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    • I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim 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]
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whatshouldido192

Counterfeit 16+ Oyster 71 times - TfL refuses OOC settlement

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Hi guys,

I got caught using a counterfeit 16+ Oyster by an inspector in February.

I tried to explain as much as I can honestly to the inspector about who I got it from and how I got it (pretty much the same as the guys here).

 

As expected,

I got the first letter,

I replied to explain it;

 

after a few days,

I got nervous and looked for a solicitor to represent me (which actually did nothing as you can see from the title, money was not too well spent).

Today TfL replied to my solicitors that they still decide to go ahead with my prosecution, however, I'm not sure when.

 

This is my first offense ever and indeed I regret doing it but I won't deny that I didn't do it.

I tried to do as much as research as I can before getting the court summons and hope maybe they can understand my situation, in case you want to know a bit more about me so that I can seek for some advice.

 

- I've been in the UK since I was 15 (I'm 24 now) with no relatives in the country, being an international student is expensive. 

 

- I'm currently doing a Ph.D., feeling helpless for not being able to help with my family, I decided last September 2018 to get the oyster; which I aware that it's not right but didn't expect it to be blown out this much.

 

- I don't have a criminal mind (I don't think this worth mentioning since I did what I did).

 

- My grandpa was ill, he passed away last March we spent lots of money on him and his funeral as well.

 

- I felt stressed and also due to my visa I cannot work full time to provide for myself, therefore I was thinking of other ways to save.

 

- The prosecutor found evidence of me getting the benefit of free bus and discount tube for £100 with 76 uses.

 

I think that's pretty much it but here are my questions:

 

- Do you know when I will expect my court summons as it has been more than 3 months?

 

- Will this criminal record affect my visa status? I'm currently on a Tier 4, I can ask a solicitor about this but again it's too expensive :(

 

- What is the best possible way for me to communicate with the Court?

 

- At the moment,

I'm assuming for the worst scenario possible that I will pay my fine and getting a criminal record,

is there other punishment that I can negotiate with the Magistrate Court so that I can avoid this into my record?

 

- I also did a bit of research as well but I could not find the 2 cases where the conviction was not recorded, could someone with the knowledge help me link to those cases?

 

That should be all of my questions,

thank you so much for your reading!

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Hello and welcome to CAG.

 

I'm sorry about your experience with the solicitor, it's why we don't advise people to use one.

 

I can't answer all of your questions but hopefully other people here will know at least some of them.

 

As to when you might know about a court date, I believe that TfL have six months to bring a prosecution.

 

At this stage you don't want to communicate with the court, it's TfL's prosecutor or the person dealing with your case. You can continue to negotiate for an OOC settlement up to the court case and even on the day when you can speak with the prosecutor.

 

You should also read around the CAG transport forum for similar cases with counterfeit Oyster cards to see what tips you can pick up.

 

Best, HB


Illegitimi non carborundum

 

 

 

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@honeybee13 Thank you for your prompt response. Yes I aware that I should communicate with my prosecutor. I have attached here his response to my solicitor:

 

554534364_ScreenShot2019-05-21at8_02_39PM.png.763b2c137b15afd087105412cafbf825.png

 

Regarding his reply, do you think there might be another chance for me to continue to communicate with him? I will do anything that I could so that at least I won't waste the public fund for my case; I know it sounds cheesy but that's the least I can do now

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Hi guys, at the moment I have yet to receive anything for court summon.

With all the people I know (who even got caught after me, have already received the letter).

Is it common?

Should I email them again? 

 

I found another regulation about my university that if I found to have criminal charge, they might reconsider my study with the uni (meaning I can still continue the course), do you still it's still valid to present to my prosecutor to come up with an Ooc settlement? 

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they have 6mts.

 


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Yeah I know they have but just find it's weird as my case is pretty much the same with other people so I was wondering if it's worth giving it another shot in negotiating with them 🤔

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your letter might have already worked.

 

dx


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Hey Dx, could you help me elaborate by what you meant by my letter has already worked? 

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I said might...

they could be having a re think, or had one.

another way to look at this is ...IS it a waste of the courts time to prosecute YOU?

 

looking at it this way...

the route cause is TfL developed or implemented a system that could easily be subjected to fraud..so partly to blame?

the social media outlets did little to disable the fraudsters to be easily found by people...so partly to blame.

 

i know through interactions with persons connected with TfL i have away from CAG that following another recent period whereby they were actively targeting detection by placing ticket barriers etc into a mode that alerted nearby officers ....that they were quite astounded by the sheer level of these fake cards .

