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    • Ok, thank you dx. I was struggling with that because I didn't want to state things they don't know. So if I change the line at the top of the second paragraph to say something like "My actions are inexcusable; I know that TFL are only able to operate if everyone pays their fare and I feel so guilty about attempting to breach public trust by using a freedom pass that's meant to help the most vulnerable in our society and that I had no right to use."   Do you think that's good enough? I'm really trying not to admit to multiple uses as they haven't brought it up, but I'm also not trying to suggest I've only used it once because that isn't true.   For the documents, do you think I shouldn't include them? Because on the letter I think it says something about giving evidence for my mitigating circumstances. I've also seen other threads where people don't include evidence and then TFL write them back saying they don't believe the person will lose their job/health/immigration etc. because of a conviction.    Thank you, I've taken out the ref to the inc docs at the end and the "I think". 
    • we dont usually see people inc documents.   you haven't directly mentioned use of the pass and what type, it might be better to include as that directly acknowledges that you know you did wrong. and their 'charge' against you which you should directly address.   without it your letter is a generic reply. and might not cut the mustard. also remove ref to inc docs at the end.   i'd also remove the 'i think...' A precsecution will etc etc.. 
    • andys defence did not mention counter claim anywhere.....   it said compensation - but you left the whole original para 4 in your defence?
    • Hi again guys, I've been thinking about the letter and have drafted it. I'd really appreciate it if you guys could let me know what you think. I've tried to express how remorseful I am (without saying sorry too many times that it becomes annoying), show mitigating circumstances and avoid admitting to multiple use/ use of a freedom pass because they didn't mention it in the letter.    To whom it may concern,   My TFL case number: XXXXXX   I firstly want to thank TFL for giving me the chance to explain my behaviour. I appreciate the seriousness and stupidity of what I have done and I deeply apologise for my actions. I hope to explain how a prosecution would leave myself and my baby in a very difficult situation.    My actions are inexcusable; I know that TFL are only able to operate if everyone pays their fare and I feel so guilty about attempting to breach public trust, I haven’t been able to sleep as a result. As a teacher, my job requires a high level of integrity and I have to get (enhanced) DBS checked annually. According to my terms of employment I’d be obligated to report if I’m being prosecuted and a conviction would result in me losing my job (please see document). I am currently pregnant and as the sole income earner in my house and a soon to be single mother, the loss of my job would financially devastate me and my child.    I have several long-term mental health conditions including anxiety, clinical depression and BPD (please see my attached medical record). I’ve suffered from panic attacks my whole life and whilst there is no excuse for my behaviour I’d like to explain that whilst being questioned by the Revenue Protection Officer, I suffered an acute panic attack and in a moment of panic and stupidity was dishonest with him during our conversation. My anxiety set in and out of fear I made a stupid decision to be dishonest. I’d like to sincerely apologise to the specific officer and TFL for that.    I have never been in trouble with the law in the past (please see my most recent DBS) and I ensure that I won’t be in the future. I have already bought a season pass for the London Underground (please see document ) which I have been using/will continue to use and I swear that I will never do this again. Ever since the incident (and especially since receiving the letter) my anxiety and panic disorders have been unbearable and my heart rate and blood pressure have been higher than normal as a result. I fear the heightened stress of being prosecuted, coupled with my existing mental health issues will negatively impact my health during my pregnancy.    Additionally, I am currently in the UK as an EU citizen, under the EU settlement scheme (please see document) and have recently applied for British citizenship (please see document). A criminal conviction would certainly be noted against me by the Home Office in the “good character” requirement for becoming a British citizen. Additionally, my current right to remain in the UK is dependent on me having a clean criminal record. I’m 21 years old and I’m just beginning my life; I’ve found a career that I love in primary school teaching, I'm hoping to become a British citizen and most importantly I’m going to become a mother. A criminal conviction would negatively impact every aspect of that and whilst I know that I have no one to blame but myself, I’m hoping you can show me some leniency in this matter.   I am happy to make immediate payment of all unpaid fares and any incurred costs that my actions have caused. Whilst I know what I did was wrong and I’d really like the opportunity to make amends, I think a prosecution/conviction would have an unfair and disproportionate impact on my health, my employment, my immigration status and on my child’s health/financial wellbeing. I hope that I’ve explained myself well and provided enough evidence, if you need anything further from me to help you reach your decision please let me know. Thank you again.    Yours Faithfully, My name   *The documents I'm going to send are; my employer's policy regarding criminality, the relevant parts of my medical record showing my mental illnesses, the train season ticket I've bought since then, my most recent work mandated eDBS, my immigration status and proof that I just recently applied to become a British citizen.
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getting hold of original t & c..banks claiming charges are for service...


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Hi all,

 

I was just wondering, especially with the LTSB fresh in our minds, that their written defence in court stated that the charges are for a service not default charges..what line of argument can we put up to argue that they are default charges and not for a service...If thats the way the banks defences are going to go now.

 

Also, how do i get an original copy of t & c's from when i first opened my account...i've been with nationwide for 25 years and just put my claim into MCOL yesterday and anticipate them going all the way.

 

One thing i did think of is when i got the first letter from all of the companies i'm claiming from refusing to pay, i dont believe any of them referred to the charges as a service..anyone else have any other ideas??

 

 

Also, roughly how long after first issue would you be loking at a date in court if it goes that far?

 

 

 

 

many thanks

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Hi there.

There is an appeal going out for copies of old terms and conditions.

We are reasonable confident that we will be able to get hold of these particularly since we have probably the biggest userbase of bank claimers in any single claims site.Everyones help therefore is needed.

As regards the Lloyds criteria there are active discussions going on here at cag you should follow these forums and keep abreast with developements.

A number of factors can decide how long your case will come up there is no hard and fast pattern its a case of doing all your submissions right and then relying on the workload of your court to fit you in.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi all searched high and low for my ts & cs but all though ive got all my statements from 10 years ago have not hoarded the t n cs so if any one can help I would be most gratefull for a copy from around 1996 for a business account with the unco-operative... many thanks GC

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  • 4 weeks later...

Hi Shagtastic, take a look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/96412-has-anyone-used-chief.html

 

Hopefully that helps you out, i'm just preparing to file my claim, as the Nationwide's deadline is a week on Tuesday to reply to my letter before action.

 

I think the info on that thread will help you dispute any claims by the Nationwide that their penalty charges are "service charges", if you want me to email you the scans of the Nationwide leaflet, send me a PM, and i'll send them on to you.

Best wishes

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