Jump to content


  • Tweets

  • Posts

    • so the debt is statute barred then more than 6yrs since your last payment?  
    • what is an OCA letter? you follow post 2 as stated. dx    
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? CA Auto Finance UK Limited How many defendant's  joint or self ? One (self) Date of issue –  02 May 2024 Particulars of Claim What is the claim for – Unpaid car loan 1. By an agreement in writing dated 26 November 2015 and made between the Claimant and the Defendant, the Claimant loaned the Defendant a sum of money. The agreement was Regulated. 2. The Defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. 3. On the 7 February 2019 the balance due from the Defendant was £8,196,38. The Defendant has paid £0.00.       THE CLAIMANT THEREFORE CLAIMS  1. £8,196,38 2. Contractual interest to the date hereof £0.00 3. Further interest at 10.70 per annum (£0.00) per day until judgement or sooner payment. 4. Costs to be assessed. CLAIMANTS CLAIM £8,196.38                                         What is the total value of the claim? £8751.38 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car Loan When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch 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. Original Creditor was FCA Automotive Services UK Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? No and No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Unaffordable What was the date of your last payment? Feb 28 2018 Was there a dispute with the original creditor that remains unresolved? Yes (irresponsible lending and they did not supply all documents when CCA sent. The Terms and Conditions they sent as part of the request were different to the original Ts and Cs. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Staff Pass Misuse - TfL SJPN


Recommended Posts

not a wise idea...as a court summons could be next then bailiffs.

whats it for please?

a car you didn't update your V5C on when you recently moved? re:so some form of traffic offence poss?

or could it be a travel pass issue that you were not supposed to be using?

i will guess the latter .....you got stopped by an inspector recently i bet.

moved to the public transport forum.

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... 

Link to post
Share on other sites

Hello, welcome to CAG.

I agree with dx, if this is a court summons you shouldn't ignore it. The court would find you guilty in your absence and the consequences would build from there.

Is it definitely a court summons? It would help if you post a pdf of their letter please, with your personal details covered up.

You can negotiate with TfL up to and including any court date and on the day, you can speak to the TfL prosecutor to ask for an out of court settlement.

Please let us see the correspondence.

Best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

i used a staff pass

they don't know i don't live at the address the letter was sent to, my dad could return to sender, so technically i never received the letter.

My sister in law works for TFL and told me not to respond but return to sender especially since i don't live there.

I am unable to get the letter to show now

also my last name is different from whats on the letter

Link to post
Share on other sites

Do you know why they would have the wrong surname?

It sounds as if TfL have contacted your sister about this. They take misuse of staff passes very seriously, as I understand it, and I'm thinking she should contact her union rep in case she's in trouble over lending her pass.

It's difficult to advise you further without seeing the letter [cover up your personal details, address, etc]. Are you able to get hold of a copy of it please?

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Are you sure it's a summons? They are rarely used these days. More likely to be a "Single Justice Procedure Notice."

But it doesn't matter. What you are considering is unwise. Anybody sending documents associated with legal proceedings has only to prove they were sent to the recipient's last known address. So long as they do that it is deemed "served". As for the name discrepancy, where did TfL get your name from?

Hiding away from these things is never a good idea.

 

  • Like 1
Link to post
Share on other sites

Yes it a SJP letter, similar to what others have posted.

The name of the person on the letter no longer exists legally, it’s my maiden name and the address is incorrect.

What’s the worst that can happen?

Whatever decision they make I won’t receive or know about it

Link to post
Share on other sites

2 minutes ago, mariaabs85 said:

I know but what’s the worst that can happen? 

What we said earlier.

ETA: And, as I said earlier, this will come back to your sister and I imagine she'll be called to a meeting about it. TfL, as I also said, take misuse of staff passes very seriously and it could threaten her job.

Another question - how many times did you use the card? They can check back on its history.

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

52 minutes ago, mariaabs85 said:

The name of the person on the letter no longer exists legally, it’s my maiden name and the address is incorrect. 

 

That is not correct. You continue to exist as the same legal person whatever name you call yourself and irrespective of whether you change your name on marriage.  "The SJPN was in my maiden name" will not work as a defence.

Link to post
Share on other sites

  • dx100uk changed the title to Staff Pass Misuse - TfL SJPN
1 hour ago, mariaabs85 said:

I know but what’s the worst that can happen? 

The worst? The worst rarely happens. Right now a court hearing, ticket prices, costs, possible criminal record and anything consequential to that.Potential repercussions for any staff member involved.
Like I say, the worst doesn't happen as much as people might think.

But it is always made worse when compounded by other offences. For example, providing false details or no details when under caution. Occasionally, if it goes to court, this might be considered as an attempt to pervert the course of justice.

(Note that change of names due to marriage, divorce etc. are matters of public record and easily discoverable—sorry.)

So, really, your best bet is to avoid a court case, no?

 

1 hour ago, honeybee13 said:

So your relative got you a pass of your own or you used their staff one?

HB

I think @mariaabs85 might mean that a family member works for TfL and that staff member is in turn allowed to nominate a named member of the same household an ancillary pass.

So I gather it is the nominee pass the OP has been using rather than the staff pass itself.

Some essential clarity would help us help the OP. Although, to be fair, when their opening post asks for advice on breaking the law—! 😬

Edited by Grotesque
stray apostr'
Link to post
Share on other sites

2 hours ago, mariaabs85 said:

My sister in law works for TFL and told me not to respond but return to sender especially since i don't live there.

really, should know better than that working for them....

have you got the original letter from TfL about the incident a few months ago? where is that?

you should have responded with a begging letter via email to TfL trying to get an OOC settlement .

how many times have you used the staff pass?

would there be a pattern to the use?

it's very important you interact by answering these questions else this could cost you not far short of a £1000 fine in total if you continue to ignore everything and not ACT.

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... 

Link to post
Share on other sites

The worst that can happen, should you continue to ignore this, is that you will be convicted and sentenced in your absence.

What the sentence may be is a little difficult to say as you have not told us what offence you have been charged with. There are a number of possibilities, including offences under TfL bylaws up to fraud (a criminal offence which can carry a custodial sentence). You will be informed by post (at the same address as the one you gave) and if you ignore that, enforcement action will be taken against you. This may see bailiffs or enforcement officers attempting to enforce any financial penalties and may ultimately end in your arrest (again, depending on the sentenced imposed).

TfL take the abuse of staff passes very seriously and rarely offer out-of-court settlements. In any case the time for that has long passed and since you seem intent on trying to evade the matter entirely and are  unwilling to engage with them anyway, the likelihood of it happening now is even smaller. 

  • Like 4
  • I agree 1
Link to post
Share on other sites

  • 1 month later...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...