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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Sillyboy2019

Thameslink - Only Paid For Part Of Journey

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Posted (edited)

Hi,

 

As my name suggests, I have been a really silly person.

 

I was on a Thameslink train and only bought a ticket for part of my journey. The Revenue Officer talked to me, obtained my details and I signed a form stating that I didn't have the right ticket for the journey.

 

I am so so worried about being prosecuted and am deeply embarrassed. In fact worried isn't the word, petrified is a better word 

 

I have no idea what happens next or what the likely outcome is fine, prison etc?

 

I would be delighted if someone could give me an idea as to what I am in for in respect if a likely outcome and process.

 

Talk about being an idiot and learning the hard way. Lesson has been learnt today, I promise.

 

Thanks

 

SB

Edited by Sillyboy2019
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Hello and welcome to CAG.

 

People should be along later to advise, but forget about prison, this doesn't happen for rail fares.

 

Is it the first time you've done this?

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thanks HB, much appreciated. Although not prison is a criminal record likely or is it typically a fine? 

 

Yes, first offence. 

 

Does the process take long, just wondering I long I can expect this to hang over me. 

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await IF a letter comes.

 

 


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3 hours ago, honeybee13 said:

People should be along later to advise, but forget about prison, this doesn't happen for rail fares.

 

 

Prison isn’t even a possibility unless:

a) they successfully prosecute under the Regulation of Railways Act (RRA) 1889 s.5 offences (requiring intent, rather than ‘just’ the Bylaw 18 offence of failing to show a ticket)

(which is part of why - in general - you [or anyone else posting] should tell us what the letter says, if /when you get one) The other part of ‘why’ is for the RRA offence they have to prove intent

b) it’d have to be a 2nd or subsequent conviction under the RRA.

 

So, put aside thoughts of prison (but don’t risk it again!)

 

 

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dx100uk - so they dont send a letter out every time?

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Not every time, I believe, but of course we have no way of knowing which cases they might let go. A letter can take up to about six weeks to arrive, it depends on the rail company [TOC].

 

If it's a journey you do regularly, you could look into buying a season ticket to show good faith.

 

HB


Illegitimi non carborundum

 

 

 

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Hi all,

 

After a worrying 3 months I have just received a 'Notice of intention to prosecute ' letter and need to reply within 14 days. It also references their intention to take this to the Magistrates Court.

 

The details of the offence are:

 

...did enter a train for the purpose of travelling on the railway, and upon inspection at LB; did not produce a valid ticket entitling travel.

 

Can you advise on a suitable response to GTR. 

 

I am really worried, it talks about criminal record and prison sentence etc.

 

Thanks

 

SB

 

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so you've not been reading up here in the last 3mts then?

you don't get sent to prison for a silly one off mistake

 

there are numerous threads here with the format of a letter that you can base a suitable response upon.

 

one of which is:

 

 

 


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Thanks.

 

I have but am still worried.

 

What is the likelihood of this going to court do you think? And getting a criminal record 

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for a one off offence!! very remote unless your OOC settlement begging letter falls on death ears or is lacking in some way.

 

dx

 


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How about this as a response:

 

Dear Fare Evasion Manager,

 

With regard to your letter dated 18 November, I would like to sincerely apologies for purchasing the incorrect ticket for my journey. 

 

This was an oversight on my part and one which I am very embarrassed about.

 

I can assure you this will not happen again and I would like to offer to pay the difference in fair as well as the administrative costs incurred by GTR.

 

I apologies again for the inconvenience caused. 

 

Regards 

 

Should I go in to more detail if this is tok short and missing the point ?

 

Thanks

 

 

 

 

 

 

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“It was an oversight” seems a bit vague....

 

If you admitted more when interviewed it might be seen as you now trying to minimise the offence and not fully accepting responsibility.

So, it also depends on

a) the circumstances (what really happened?), and

b) what you said had happened at interview .....

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A) I bought a ticket to where I got a connecting train but not for the second leg it was a mistake.

 

B) I cant remember exactly as it was quite scary and happened so fast, but I said I made a mistake and bought thr wrong ticket 

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So change the sentence to:

 

 

This was an error on my part and one which I am very embarrassed about and take full responsibility for. 

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I would use the format and sentiments of that example imho

yours is very brief ..

 

dx


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I agree with dx. We  normally encourage people not to waffle, but your letter needs expanding on and some more detail of what happened on the day, I would say.

 

We also suggest buying a monthly or longer season ticket to show good faith, if you're a regular traveller.

 

HB

 

 


Illegitimi non carborundum

 

 

 

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I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.

 

On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.

 

I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.

 

I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.

 

I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.

 

Regards

 

I cant offer to get a monthly ir annual as I only travel a handful of times per year.

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That still leaves it unclear if:

a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or

b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’
It can’t be both.

 

Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)

Edited by BazzaS

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Thanks for the feedback.

 

Its B. But I'm worried about the intent piece and what it can mean in terms of criminal record.

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Does their letter mention any law or byelaw under which they might prosecute?

 

HB

 


Illegitimi non carborundum

 

 

 

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It just says this under details of the offence:

The details of the offence are:

 

...did enter a train for the purpose of travelling on the railway, and upon inspection at LB; did not produce a valid ticket entitling travel.

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it would be extremely rare for someone to get a criminal record off of one matter of poor judgement even if you obv intended to defraud.

everyone is allowed to make poor decisions during their lifetime and learn from a gracious let off not to be so ….stupid again.

 

 

 


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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Thanks DX.

 

So how would you propose I draft this point in my response?

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I would say b covers it nicely

 

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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