. 

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so what position are we batting from please?

we cant advise the best way to word the letter without knowing the truth .

 

there have been cases whereby multiple use even in the 100's has resulted in an OCC before or on the day

 

 

what you need to be wary of is, as with another case recently, the statement for the court from TfL stated a number of uses, and the pleading letter simply referred to 'one', the time they got caught, and now they are up the creek because they didn't come clean at the start.

 

dx

 


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Thanks dx,

 

In a multiple usage context, your advice as to how to word the letter to reflect that will be sincerely appreciated.

 

 

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We normally suggest that you have a read around our transport forum for similar cases or do a custom search for defences. Then post up what you're thinking of sending and we'll help you to refine it.

 

HB


Illegitimi non carborundum

 

 

 

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full circle again

how many days / times did you use the card..simple question - simple answer, stop playing secret squirrel ..its not helping us to help you.


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hi dx,

 

I have been using it for the last 3 months on working days. so yes there will be a regular pattern.

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thank you

so that roughly equates to about 70 uses 

 

there was a guy the other month that got OOC on 87 uses so all hope is not lost.

 

it this bit that needs work.

 

I have had a particularly stressful week at the time this event occurred. I was very sleep deprived on the day as I had to show up to work extremely early in the morning (7:50am). When stopped by the revenue inspector, in my complete stupidity and panic I realised I was carrying my spouse's Oyster card

 

I would also make whatever you write above the first thing you say after the short apolgy etc

 

grovel deeper after this but what you have in the rest of the letter needs to be shortened p'haps by not repeating the same things

have a go. we'll help .


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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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thank you dx.

 

The other question I had was:

 

Should I

 

a) Respond to the email address mentioned on the letter instead of posting my response

b) Get a solicitor to write it on my behalf and post it on their letter headed paper

c) Post the letter on my own 

 

 

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You don't need a lawyer. 

 

HB


Illegitimi non carborundum

 

 

 

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no

no

what do you mean..on your own?

 


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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

The CAG Interest Tutorial Read Here

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Thank you honeybee and dx100uk.

 

When I said post the letter on my own I meant to send it with supporting evidence and the letter via Royal Mail.

 

Also, how would I go about proving that I lose my job if I get a criminal conviction? HR won't give me a letter to say so and I am reluctant to share internal guidances.

 

Also, how would I address the multiple offences issue in my letter?

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5 minutes ago, act0145 said:

Also, how would I address the multiple offences issue in my letter?

 

We don't recommend lying to them, but on the other hand you don't need to tell them anything they don't already know, if that helps.

 

HB


Illegitimi non carborundum

 

 

 

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When stopped by the revenue inspector, in my complete stupidity and panic I realised I was carrying my spouse's Oyster card

 

the last bit you should not say

so simply end that with ...

 

and I panicked.

 

 


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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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