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    • I've looked up Multiple Encashment Fraud. When they put the chargeback amount back into my bank account, which they did the day I made the chargeback, I spent the cash over the next couple of weeks. I did this because I assumed I would win the chargeback due to the fact that I did everything required to win it. So me spending that cash, according to them is Multiple Encashment Fraud. They are saying I fraudulently made a chargeback so that they would put that amount back into my account so I could spend it, and basically rip the bank off.
    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
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Sillyboy2019

Thameslink - Only Paid For Part Of Journey

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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.

 

 

 


..

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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

 


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