 

and that a resultant and well publicised series of court cases and large fines from a previous campaign had obviously thus done little to stop there use..or maybe even publicised them unwittingly?? 

 

all you can do is wait..only a few months to go.

 

 


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

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Posted (edited)

Thank you so much for your response! I really appreciate it, I won't keep my hopes up but will consider that if I'm lucky enough that'll be my chance. I will keep you guys up to date! 

Edited by whatshouldido192

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Hi guys, 

 

I've received my court summon,my court date is 17/7 and now I'm returning the form back to court.

 

there's a section called Statement the accused may with to volunteer, do you know what should I write here?

 

I have pleaded guilty and will attend court, what should I prepare on the day?

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Same response like our letter

no harm now in writing/ringing again as on the day too pleading for OOC


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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

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@dx100ukThank you so this is what I'm planning to write

 

 

Dear Sir/Madam, 

 

I am writing this letter to sincerely apologise to you regarding the incident which occurred on 19 February 2019. In light of this incident, I am truly guilt-ridden and I am aware how wrong my action were towards TfL and the people behind their operations.

 

I am a Masters in Science and currently a Doctorate candidate, with many plans for both my professional and personal future. Given my academic background, I truly understand how wrongful my actions were. What I have done was out of my character and was a result of financial and personal issues during that period of time - I was not in my best state. This, however, is no excuse, as I should have known better before breaking TfL’s regulations. This became evident to me the moment the inspector noticed my misconduct and I immediately decided to cooperate fully and provide him as much information as possible. 

 

I am prepared to pay back any fine and administrative fee that comes as a result of my misbehaviour. I hope, however, that you reconsider the decision of prosecuting me, as a criminal record would be a tragic thing for my future, I have spending 9 years in the UK focusing on studying and this is my first time doing this. I sincerely plead for your pardon and I ensure that this was a one time offence that will not ever happen again. It is my heartfelt hope that you can reconsider and withdraw my charges.

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71 times is not a one time offence

I will guess that all bar one are listed as TIC on the court doc?

 

if you are aiming for OOC simply offer to pay all resultant unpaid fare costs and admin fees. don't mention fine. TfL cant fine you only the court can if they hear the case.

 

withdraw my charges. - no dont say that..accept an out of court settlement.


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Thank you for the review! So i've rewritten it as it will need to be sent out today to return the form to court

 

Dear Sir/Madam, 

 

I am writing this letter to sincerely apologise to you regarding the incident which occurred on 19 February 2019. In light of this incident, I am truly guilt-ridden and I am aware how wrong my action were towards TfL and the people behind their operations.

 

I am a Masters in Science and currently a Doctorate candidate, with many plans for both my professional and personal future. Given my academic background, I truly understand how wrongful my actions were. What I have done was out of my character and was a result of financial and personal issues during that period of time - I was not in my best state. This, however, is no excuse, as I should have known better before breaking TfL’s regulations. This became evident to me the moment the inspector noticed my misconduct and I immediately decided to cooperate fully and provide him as much information as possible. 

 

I am prepared to pay back any unpaid fare costs and administrative fee that comes as a result of my misbehaviour. I hope, however, that you reconsider the decision of prosecuting me, as a criminal record would be a tragic thing for my future, I have spending 9 years in the UK focusing on studying and this is my first time doing this. I sincerely plead for your pardon and I ensure that this will not ever happen again.

 

 

Also, do you know how I can identify my TFl prosecutor on the day?

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Offer of ooc gone

You need to say why you wish to settle


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@dx100uk ok so  It is my heartfelt hope that you can reconsider and settle my case out of court as I am half way through my PhD research and this can affect largely on my research continuity due to university policy.

 

I'm not sure if this is going to be sufficient?

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Also I'm a bit confused on TIC(s), should I sign on which offences that I've committed or the one that I didn't?

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it states xx offences in TIC yes?

 

dx

 


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Single Premium PPI Q&A Read Here

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read upload please

PDF only


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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yep you sign all those

how many TIC's are there 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

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Yes,there are 71 of them but 3 of them happened in May (which is impossible since I don't use them so I put a note in that I didn't do this because my card was confiscated since 19 Feb)

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good work.

 

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.

 

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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Oh and also TFl is charging me with Contrary to Regulation 7(2)(b)(ii) of the Public Service Vehicles (conduct of Drivers, Inspectors, Conductors & Passengers) Regulations 1990 SI No. 1020 and contrary to Section 25(3) of the Public Passenger Vehicle Act 1981. 

 

Now, I did my research on these regulation but I'm not too clear, could anyone with the knowledge help me see if these charges are super bad?

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