Platomey
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I actually spoke to my bank today and they told me that getting money back when using Visa Debit is extremely difficult and is unlikely to work (unless it's a fraud). If I had used Visa Credit card then it would have been much easier. So lesson for the next time.SCC sounds appealing actually - I may try it. Problem with the Ombudsman (as you stated) is that it will take at least 3 months according to their rules so a very lengthy process indeed!
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Also, the problem with this route is that I will potentially be liable for their legal costs if the court rules in their favour (I maybe wrong here but it sounds logical) plus whatever I will need to pay to the court. However, if I do it through the Ombudsman I will not have to pay anything at all. So perhaps it makes sense to do this first through the Ombudsman and then going to SCC if unsuccessful?
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Would you recommend suing them rather than trying to get the money back via the Property Ombudsman?
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I seriously doubt it will work - on what grounds am I supposed to get this money back from my bank? The bank will just tell me that I gave my consent for the the transaction with my pin number. Also, who would pay in this case? £500 has already been wired to the agent's bank account - my bank can't get £200 from the agent's bank, can it? I also think that in my case my bank won't know if I did or didn't go ahead with the tenancy and therefore would be really uneasy about any chargeback
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Yes, does this change anything?
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This wasn't a security deposit for the property but a holding deposit to take it off the market. This is a standard practice I believe so I am fine with them keeping £300. But in my case they simply overcharged me (I was on my lunch break so was in a hurry and didn't read the receipt properly) so I am trying to return the overpaid £200. The agency is TheCityrooms.com
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Just the Holding Deposit Receipt that stated some Terms and Conditions regarding the holding deposit and the breakdown of what I paid (£500) and what I would need to pay on my first day (ie deposit, first month rent, etc).
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By debit card - I have a receipt as well
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Hi, I was going to rent a room through an agency and paid a Holding Deposit of £500.00 to secure it. However, my circumstances changed and I am no longer able to move into this room. Although I realise that this Holding Deposit is non-refundable I believe that I was misled by the lady who was dealing with me and had to pay £500.00 instead of required £300.00; this is a sentence from my Holding Deposit Receipt: “Now that you saw and chose the property, the next step is sign a holding deposit receipt and leave £300.00 as prove of your interest”. The receipt also states that this is a non-refundable deposit that will not be refunded if I don’t take up the tenancy. Unfortunately I didn’t see this and paid £500.00 as requested by her. I saw the agency today but they told me that they will not refund me anything. They said that it was £500 instead of £300 because there was just a week left before I was due to start my tenancy. This is not mentioned anywhere on the receipt though. They also said that basically it doesn't matter what the Receipt says as long as I was fine to pay what was requested it is all non-refundable. Do you think I should be able to get £200.00 back as I was only supposed to be charged £300.00 initially? I am considering making a complaint to The Property Ombudsman. Thank you in advance for your assistance. Tony
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Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
As far as I know prosecution for an allegation of fare evasion are always heard in a criminal Court by Magistrates. So it's very unlikely to be a Civil matter. Would you suggest I contact the court and ask why the conviction doesn't come up? I guess I still need to tick the box "convictions and fines" if asked. -
Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
SKJP, How do I find out if it was an absolute discharge? I wan't present at the hearing but I did plead guilty at the first opportunity and also sent a remorse letter to the court. I received "Notice of the fine and collection order" following the hearings in which it read the following: Offences and Impositions: "1 / Attempt to travel on railway without paying fare" And then it goes on and specifies the fine amount. Would the letter say that I have an absolute discharge? If it's not the case, it is really strange that my disclosure certificate not reflect the conviction. -
Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
It was dealt in Magistrates court so I am pretty sure it should be a criminal matter. -
Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
Old-CodJa, I get the point and I think it is fair. Just to confirm - is Tfl prosecution always a criminal matter and result in a criminal record booked if taken to Court or it could also be a civil case? -
Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
Hi, I was taken to court and prosecuted by Tfl for using someone else's Freedom pass last October. As far as I understood from this forum and other sources this is a recordable offence and results in a criminal record. However, I have just received my Basic Disclosure Certificate form Disclosure Scotland and it is clean with no record on it! My question is, should I still tick the box "Convictions" on any pre-employment screening forms? I definitely don't need Enhanced disclosure because I don't work with vulnerable people or children so in my case I will only get checked with Basic or Standard Disclosure. My understanding is that the difference between those two is that the Basic one lists all unspent convictions whereas the Standard one lists both spent and unspent. So it looks like (unless spent already) I just don't have this conviction. So the conclusion is that since it didn't come up on the Basic disclosure I don't need to disclose it? Any input would be highly appreciated! -
Prosecuted by Tfl but CRB disclosure clean
Platomey replied to Platomey's topic in Public transport (Trains, tubes and buses)
Then it all comes down to the type of jobs I am applying to. I definitely don't need Enhanced disclosure because I don't work with vulnerable people or children. So in my case I will only get checked with Basic or Standard Disclosure. Now, my understanding is that the difference between those two is that the Basic one lists all unspent convictions whereas the Standard one lists both spent and unspent. So by definition (unless spent already) I don't have this conviction. I am really confused here - why do I need to disclose something that is not coming up on the type of CRB needed for my level of required disclosure?
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