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CrossCountry Fraud Department demanding £6,000 – advice need

novaellesims

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Hi everyone,


I’m a university student and CrossCountry’s Fraud Department has demanded over £6,000, alleging invalid Railcard use, incomplete tickets, and refunded tickets after travel. They say if I don’t pay by 17 July, they may review the case for prosecution.


I’ve challenged their calculations and asked for evidence, but they rejected my response.


Has anyone been through something similar with CrossCountry? Any advice on what to do next would be really appreciated.
 
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WesternLancer

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Hi everyone,


I’m a university student and CrossCountry’s Fraud Department has demanded over £6,000, alleging invalid Railcard use, incomplete tickets, and refunded tickets after travel. They say if I don’t pay by 17 July, they may review the case for prosecution.


I’ve challenged their calculations and asked for evidence, but they rejected my response.


Has anyone been through something similar with CrossCountry? Any advice on what to do next would be really appreciated.
Yes. You will find other threads on here that are very similar involving cross country and or their enforcement contractor ITAL

But it will help if you can upload copies of anything they have sent you and any replies you have sent them for experts here to read and then advise you on your options. Remove your personal details and any ref numbers before uploading.

But can you clarify some things eg

Were you stopped by staff without a valid ticket in the last 6 months?

If so they can prosecute you for that one occasion and they will probably easily secure a guilty verdict. They don’t have to provide evidence for all the other occasions because what they are probably offering you is an out of court settlement to cover all the other things they suspect you of doing. If you don’t pay they will prosecute you for the occasion they believe they can easily secure a conviction.

Can you prove to them you did not do those things? If so we would typically see them remove the sums accordingly.

In some cases it’s possible that going to court might result in a lower sum than they are asking if found guilty (eg court fine is less than £6k) but you would end up with a criminal record which most people want to avoid.

If you were stopped without a valid ticket why was the ticket not valid?

Have you bought tickets discounted with a railcard when not owning a valid, in date railcard?

Have you refunded tickets that you had used for travel?

Have you short fared eg bought a ticket for only part of your journey?

You know what you have or have not been doing. Are cross country correct in their suspicions?
 

AlterEgo

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How much do you think you owe them and on what basis?
 

tatitiliti

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Hi everyone,


I’m a university student and CrossCountry’s Fraud Department has demanded over £6,000, alleging invalid Railcard use, incomplete tickets, and refunded tickets after travel. They say if I don’t pay by 17 July, they may review the case for prosecution.


I’ve challenged their calculations and asked for evidence, but they rejected my response.


Has anyone been through something similar with CrossCountry? Any advice on what to do next would be really appreciated.
I think we need confirmation that you’ve been physically stopped on a train or at a station with an invalid ticket and had your details taken.

If this is the case, as a university student, if this is their final offer, I’d probably reject it and go to court on the basis that:

- If you’re at least one year away from graduating on your court date, a prosecution under byelaws (most likely) or Regulation of Railways Act is spent after 1 year and, after this time, does not have to be declared and is very unlikely to appear on DBS checks when you apply for jobs.

- You are likely to get a considerably lower penalty than the £6000 settlement as CrossCountry will have to drop journeys that you deny and they cannot prove you made beyond reasonable doubt (depending on what you show us).

For example, is there anyone else that you could be purchasing tickets for on that account? Did you abandon some journeys without travelling for which they won’t have scan data? In essence, it’s only an offence to actually travel with an invalid ticket, not to purchase them (just think about that, you don’t need to answer!).

- A court will offer an affordable repayment plan, whereas CrossCountry usually won’t (though you can ask).

You should also try to negotiate further with CrossCountry - be sure to politely but resolutely stand your ground and don’t let the threat of court undermine your negotiating position, as CrossCountry would prefer the money and case closed quickly without progressing to court.

It would help to see all correspondence you’ve had with CrossCountry and examples of the journeys they claim and you dispute so we can advise you on your position.
 
Last edited:

Swedenorer

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Hants
Hi everyone,


I’m a university student and CrossCountry’s Fraud Department has demanded over £6,000, alleging invalid Railcard use, incomplete tickets, and refunded tickets after travel. They say if I don’t pay by 17 July, they may review the case for prosecution.


I’ve challenged their calculations and asked for evidence, but they rejected my response.


Has anyone been through something similar with CrossCountry? Any advice on what to do next would be really appreciated.
Have they sent you a spreadsheet of the disputed fares? If so how have you challenged the amount?

If you were stopped on a train it is correct that you could be prosecuted within six months for that one offence of not having a valid ticket. But they could also make a claim against you in the County Court for their other claimed losses.

