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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
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Southeastern - Fare Evasion since July 2020


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I’ve been a bit stupid - same as most people, my wages have been cut and I have only been part paying my fare since July 2020.


Today, I get pulled over by BTP (I think, they had a shiny badge at least’, asked where I got on, I lied, got asked again and was then honest from then on.

 

I was left with a ‘caution’ and was told that she was referring the case to Southeastern and to await to hear from them.

 

First of all, I’d like to do everything in my power to settle out of court for obvious reasons. Tips on wording my letter of response would be great. Also, does anyone know if they do payment plans? I have 0 savings so won’t be able to pay a large amount as a one off payment.

 

Secondly, out of curiosity, how do they know how to target? She virtually knew everything about me before I answered questions!

 

(Yes yes I know, it was stupid behaviour!)

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how did you evade since july...not yours/fake pass?

 

eitherway you await the letter, they have 6mts.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply.

I have to jump on two different trains and only bought tickets for the second leg.

Whoever it was who pulled me aside said that I’m a ‘small fish’ compared to other people they catch but it still didn’t fill me with the greatest confidence!

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Hi.

 

Well obviously you need to start paying for the whole of your journey from now on.

 

I think all you can do is wait for the letter from Southeastern. Once it arrives, let us know what they're saying and we'll advise you what to do next.

 

HB

Illegitimi non carborundum

 

 

 

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Great thanks!

I have literally paid full fare from tonight onwards - put the fear of god in me walking back into the station!

I kept looking over my shoulder expecting the BTP to jump out at me!

I know what I’ll be seeing in my nightmares tonight...😂

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well as there will be no records? via looking at previous pass use for instance had you used one.. ?

this will simply be a case of possibly just having to pay the missing fare.

you don't often see them going any further for what is a single ticket misuse or failure to purchase issue

you might not here anything at all.

 

the fact you've done this since july matters not.?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the reply - we shall wait and see!

It’s all logged on a Southeastern Key Card - do you think that makes a difference?

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Posted (edited)

Wait and see what the letter shows.

 

by “She virtually knew everything about me before I answered questions!” was this in the style of:

 

a) “What is your name”, “Jegan”, “Yes, I knew that”, or

b) “Jegan, how do I spell your name correctly”?

 

b) would suggest more of a targeted RPI operation, but the letter (especially if it mentions multiple offences or “taken into consideration” offences) will make things clearer.


As there will be a “key card” log of your ticket purchases : I’m not so sure that it’ll be a case of “the use since July 2020 won’t matter”.

All they’d need to do is ask you (under caution) “have you been living near [your true starting station] since July 2020”


Is your true starting station manned / Does your true staring station have barriers?

Edited by BazzaS
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Sorry, I meant that she seemed to knew exactly where I had got on and how long I had been doing it for - I wasn’t even sure myself when I had started not paying full fares!

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i severely doubt they had any idea how long, they just don't do that kind of backtracking on individual passengers...more probably carefully worded questions and you fell for them..but it doesn't really matter if you admitted to 'whatever', they won't have evidence of those i bet my hat.

 

more probably , as bazza says, its been discovered and a known issue with lots of people doing it since xx date and it was an operation to stop the 'regular' offenders.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think I might have dodged it a bit - ‘she said have you been doing it since July and I answered with ‘I can’t remember, I think since last year.’

Tried to keep that answer relatively vague.

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i would thus suspect that from july there has been some kind of network infrastructure 'loophole', be it by no barriers or WHY in xxx place to prevent it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That makes a lot of sense, the barriers were up more often than not.

Looks a bit like they’ve deliberately led people into the same kind of situation as I’m in. 
 

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Posted (edited)
5 minutes ago, jegan11 said:

 

Looks a bit like they’ve deliberately led people into the same kind of situation as I’m in. 
 


What? They deliberately enticed you to evade your fare?

 

Good luck with aiming for an out of court settlement if you use that approach / show that attitude.

I can bet the RPI’s notes reflect you initially lied about your starting station and that when challenged you admitted the deceit.

 

https://www.bbc.co.uk/news/uk-england-london-37494501

 

He tried to run off when challenged ...

