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    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
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pennypenny

Mbna/a&l Ppi ** Won - and paid back to 1998 **

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Hi,

 

I am in the process of claiming late fees etc from MBNA for a A&L credit card and so far have had all the charges and about half the contractual interest credited on to my card. While I was looking through my statements it occured to me I have been paying PPI on the card, not very large amounts, they range from about 3 to 9 pounds each month.

 

Then I found this section of the forum and decided to have a read. I cant remember whether I requested ppi or not but what I want to know is, I only work 15 hours a week and have done all the time I have had my card so isnt that under the hours I need to be working to claim on the insurance and also shouldnt they ask me how many hours I work when I applied for the card?

 

I've had the card since 1998 but cant remember whether I applied online or by application form, should I send a CCA to find out? I already have 6 years statements from when I sent my SAR for my charges claim.

 

Any help would be appreciated.

 

Penny:)

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I would sent them a CCA request to get a copy of the original Agreement and take it from there.

 

The more info you have regarding the PPI the better.

 

Ian


Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Thanks Ian, I will do that right away.

 

What if they dont send anything though? I have sent CCA's to other companies and never get anything back.

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If you have sent CCAs to other companies and have not recieved anything within 14 Days (12 days + 2 for Post) , you need to get chasing them, Remember if after a further 30 Days (44 in Total I think..lol) they will have commited a CRIMINAL offence, so dont let them get away with it.

 

Ian


Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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I have sent reminders but still havent received anything from them.

Anyway I have sent a CCA request to MBNA recorded delivery yesterday so I shall see what they come up with.

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I sent CCA request to MBNA on 6th of July and have had nothing back from them so I am going to send a letter requesting PPI payments back. I've had all my late and overlimit fees refunded and the card now has a credit of about £200 on it but I am wanting to get that back and close the card, will I still be able to go ahead with the PPI claim if the account is closed?

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Anyone have any idea about my last question, I have a credit of about £200 on my a&l credit card after reclaiming charges. I want to now claim PPI so do I need to close the card to get the £200 credit back and if I do close the card can I still go ahead with the PPI claim.

I've already CCA'd them but have not received anything yet, they have credited my card with the pound though. I already have all my statements from when I SAR'd them for my charges claim.

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Well, still no agreement and by my calculations the 2+12+30 is up on the 26th August so they have 4 days to send it, somehow I don't think they will. I think I will now get on with my letter to reclaim PPI charges. I know that the PPI would not pay out if I lost my job as I only work 15 hours per week and I would need to be working at least 16 hours to benefit from it so it has basically been a waste of money paying it to them. Would that be my best argument or the fact that they have not supplied any details of whether I requested PPI or not?

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I have done a rough copy of my PPI letter to MBNA, I will post it here, mainly so I can keep myself updated to where I am and also if anyone has any comments or advice feel free;

 

Dear Sir/Madam,

 

Ref: Payment Protection Insurance/Credit Card a/c No: xxxxxxxxxxxx

I took out the above credit card with Alliance and Leicester in 1998.

I believe I was mis-sold this insurance. Firstly, I was, and remain to be working under 16 hours per week and therefore I now understand that I would not have been eligible for any payments from the PPI if I had been unable to get work or was sick.

Furthermore, it was never made fully clear to me that the insurance was optional, or indeed that, should I have so wished, I was at liberty to look at other, cheaper or more suitable insurance alternatives, instead of the one that you provided in-house.

Thanks to the extensive coverage of PPI mis-selling in the media, and the recommendations made on this matter by the OFT, and having consulted with a company specialising in compensation for mis-sold financial products, I believe that I should be entitled to reclaim in full the amount in PPI which I paid on this card, which totalled £xxx. Moreover, I should be entitled to interest, charged at your own APR rate of 24.9%, to the sum of £xxx. I am therefore requesting that you refund me a total amount of £xxx. A spreadsheet detailing the individual payments and interest due is attached for your convenience.

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would require a full and detailed explanation of your reasoning, and I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service, and if necessary pursue the matter via the courts.

Yours faithfully,

I'm hoping to get that sent off in the next couple of days, they will have run out of time for the CCA request on Monday so it doesnt look like I will get that. Does that help my claim in anyway? Any help would be gratefully received.

Thanks,

Penny:)

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Well, I have received nothing at all from MBNA regarding my CCA request and the 12+2+30 days are well and truely up so I have sent the above letter today first class recorded. They have totally ignored me and not even acknowledged my request so I shall see what they come up with next. Does it improve my chances if they havent sent a copy of my agreement as they have not proved whether I asked for PPI or not?