HOWEVER there was a case on here until a day ago - since deleted or I can't find it - where GWR were claiming a similar amount and it emerged that unlike what most had been assuming - that they would simply make a civil claim for the loss on the county court - they were clearly thinking of using the Fraud Act 2006 based mainly on invalid railcard use. They could also I suspect use it in the case of invalid refunds.

Read the questions in post #2 carefully.
 

davp

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- If you’re at least one year away from graduating on your court date, a prosecution under byelaws (most likely) or Regulation of Railways Act is spent after 1 year and, after this time, does not have to be declared and is very unlikely to appear on DBS checks when you apply for jobs.
I disagree with this advice. We don't know what the OP is studying. For some courses, usually related to regulated professions, a prosecution and/or conviction should be disclosed as soon as it happens. Similarly if the OP is working they should check whether this is a condition of their employment. If the OP is in this situation then early conversations with the student support services would be a good option.

If a job application doesn't require disclosure of a spent offence then it shouldn't matter whether or not it is likely to appear on a DBS check, and provided it is actually spent it doesn't need to be disclosed in this situation. However some jobs, especially those that have enhanced DBS checks, require any prior conviction to be disclosed. Failing to disclose that (even if it no longer shows on a normal DBS check) would be seen as dishonesty by an employer or regulator if they later found out about it.
 

WesternLancer

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I disagree with this advice. We don't know what the OP is studying. For some courses, usually related to regulated professions, a prosecution and/or conviction should be disclosed as soon as it happens. Similarly if the OP is working they should check whether this is a condition of their employment. If the OP is in this situation then early conversations with the student support services would be a good option.

If a job application doesn't require disclosure of a spent offence then it shouldn't matter whether or not it is likely to appear on a DBS check, and provided it is actually spent it doesn't need to be disclosed in this situation. However some jobs, especially those that have enhanced DBS checks, require any prior conviction to be disclosed. Failing to disclose that (even if it no longer shows on a normal DBS check) would be seen as dishonesty by an employer or regulator if they later found out about it.
This is good advice.

XC/ITAL will
Play hard ball if they think they are owed £6k in evaded fares and won’t hesitate to threaten prosecution which I would ultimately expect them to hold good on.

But this is the sort of case where letting it go to court could be a cheaper option than paying £6k. Possibly.
So the op should do a detailed check on the impact and thus potential indirect costs to them of having a criminal record if it did go to court.

But we do need to know more about what xc have said to the op in their letters.
 

AlterEgo

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£6000 is a lot of alleged fraud and CrossCountry are not easy to deal with. I would be very wary of playing hardball, this is a significant amount of money and potentially a lot of criminal offending. Remember the company reserves the right to simply call the police and have them deal with the matter, which will probably involve being arrested.

For £6k I'd be getting a solicitor immediately.
 

Snow1964

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I think the Op needs to be bit more forthcoming if they want help and advice. Especially as suggesting 3 different things. So need clarification to reply.

Invalid railcard use. Does that mean expired railcard, not having a railcard but claiming railcard discount, or buying cheaper tickets for different type of railcard.

Incomplete tickets, I am guessing they mean only bought tickets for part of a journey, to/from a gated station, but as they didn't start or finish at other end of ticket validity never passed through the entrance/exit gates

Refunded tickets after travel. If this was done in bulk bound to raise suspicion and warning flags. Especially if any of the tickets was seen as used (scanned by a gate or on train) then clearly claiming a refund for a used ticket is fraud.

£6000 sounds like dozens or hundreds of occasions, if that is the case then it is industrial scale fraud, or fare dodging and really need a solicitor.

The Op needs to explain what they actually did, and if they do owe hundreds (or Thousands) of pounds for underpaid travel.
 

spotify95

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£6000 is a lot of alleged fraud and CrossCountry are not easy to deal with. I would be very wary of playing hardball, this is a significant amount of money and potentially a lot of criminal offending. Remember the company reserves the right to simply call the police and have them deal with the matter, which will probably involve being arrested.

For £6k I'd be getting a solicitor immediately.
Also if CrossCountry do go ahead with a prosecution, there could be:

1. CrossCountry go the simplest way of prosecuting for the 1 offence they can prove (where they stopped the OP). This would probably be cheaper than the £6k being quoted and have a minor criminal record.

2. CrossCountry prosecute for the offence that they stopped the OP for, but then also ask for other offences to be taken into consideration. This would result in a summons, and probably wouldn't be any cheaper than the £6000 out-of-court settlement being offered.

3. CrossCountry have enough evidence to charge the OP under the Fraud Act of 2006. This is by far the worst option - not only does no one want to have a criminal record for fraud, but also a fraud conviction can carry a custodial sentence - unlike the railway bylaw offences which are dealt with by a fine.