Edited by BazzaS
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I know I was in the wrong - I’m not denying that nor would I not apologise for it.

It just made a lot of sense.
I am more than painfully aware that I am in the wrong and it has been a stressful day worrying about it.

it is most definitely not something I’d do again, please don’t think that that is the attitude I currently take or will take when replying to the letter.

I was just acknowledging that I can see how my situation happens. I never excused it. And I also understand that they have to recoup lost fares. 

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  • 3 weeks later...

I have received my letter, I haven’t yet written a response. I’m going to draft it tonight.

Any advice is greatly appreciated thank you.

photo.pdf

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Hi.

 

See what the others think but as I read the letter, they aren't giving you much of a clue about what they're alleging.

 

There's a great poster here who we haven't seen recently, Old-CodJA, who always says that you don't need to tell the train company anything they don't already know but I'm not sure how it would work in your case at the moment.

 

Please post up your first draft and we'll help you to work on it. :)

 

HB

Illegitimi non carborundum

 

 

 

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Thanks honeybee13!

This is my first draft, I think it definitely needs work:

 

‘Dear Prosecutions Manager,

 

I would first of all like to start my response by saying how deeply sorry I am.

I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff. They have been really profession throughout the whole pandemic and have always treated passenger safety as of the utmost importance.

I am ashamed of the poor decisions I have made. I’d like to try and explain my circumstances at the time I first evaded my fare but I understand that I am not alone in my situation and it doesn’t change the fact that I have been wrong in the choices I made.

I was placed on furlough and have been on furlough since April 2020. I have only been taken off furlough by my employer in the last month. I was recalled into work at the end of May 2020 and I struggled to pay the full train fare due to my reduced wages and as a result made a great error in judgement and started part paying my fares after being back at work for a little while.

I was so ashamed of myself when I was stopped by the Railway Enforcement Officer and since then, I have ensured I have paid full fare for every journey I have made.

Although my financial situation has recently improved, both my parents have had worsening health in the last month or so and due to this stressful situation, I would really like to settle this out of court if possible with a contribution towards the administration costs as well.

I’d like to end this letter by saying that that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response.’

 

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god NO!!

 

you are telling them it's more than one event,,, don't

 

esp the bit about being furlonged so long ago.

just refer to a recent return to work on low pay etc.

don't give any timings away

 

it says an incident' so you admit to that incident that due to cut in wages due to covid etc, and how very sorry you are etc.

how a criminal prosecution would kill future employment

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the feedback dx100uk!

Are there any paragraphs I should keep?

I have rewritten the furlough part.

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I’ve tweaked it but I think the first paragraph might be too grovelly:

 

Dear Prosecutions Manager,

 

I would first of all like to start my response by saying how deeply sorry I am.

 

I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff. They have been really professional throughout the whole pandemic and have always treated passenger safety of the utmost importance.

 

I am ashamed of the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare but I understand that I am not alone in my situation and it doesn’t change the fact that I have been wrong in the choice I have made.

I have recently returned to work but I have been on reduced pay for a while which led to me committing the incident mentioned. 

 

I was so ashamed of myself when I was stopped by the Railway Enforcement Officer and since then, I have ensured I have paid full fare for every journey I have made.

 

In regards to a possible prosecution, due to a stressful situation at home regarding my parents health, I would really like to settle this out of court if possible with a contribution towards the administration costs as well.

 

I’d like to end this letter by saying that that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response.’

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lose the red bit don't be pedantic..

 

don't use the health as a reason, just slip it in somewhere as a secondary thought, and that worry concerning them getting covid by you returning back to work, had delayed your return. a few white lies don't hurt.

 

pers i'd fluff it out a bit. 

something like 

 

Notice of intention to prosecute - Thameslink - changed CArNet Ticket date - Please help - **SETTLED** - Public transport (Trains, tubes and buses) - Consumer Action Group

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Great thanks! I have refined it - 

 

‘Dear Prosecutions Manager,

 

I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff. I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare.

 

I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice.

 

I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since.

 

I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions.

I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.

 

I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’

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23rd is a friday... do you get paid monthly and after the 23rd...trying to make this only supposed use look more real

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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