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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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Joercityfan v YB ***WON***


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Hi there I've not posted here for a long time but I thought I would bring you up to date.

Filed with MCOL against YB at the end of March. No acknolagement or defence filled by the 19th of May, applied for judgement by default which was granted, no contact from YB so applied for the bailiffs to go in, which again was granted. Does this mean I have won or should I put the celabrations on hold?

Has anyone esle been in this situation? Will YB have anything up their sleeve I should be aware of?

Cheers

Joe

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joercityfan, I presume you have applied for a warrant of execution. They may apply for stay of judgement which would delay your claim, but i think you are so far down the line now. You will get your money soon.Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Parkvale

I applied for judgement by default which was grated, then I applied for a warrant for the bailiffs to go in which again was granted and moved to my local court for exicution.(I think).

Joe

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jo, read my GE Money thread. It is exactly the same as what you are going through.

I can smel;) l your cheque.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi guys to cut a long story short I applied and was granted judgement by default on the 22nd of May, I then applied and was granded a warrant of execution on the 23rd of May. Today I have recieved a letter from Clydesdale Bank Legal services saying they are defending the claim and that I haven't provided them with any details of account number or list of charges to which I have sent them 3 copies.

Can they defend a claim after judgement has been awarded?

Please help I thought I had beat YB.

Cheers

Joe.

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Sadly I think they can get away with this. I would send them a letter stating that you have already supplied details of the account and a list of charges but include a copy again.

 

If anyone with further knowledge can tell you any different then I'm sure they will be along to correct me.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Hi there (again) I've just had a thought and I would be very happy hear you others guys & Gals thoughts on it.

I recieved a letter from YB solicitors from Bonny Scotland saying that they are defending the claim (even though I have been granted judgement by default and also I have requested the bailiffs to go in which again was grated) and saying that they have not recieved any requests or account info from myself ect ect, I am not filing agaist their head office but my local branch and all the letters and lists had been sent to the local branch.

What I'm trying to ask/say is I am claiming from my local branch and therefore should I ignor the letter as it is not from my local bank?

I am grasping at straws?

All your thoughts & advice are as all ways greatfully recieved.

Joe

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  • 2 weeks later...

Hi guys I just phoned the Bailiffs regarding the warrant against YB that was issued on the 23rd of May. I recieved a letter from YB solicitor on the 25th May saying they were defending the claim & want acc details ect ect.

I phoned the bailiffs 5 mins ago to see what was happening and to my amazement they said they had recieved a cheque form YB for the full amount but I will have to wait 21 days until I recieved the cheque. Do I take this as a win or should I still hold my breath? Starting to fell chuckle to myself (can't help it) & laugh at YB for all their snotty & cocky letters and attitude. Oh sorry just under £5000.

:razz: :razz: :razz: :razz: at YB & Clydesdale.

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Would seem like a win but wait until the cheque is in your hands before raising the roof.

 

Also why will it take 21 days to get the cheque to you?

 

Does it mean that YB have paid the baliffs who will then bank the cheque, get 21 days interest and then pay it to you?

 

If so can you not ask that they pay the interest to you?

PPMAN159

 

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Hi PPMan159

I don't know why 21 days the bailiffs said it was something to do with insolvency as they had sent the cheque to them????

However Iwould have thought they would have paid it straight into my account.

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As the claim was instigated by yourself I would have thought that the cheque should have been paid direct to you.

 

Why not give them a call back to find out why it is going to take 21 days-seems a bit odd to me.

PPMAN159

 

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Hi again I've just spoke to the bailiffs again asking why the 21 day wait it is because any amount of money over £500 that they are asked to collect has to be held in case the person/persons goes into recievership. this according to the bailiff is a legal requirement if the bailiff is paid direct.

Cheers

Joe.:-|

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Fair enough but I would still think that the interest on the funds should enter the equation at some stage.

PPMAN159

 

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Hi guys I just phoned the Bailiffs regarding the warrant against YB that was issued on the 23rd of May. I recieved a letter from YB solicitor on the 25th May saying they were defending the claim & want acc details ect ect.

I phoned the bailiffs 5 mins ago to see what was happening and to my amazement they said they had recieved a cheque form YB for the full amount but I will have to wait 21 days until I recieved the cheque. Do I take this as a win or should I still hold my breath? Starting to fell chuckle to myself (can't help it) & laugh at YB for all their snotty & cocky letters and attitude. Oh sorry just under £5000.

:razz: :razz: :razz: :razz: at YB & Clydesdale.

Well done, joercityfan 902684, at least you know it's coming and it's all over now.

nervous.

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;) Cheers nervous

Started in Feb 4 months isn't that long really but I can't understand why they draw it out so much.

All I can say is what everyone else is saying stick at it and don't let them (YB/Clydesdale) put you off. They WILL & DO PAY just stick at it and to your time scales not theirs, state all the facts when dealing with thier legal team including mentioning all the the letters they or your bank has sent you aknowleaging they have recieved all your account details and tables of charges and that you will use these if nessercery. It's long winded but it seems to work.

Best of luck & oh just for the record I'M going after all my charges post 6 years as well now.

keep the faith

Joe.:D

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Congratulations Joey, although I've never heard of a cheque taking 21 days to clear. Given the profits the NAB group have been showing I don't think bankruptcy is an issue either.

 

Is there anything in writing from the bailiffs about this, and if they will pay you interest on your money. After all they've had a fee as payment.

 

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