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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
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act0145

TFL Oyster 18+ Student Card - multiple uses over 3mts - Caught **SETTLED OOC**

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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

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

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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?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

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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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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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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 apology 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 .


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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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?

 


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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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.

 

 


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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