Deduction of Earnings Order, but they have the wrong individual

[ldsfit]

The trainline have now replied back saying they tried to get the court to cancel the hearing but i'm told i have to attend still. I have asked if i need to make a defense i was told "No you don’t need to make a defence as I we will not be pursuing the cases any further. You do need to make the Statutory Declarations though, the clerk of the Court will guide you through this. I will try and get you on first if I can at the hearing."

[jaguarsuk]

The trainline have now replied back saying they tried to get the court to cancel the hearing but i'm told i have to attend still. I have asked if i need to make a defense i was told "No you don’t need to make a defence as I we will not be pursuing the cases any further. You do need to make the Statutory Declarations though, the clerk of the Court will guide you through this. I will try and get you on first if I can at the hearing."

Prepare a Defence as if a trial is happening, intentions and emails are all well, but until you are there and the clerk of the court confirms the conviction overturned you need to treat this as if it will proceed. It is not over until it's over.

[ldsfit]

Prepare a Defence as if a trial is happening, intentions and emails are all well, but until you are there and the clerk of the court confirms the conviction overturned you need to treat this as if it will proceed. It is not over until it's over.

OK go it. Thank you.

[ldsfit]

So i attended court today and everything was withdrawn from lack of evidence. The clerk had a great way of still making me feel guilty. Statutory Declarations were signed etc and i am told to expect a delay on my money being put back in to my account. I was also told that Bailiff's may still turn up at my property (fantastic!) and i should show them my form given by the court saying it has been disbanded.

So... How do i go about claiming compensation? The train prosecutor told me that is was likely that the courts mixed up the perpetrator and myself and the really perpetrator probably had the same name and DOB. This has been a huge amount of stress. I have already written a defense letter which i didn't get to read in court but it explains my sleepless nights, pain from my recent surgery, loss of earnings, damaged reputation with my employer, in debt with my academic studies, waste of my time etc.

Where do i go from here?

[jaguarsuk]

Bump this thread again on Monday as it’s weekend

[Amethyst]

Well done for going through that today, I'm glad it worked out right, but rubbish that you have to be made to feel guilty and not sure when you'll get your money back or if you're going to have to deal with more hassle from bailiffs - as well as all the rest of it that you've had to go through to get this sorted.

So I'm thinking first step is to write to the train company who started all this off with their incorrect info being passed to the prosecutors, make a formal complaint and go from there.

Someone else will know better how to kick things off better than I I'm sure xxx

[Phaeton]

Well done

[MIKE770]

should they not issue notice of discontinuance to the court, then refund of all monies paid within the content???

[jaguarsuk]

So i attended court today and everything was withdrawn from lack of evidence. The clerk had a great way of still making me feel guilty. Statutory Declarations were signed etc and i am told to expect a delay on my money being put back in to my account. I was also told that Bailiff's may still turn up at my property (fantastic!) and i should show them my form given by the court saying it has been disbanded.

So... How do i go about claiming compensation? The train prosecutor told me that is was likely that the courts mixed up the perpetrator and myself and the really perpetrator probably had the same name and DOB. This has been a huge amount of stress. I have already written a defense letter which i didn't get to read in court but it explains my sleepless nights, pain from my recent surgery, loss of earnings, damaged reputation with my employer, in debt with my academic studies, waste of my time etc.

Where do i go from here?

This is the first course of action:

So I'm thinking first step is to write to the train company who started all this off with their incorrect info being passed to the prosecutors, make a formal complaint and go from there.

Most TOCs have an internal unit that does all of their own prosecutions and so they should have done due diligence before initiating the court action. They certainly should have kept the files archived, but it is the operator that is at fault here.

Basically you want compensation of defamation of your good character due to this becoming known to your employer, compensation for the stress and hassle this has caused you during recovery from an operation, any charges or late payments penalties on bills you have incurred due to your reduced income you want compensating and any other losses too.

Tell them if they do not contact you and/or they are not willing to right this wrong amicably within 28 days you will consider your legal options and possibly whether it might be in the public's interest to hear of this via the press.

They should hopefully come back with a grovelling apology and offer.

[ldsfit]

This is the first course of action:


Most TOCs have an internal unit that does all of their own prosecutions and so they should have done due diligence before initiating the court action. They certainly should have kept the files archived, but it is the operator that is at fault here.

Basically you want compensation of defamation of your good character due to this becoming known to your employer, compensation for the stress and hassle this has caused you during recovery from an operation, any charges or late payments penalties on bills you have incurred due to your reduced income you want compensating and any other losses too.

Tell them if they do not contact you and/or they are not willing to right this wrong amicably within 28 days you will consider your legal options and possibly whether it might be in the public's interest to hear of this via the press.

They should hopefully come back with a grovelling apology and offer.

OK cool, thanks. Do i send them a letter explaining the above or should i email their Head of Prosecution (who i met at the court, as i have his email details)?

[jaguarsuk]

OK cool, thanks. Do i send them a letter explaining the above or should i email their Head of Prosecution (who i met at the court, as i have his email details)?

I would either go through the normal complaint procedure or for the CEO. The Head of Prosecutions would just hand it off to one or the other to deal with as complaints are not their remit.

[ploddertom]

Sorry hadn't read previous

[ldsfit]

UPDATE:

The train company has now responded (image below).

The funny thing is, they stated this should have been mentioned in court for them to possibly agree on compensation. The clerk made it quite clear that i was simply there to sign the statutory declarations and every time i was talking about the case she simply asked me to just read and sign the declaration.

On a positive, i now have written evidence that they admit i was wrongly accused.

I still haven't received my money back. I'll get in contact with London Collections Unit (who started all this off) and see what the delay is. However, i was told that this delay is to be expected.

What do you guys think are my options now?

Again, thank you all so much for any help.

[paulajayne]

2008 - Is that correct?

[ldsfit]

Yes that's correct. It was for two cases in 2008 and one in 2010.