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I havent had much time to update this but I received a reply to my CCA request on Saturday, I dont know if it had anything to do with the letter I sent them asking for my PPI back but that letter was signed for on the 31st of August and they have not responded to that yet. I will try and post their agreement on here later on as I'm not sure if its all above board or not.

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I have today received a letter from MBNA in reply to the letter I sent them asking for my PPI payments back, it says:

 

Thank you for your letter dated August 29, 2007 which we received on August 31, 2007. We are currently investigating your complaint and will send you a full response by September 27, 2007.

 

I suppose thats a standard reply, at least they are investigating it. I said 14 days though, not 28 but they were never ones to rush things were they?

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Well, surprise surprise. I was told by MBNA that I would get a response by today for my PPI prelim letter and guess what.... NOTHING. Not even a get lost letter.

So I shall start working on my LBA, see if that spurs them along a bit (I doubt it!!)

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Can anyone point me in the direction of any LBA letters for PPI as I am not sure what to put and I cant seem to find any.

Thanks:)

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I got all excited when a letter came from MBNA this morning, I didnt dare open it incase they were saying no I cant have my PPI back, but no, it says:

Thank you for your recent letter.

Please accept my apologies for the delay in responding to you; however, our investigations are taking longer than anticipated. We will provide you with a full response by 25th October 2007.

WHATTTT!!!!!!!!

That will be 2 months its taken them, how long does it take to investigate that they are in the wrong!!! Is that a good sign that it is taking so long cos they havent said no yet and they are looking in to it? I hope so.

Should I wait an extra month or carry on with the LBA to see if that kicks them into action? If so what should I put in my LBA?

Thanks for any help and advice.

Penny:)

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Hi Penny,

Looks like no one has jumped in with much help here, I have been away on Holiday etc, Just in from work and heading out tonight.. I will get some info together for you over the weekend

 

Ian


Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Thanks Ian,

Hope you had a good holiday:)

Thanks for your offer of help, it is much appreciated. I'm finding the process of claiming PPI a lot more difficult than the bank charges, but I am determined to succeed.

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Hi Pennypenny

 

Long time no see!! I am just about to start PPI reclaim for hubby so i'll be interested to see what info Ian posts up too!!

 

Also, an answer to your question on 12th Aug re reclaiming from a closed account interests me as well....

 

Good luck ;)


I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful, good to see ya,

Good luck with your hubbys PPI claim. I've got a couple on the go, this one and the other on a Halifax loan. I've also got a couple of credit card and store card charges claims to do but my brain can't cope with too many things at once:confused:.

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It does your head in doesn't it!! I'm always relieved when DCAs don't respond to CCA requests straight away because it gives me time to focus on something else. I seem to have a nice cycle going at the moment, so i'm only ever dealing with a few at once.

 

Good luck Pennypenny. I'm hoping to have a response from MBNA tomorrow. The person i have addressed dealt with me pretty swiftly last time - i'm actually quite excited!!

 

;)


I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Still no news from MBNA:-x . They must be doing a lot of investigating, it's taken them since August. How much time do they need? They say I'll get a full response by the 25th of October but I doubt it, I'll probably get a letter saying its taking another month!!

I think I need to start preparing an LBA cos at this rate I'll be waiting forever:rolleyes: !!!

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Still no news from MBNA:-x . They must be doing a lot of investigating, it's taken them since August. How much time do they need? They say I'll get a full response by the 25th of October but I doubt it, I'll probably get a letter saying its taking another month!!

I think I need to start preparing an LBA cos at this rate I'll be waiting forever:rolleyes: !!!

 

Hello Penny,

 

They are slower than slow,:roll:

 

anyway I'm first, I been waiting over 5months for my credit agreement:D


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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5 months!! Now thats slow. I actually received mine in 2 months but on the cover letter it says

"I can confirm the following are enclosed;

A copy of the Original Credit Card application

Terms and conditions

Recent statement of account

I think they are confused cos I asked for my credit agreement not an application, and what they sent me is barely legible, there is ticks in boxes but I cant read the writing to see what they are for.

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5 months!! Now thats slow. I actually received mine in 2 months but on the cover letter it says

 

"I can confirm the following are enclosed;

A copy of the Original Credit Card application

Terms and conditions

Recent statement of account

 

I think they are confused cos I asked for my credit agreement not an application, and what they sent me is barely legible, there is ticks in boxes but I cant read the writing to see what they are for.

 

Hello Penny,

I am in a bit of a purple mood today. :cool:

What have you done or not done about this:D


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Not much cos I requested it to check on the PPI information and I already had all my statements when I sent the SAR for my charges claim which cleared the balance of the card and it is now in credit so now I have sent a prelim for PPI which I am still waiting to see if they will pay up or not. I suppose no news is good news:roll: . At least they havent said no. Yet.

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