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    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Caught using someones bus pass - already have a suspended sentence


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Hi guys

 

Earlier his morning I got caught using a relatives bus pass on West Midlands Network Buses.

 

Completely my fault, I held my hands up and apologized.

I was in a rush to get to the job center as I had an appointment to tell them I was going to be starting my new job next week.

 

As I got off at the stop, the inspectors were checking the tickets and as I didn't have a photo card, they pulled me over, ran a few checks and I admitted it wasn't my pass.

I am completely broke and couldn't afford a ticket, literally.

They asked me to pay £40 there and then, but I had nothing on me.

 

The inspector said they would send a letter through the post and I would have to pay the £40 fine.

However, looking at online forums, there are some people saying they've been summoned to court for the same offense.

 

This worries me a lot as I have a suspended sentence for a motoring offense earlier this year.

Does this mean that if I get summoned to court,

and they convict me of using someone else's bus pass,

I could be sent to prison?

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Yes, if you get summonsed to Court and convicted of an offence, they MIGHT activate a previous suspended sentence.

 

Of course, that is IF they prosecute, and IF you were found guilty, so a lot of IF’s and MIGHT’s, but what else did you think a suspended sentence meant?

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moved to the transport forum.

 

there are lots of threads here for you to read

 

simply send them a grovelling letter

apologising

and offer to pay and reasonable cost to keep your name clear and your future employment prospects.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the responses.

 

I have a few questions if someone can possibly answer.

 

1) How likely is it that they would prosecute? Then how likely is it that the courts would activate the suspended sentence violation?

 

2) On the ticket that the inspector served me, it says "In order to avoid legal action please ensure that settlement is made immediately by forwarding this ticket together with a cheque, postal order, or by card payment (not cash) to:-..." Then it has the address underneath. So if I was to make the payment tomorrow, would there be ZERO chance of this going to court?

 

3) if I was to make the payment immediately, can the court still prosecute at a later date?

 

4) On the back, in the extract from the conditions of carriage, it says "Standard fare means the sun of £40.00 if paid within 21 days or £70.00 if paid thereafter". Does this mean I have 21 days to pay the £40 and I would avoid ALL CHANCES of the court contacting me?

 

5) The inspector said I'd receive a letter in the post and then to make the payment once that comes. Does he mean a letter from the bus company, or from the court? Should I wait for this, or should I just go ahead and make the payment?

 

6) Is there any realistic chance nothing would come of this? Also, the DOB on the ticket is wrong, any chance I could get away with it?

 

7) I'm about to type up the letter to send to them. Should I mention I have a suspended sentence, or is that info best avoided? Not sure if that would strengthen my case as they may feel sorry, or if it would weaken it.

 

8) I'm looking to make payment by card, do I still need to write a letter? Also, would they accept card details written on paper if I send them with the letter? Like the long number, expiry, and CVV.

 

Sorry if I'm asking too many questions. I'm just about turning my life around what with a new job, and now I've got this issue to stress me out. If I had more money available, I wouldn't think twice about paying it off, but if I have to pay it off, I would have to borrow the money from a loan company. I've truly learnt my lesson and wouldn't do it again. But I just need to avoid a prison sentence.

Edited by Aaron85
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is this the ONLY time you've used the pass?...that ONE DAY

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am with Step Change the debt charity. They've made me a budget planner and financial statement. I could forward that to the bus company to show how broke I am.

 

I've also a history of depression, and can advise them to contact my doctor.

 

And also I have now made a bus pass in my own name. Not sure how much f all this helps though.

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why type in red leave alone......

 

I didn't see your very top line sorry.

Earlier his morning I got caught using a relatives bus pass on West Midlands Network Buses.

 

yes do this

you'll here no more about it.

2) On the ticket that the inspector served me, it says "In order to avoid legal action please ensure that settlement is made immediately by forwarding this ticket together with a cheque, postal order, or by card payment (not cash) to:-..." Then it has the address underneath. So if I was to make the payment tomorrow, would there be ZERO chance of this going to court?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Thanks.

 

I'm not sure why the text is coming out red. I'm new here.

 

But that sounds ideal. I'll just make the card payment tomorrow. Makes me feel better that the court will not contact me in any way. Would never do anything like this again.

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