If I owed £6k in unpaid fares I'd be straight to a solicitor who deals with fare evasion cases.
 

Haywain

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1. CrossCountry go the simplest way of prosecuting for the 1 offence they can prove (where they stopped the OP). This would probably be cheaper than the £6k being quoted and have a minor criminal record.

2. CrossCountry prosecute for the offence that they stopped the OP for, but then also ask for other offences to be taken into consideration. This would result in a summons, and probably wouldn't be any cheaper than the £6000 out-of-court settlement being offered.

3. CrossCountry have enough evidence to charge the OP under the Fraud Act of 2006. This is by far the worst option - not only does no one want to have a criminal record for fraud, but also a fraud conviction can carry a custodial sentence - unlike the railway bylaw offences which are dealt with by a fine.
Or:
4. CrossCountry prosecute for the one offence they have proof of and then go down the civil route for the £6000.
 

tatitiliti

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Or:
4. CrossCountry prosecute for the one offence they have proof of and then go down the civil route for the £6000.
They can prosecute for multiple counts. But they will have to prove it. Even with enhanced DBS checks, spent byelaw prosecutions don’t show up unless the police have a good reason to retain it.

£6000 is a lot of alleged fraud and CrossCountry are not easy to deal with. I would be very wary of playing hardball, this is a significant amount of money and potentially a lot of criminal offending. Remember the company reserves the right to simply call the police and have them deal with the matter, which will probably involve being arrested.

For £6k I'd be getting a solicitor immediately.
Yes, but to get arrested and referred to police, they’d have to go down the Fraud Act route which I’ve only seen for considerably greater sums where there is an intelligence-led stop with CCTV trail (so far greater burden of evidence) or things like dodgy DR claims (where RoRA doesn’t apply).

OP really needs to give us more detail.

== Doublepost prevention - post automatically merged: ==

I disagree with this advice. We don't know what the OP is studying. For some courses, usually related to regulated professions, a prosecution and/or conviction should be disclosed as soon as it happens. Similarly if the OP is working they should check whether this is a condition of their employment. If the OP is in this situation then early conversations with the student support services would be a good option.

If a job application doesn't require disclosure of a spent offence then it shouldn't matter whether or not it is likely to appear on a DBS check, and provided it is actually spent it doesn't need to be disclosed in this situation. However some jobs, especially those that have enhanced DBS checks, require any prior conviction to be disclosed. Failing to disclose that (even if it no longer shows on a normal DBS check) would be seen as dishonesty by an employer or regulator if they later found out about it.
I suppose it depends on OP’s overall appetite for higher risk/reward!
 

spotify95

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They can prosecute for multiple counts. But they will have to prove it. Even with enhanced DBS checks, spent byelaw prosecutions don’t show up unless the police have a good reason to retain it.


Yes, but to get arrested and referred to police, they’d have to go down the Fraud Act route which I’ve only seen for considerably greater sums where there is an intelligence-led stop with CCTV trail (so far greater burden of evidence) or things like dodgy DR claims (where RoRA doesn’t apply).

OP really needs to give us more detail.

== Doublepost prevention - post automatically merged: ==


I suppose it depends on OP’s overall appetite for higher risk/reward!
Hence, what ToCs (and TfL) do in this scenario is they prosecute for the single offence that they can prove the OP committed as the ToC would win that case. They would then ask for any other offences to be "taken into consideration", where the accused then admits or denies whether they committed the remaining offences. This is IMO the most likely route CrossCountry would take, and would result in a summons to court.

Less likely (IMO) are: the single time that the OP was stopped is prosecuted by itself via SJPN, or the single time the OP was stopped results in a prosecution and then follow-up civil action for the other suspected fare evasion.
 

railuser429

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Hi, I myself have gone through this process myself.


For anyone who recognises my case, I'm pleased to say the matter has been settled, outside of civil court.


What I have found is that it's unlikely to go to prosecution, its not in their interest anyway, they want the money thats it. At most you'll get a civil claim against your name (lawsuit) which you want to avoid really. You want to settle before the civil claim is put in.


They're going to have a number that they are happy with, I would look to find out what that is, I'll explain how I got there.
For my case, I calculated the amount I personally owed on the date on travel, (theres a website to do this someone will link it) vs the amount you paid. Lets say I paid £10 for a discounted ticket and the none discounted ticket is £10 I owed £10. Don't try go around tecnicalities of I had a railcard then, or someone else travelled, I didn't do this, its your own judgement.


I looked at full adult fare for my ticket type (lets say off-peak day return), these companies will try and get the most out of you by demanding any time singles, the most expensive fare. It's very reasonable to offer an amount back based on what you realistically owed. So that discounted my sum massively.
I did this for every journey and came up with my own figure. They would've likely sent you a doccument based on what they think journies you did or they have data for, ticket scans, etc and the amount you owe.


