Mortgage with criminal conviction

redkev76

Hi

I need help and I need it asap please as I need to decide what to do today. Bit of background first...

October 2008, working in Marble Arch, jumped on bendy bus, thought I had money on Oyster but I didn't. Before I could get off at next stop I got stopped by inspector and fined. I was told I could appeal and did so sending 3 months of oyster receipts to show that I swiped on both ways every day and also had mitigating reasons for forgetting, ie, 2nd child had been born 2 months before alongside a daughter just turned one, wife not working and had found out the previous week I was being made redundant and was working my notice whilst looking for another job so was extremely stressed and pre-occupied.

I spoke to TFL after they received my appeal and the person I spoke to told me they had received my documents and that I had a case for appeal and that they would be in contact. They also told me that if the appeal was unsuccessful I would be able to pay reduced fine within the 14 day period.

Never heard anything more from them so I thought (perhaps foolishly) that the appeal had been successful. 3 months ago I got a court letter saying that in May 2009 I had been found guilty and fined in my absence. After 2 months of being given wrong information, threatened with bailiffs etc, I went to court to get a statutuory declaration that I had never received any correspondence after I spoke to them or anything advising I was being taken to court. Judge agreed with me in court and, after reading all the correspondence I had given him from the courts, confirmed that I had been given the wrong information all the way through and granted my stat dec.

I have now received a new court date for Dec 9th and need to decide what to do. I ring TFL but I can't ever speak to anyone as to why they have never just given me the chance to pay their fine as they indicated and there is no point pleading not guilty as it will just rack up the costs when I won't win anyway as I had no money on Oyster. I am likely to plead guilty with mitigating circumstances.

My concern is that I am about to buy a car and will be applying for a mortgage in next 6 months. I have checked with Admiral (who I will be getting insurance through) and they said they would not check anything other than motoring convictions so i'm ok there. On the internet, it says that my conviction would be considered unspent for the next 5 years so I would have to declare it. However, I have just spoken to someone at South West Magistrates Court and they have told me that I would not have to declare it on any forms as it is only a minor offence but it would show up on a CRB. Sorry for rambling!! Anyone help?

Cheers

Kevin

USM

Are you sure this is a criminal conviction? What have you been charged with?

Senior_Paper_Monitor

Have a look at this page .......

http://www.adviceguide.org.uk/index/your_world/travel/public_transport.htm

redkev76

Thanks Senior, just had a look at it but still doesn't say anything definite about the conviction.

USM, according to the court papers it will lead to there being a criminal conviction on my record. The confusion is over whether this will give me any long term problems. I just want to get it done with so i'll swallow the cost if needs be but i'm concerned about the conviction. So frustrating as if TFL had just written to me and turned down appeal, i'd have paid fare and this would have been done 2 years ago.

Conflicting information on the internet although I have now checked a few sites for building insurance quotes and they seem fine so that doesn't look like an issue and it seemed that it might be

redkev76

Sorry USM, actual charge is 'failing to pay fare'

PinkPeach

This won't affect you buying a house or car. However, in regard to your home insurance you will need specialist insurance for your buildings and contents cover until your conviction is spent.

Have a look at the UNLOCK website, it's full of helpful info for people in your situation. They also provide a good list of insurance companies.

For the car insurance, Lloyds TSB are also another option as they also don't take into account crimial records.

redkev76

Hi Pink, I have been on the Admiral website and have received a quote and an option to buy on there for home and buildings insurance and there was no question regarding criminal convictions etc.

I spoke to them over the weekend regarding car insurance and they were only interested in motoring offences for that. Surely if I am given an online quote and I go ahead, there wouldn't be any subsequent questions about convictions would there?

Senior_Paper_Monitor

Excellent site - very interesting PinkPeach (have added it to my reference links)

PinkPeach

Hi Red, whatever you do please, please do not purchase insurance without informing them of your conviction - I believe it's actually an offence to not tell them as it's legally your duty to disclose any material facts - this is anything which may affect your insurance and is YOUR duty to tell them, not theirs to ask if you have anything to disclose.

You are 90% likely to find that most mainstream insurers won't accept anyone with a conviction for home insurance, if they do they will give you a ridiculously high premium because they don't really know that to do with you. Go to a specialist insurer/broker listed on the UNLOCK website and you'll most likely find that they can insure you with a similar premium to a normal insurer, but rest assured you will be covered...and thats what really counts. Have a look at section 8 of this page which explains all about it, http://www.unlock.org.uk/staticpage.aspx?pid=11

The car insurance isn't so much of an issue as you have found out, quite a few insurers will accept non-motoring offence convictions. Just remembered, Marks & Spencer will also accept those with convictions so they may be worth a try as well.

redkev76

Thanks Pinkpeach. It just seems crazy that I am meant to tell them something that they hadn't asked me.

I can't see any possible reason why me being on a bus without realising I had no money on my oyster could subsequently mean I am likely to burn down my house or the like!! Just ridiculous. Even the idea that I have to go on a website for offenders who are trying to rebuild their lives just to find insurance is crazy!!

Surely if it was such an issue for them, they would have to ask on the form before you buy it?

PinkPeach

Red, it actually may be worth you ringing a specialist insurer who will be able to explain the situation to you. I realise that when this happens to you, no-one actually tells you the ins and outs of how to go about sorting yourself out. From my experience the specialist brokers/insurers have always been very helpful at explaining insurance for those with a conviction - my husband has a conviction and I'm the one who sorts out our finances, to start with it was like a minefield as I didn't have a clue about any of this but it's actually nothign to worry about. They will be able to tell you better than I can though about why you must disclose to any insurer, I'd hate for you not to and then get into trouble down the line if you did need to claim.