I would request opening a Subject Access Request to Cross Country, this will help you figure out what evidence and data they're running on and you can see for yourself what you owe.

These guys here are very helpful and knowledgable so I thank them for the infomation.
 

SECR 65

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WesternLancer

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Hi, I myself have gone through this process myself.


For anyone who recognises my case, I'm pleased to say the matter has been settled, outside of civil court.


What I have found is that it's unlikely to go to prosecution, its not in their interest anyway, they want the money thats it. At most you'll get a civil claim against your name (lawsuit) which you want to avoid really. You want to settle before the civil claim is put in.


They're going to have a number that they are happy with, I would look to find out what that is, I'll explain how I got there.
For my case, I calculated the amount I personally owed on the date on travel, (theres a website to do this someone will link it) vs the amount you paid. Lets say I paid £10 for a discounted ticket and the none discounted ticket is £10 I owed £10. Don't try go around tecnicalities of I had a railcard then, or someone else travelled, I didn't do this, its your own judgement.


I looked at full adult fare for my ticket type (lets say off-peak day return), these companies will try and get the most out of you by demanding any time singles, the most expensive fare. It's very reasonable to offer an amount back based on what you realistically owed. So that discounted my sum massively.
I did this for every journey and came up with my own figure. They would've likely sent you a doccument based on what they think journies you did or they have data for, ticket scans, etc and the amount you owe.


I would request opening a Subject Access Request to Cross Country, this will help you figure out what evidence and data they're running on and you can see for yourself what you owe.

These guys here are very helpful and knowledgable so I thank them for the infomation.
Thanks for taking the time to post this - helpful comments from direct experience.

I couldn't quickly find your thread to check this, but wanted to ask if it also involved Cross Country Trains / ITAL ? If so this is particularly relevant advice

Might also be good, if easy for you to do, to post a copy of your post here on your own original thread too, in case people see that in the future? Just a thought obviously.
 

Coleridge

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I couldn't quickly find your thread to check this, but wanted to ask if it also involved Cross Country Trains / ITAL ? If so this is particularly relevant advice

Might also be good, if easy for you to do, to post a copy of your post here on your own original thread too, in case people see that in the future?

Isn't this the long thread that was recently deleted?
 

railuser429

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Thanks for taking the time to post this - helpful comments from direct experience.

I couldn't quickly find your thread to check this, but wanted to ask if it also involved Cross Country Trains / ITAL ? If so this is particularly relevant advice

Might also be good, if easy for you to do, to post a copy of your post here on your own original thread too, in case people see that in the future? Just a thought obviously.
Cross country were a party in some of my routes yes, so theyre just as entilted to. However the same priniciples I believe still apply.
Thread was taken down whilst proceeding was ongoing, it'll come back once a admin posts it again.
Isn't this the long thread that was recently deleted?
Yup.
The one with Great Western, rather than CrossCountry, I suspect.
It was GWR. The same points apply regardless of TOC.
 

AlterEgo

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CrossCountry are a very different outfit to deal with than GWR, it isn't the case that what is acceptable to one is acceptable to another.
 

WesternLancer

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Cross country were a party in some of my routes yes, so theyre just as entilted to. However the same priniciples I believe still apply.
Thread was taken down whilst proceeding was ongoing, it'll come back once a admin posts it again.

Yup.

It was GWR. The same points apply regardless of TOC.
Thanks for answering those.

Same points would apply I'm sure - but Cross Country / ITAL (their enforcement contractor) are different to deal with and although the OP here has not uploaded any documents it sounds like they are dealing with Cross Country as the operator that stopped them - right from the get go from what we see on here they take a combative position.

I see OP @novaellesims on this thread has not yet been back to look at any of the responses to their post / provide us with more information in answer to questions posed about their situation. The most critical being whether XC are still within the 6 month period that they were stopped and questioned or not.
 

tatitiliti

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Cross country were a party in some of my routes yes, so theyre just as entilted to. However the same priniciples I believe still apply.
Thread was taken down whilst proceeding was ongoing, it'll come back once a admin posts it again.

Yup.

It was GWR. The same points apply regardless of TOC.
No they don’t - from past experience, CrossCountry/ITAL handle cases very differently to GWR.

You say they don’t want it to go to court but for a small amount like this from a penalty fare that’s been correctly issued (let’s say for argument’s sake), they will get their costs back and OP will have to pay extra costs and get a criminal record. So they likely won’t care either way.

It’s not like a case where they’ve identified a few thousand in lost revenue from past journeys after a stop and they will likely get far more recovered from settling than going to court, which is why TOCs usually settle out of court for such cases.
 

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