Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1957 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

When I was caught using my mom's freedom pass, 'the caution' was read to me AFTER I answered all the questions and was asked to sign the notes. I was NOT asked to review the notes just to sign.

 

 

  • Is it how it is supposed to be done?

 

After the questions and my signature the caution followed and I just felt sick. The officer offered free legal advice but I refused because I was mentally and physically unable to continue.

 

 

  • Can I still request free legal advice should I go to court?

 

I think I wasnÂ’t informed that I DID NOT have to answer the questions WITHOUT legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway... but:

 

 

  • Was the caution read to me legally in this order?
  • Should I mention it in my apology letter?

 

With a case number saying to fill in the form on the reverse of the letter with plead guilty or not guilty within 10 days – no intention to prosecute yet. I intend to plead guilty because I did commit this offence. If I accept committing the offence I need to provide any exceptional reasons as to why they should not prosecute me. They stopped me just after I crossed the tube gates at Northolt station so I didn't have a chance to actually make any journey. After all the questioning they let me out and I went back in using my credit card.

 

I only have 4 days to reply as I only received it today (I was checking the post ever since the incident – it took them only 4 days to write it to me – is it a bad sign?) so I only have a week to reply L. So please can you help me understand:

 

  1. What the legal consequences will be? I am talking about worst case scenario. I am pretty sure I will be prosecuted, will be given a criminal record, huge fine (how much do you think?) but will not be jailed as this is my first offence? Or am I wrong and can get to prison? Will my employer need to know? Will I get fired?
    • If this happens can I appeal and how?

 

[*]My exceptional reasons (I guess these are the mitigating circumstances) is my mental illness.

  • I have suffered from depression, anxiety, associated disorders and side effects caused by being on antidepressants for about 10 years – all is GP documented. As a result I have suffered from frequent serious disorders – just imagine the worst for a depressed person as I donÂ’t feel like providing such details. In addition I recently started a therapy to stop smoking and the side effects of the medicine are severe and are not helping my mental state. Especially the last 2 years have been very hard for me, I lost my job, my person life crumbled, I had difficulty getting out of bed and so onÂ… and finally 3 weeks ago I found a job (which again added a lot of stress as I want to keep it at all costs) and I was caught only after 2 weeks of working.

 

[*]I was asked if it was my first time:

  • I honestly donÂ’t know and this is what I answered. My mom and I keep exchanging bags and stuff and I have been too stressed out to check which card I had in my bag – they have the same cases. So the worst case scenario is that I have been using it since January/February this year but irregularly like 1-3 times a week or weeks of not using it at all.

 

[*]‘the caution’

  • Was read to me after I answered all the questions and was asked to sign the notes. I was not asked to review the notes just to sign. Later came the caution and I just felt sick. He offered free legal advice but I refused because I was mentally and physically unable to continue. I think I wasnÂ’t informed that I didnÂ’t have to answer the questions without legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway but:

 

  1. Was the caution read to me legally in this order? I.e. after I answered all the questions and was asked to sign the notes without reviewing them?

[*]Apology letter

  • I intend to write everything that happened, the card/bag mix up, my mental issues, plead guilty, apologise, ask not to be prosecuted, not to get a criminal record, settle out of court, offer the payment of all the associated fees and penalty etc.

 

  1. Does it sound right?
  2. Should I add something about the caution that to me should have been read at the beginning?
  3. Should I add anything else to help my case?

Thank you very much for reading this! As you can imagine I am losing my mind, I am scared, terrified I overmedicate so that I donÂ’t have to thinkÂ… any words of wisdom will help so please, I am begging you help me if you can.

Link to post
Share on other sites

Don't start trying to pull the legal stuff on them.

 

The best you can do is to be completely contrite, open, honest and make it clear that you've learnt a lesson and you will never do it again.

Link to post
Share on other sites

Thank you for your reply.

Yes, my letter is very humble, contrite, open and honest.

 

I am begging for mercy and I’m offering to pay any fees and penalties they think I deserve and/or do any social/charity work that might help me not get a prosecution and a criminal record.

 

I was actually planning to write the 'caution' at the very end as a ps. just in case it changed anything.

 

Are you saying I should not even mention it? Even if it was done wrongly? And I presume it was but I don't know the law that’s why I’m asking…

Edited by dx100uk
quote spacing
Link to post
Share on other sites

No don't do it. Very undiplomatic in the circumstances

Link to post
Share on other sites

were you caught going/coming from work?

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... 

Link to post
Share on other sites

good.

you should have focussed on that part

they cant prove anything outside of a differing timeframe.

 

I was caught only after 2 weeks of working.

 

so the VERY maximum journeys they might think you have made is 10.

 

you've just started a new job, so I would guess you've not been paid yet either?

 

still not an excuse for using the card

or mistakenly using the card.

you indicate you had other cards and the wallets look the same

so.. did you top up the other card with money for your journeys to/from work?

 

 

if you didn't your I mistakenly used the wrong wallet excuse is blown straight out the water

did they note the other card

did you tell them about

is it in your name?

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... 

Link to post
Share on other sites

the oyster card is in your name good

now did you put money on it to travel the two weeks of work?

 

dx

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... 

Link to post
Share on other sites

No I didn't load my card.

As I explained earlier I thought I was travelling on my credit card as usual.

With the new job I didn't have time to check all the fares, daily, weekly, monthly, yearly, substract holidays, working from home and calculate what was the best option for me.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

But the officer did not take the details of my credit card,

he took the details of my expired student oyster card with some top up credit on it.

Does it answer your question?

how should I proceed now?

 

I'm really desperate and so frightened.

If I get a criminal record I will lose my job, I will have another breakdown, I won't be able to find a new job and I have no idea how I will get on with my life.

 

I am so angry as I have always lived honestly and I have never done anything illegal or similar.

In all my life I have always been a law abiding citizen paying my taxes and bills always on time, and living in accordance with all the rules and regulations.

And now out of the blue I am in huge trouble and I really have no idea why it happened :-(

Edited by dx100uk
merge/quote
Link to post
Share on other sites

well don't be

its not a big deal

and if you read here on cag there are numerous cases of these being settled OOC.

even at the court room door on the day.

oh and no you will NOT goto prison!!

 

you've got to do the letter properly mind.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

 

 

can you scan up your letter please to PDF read upload

lets see exactly what it alleges.

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... 

Link to post
Share on other sites

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

---

Unfortunately this is the problem I am experiencing with my mental health, depression and anxiety.

You know you need to do something, even something very simple like brushing your teeth, and when you are about to do it, you get a feeling that it is so overwhelming, so huge and impossible to achiveve that you just give up, don't do it, start crying and don't get out of bed for a week or 2 until someone notices your abscence and comes to help you...

Have you got anyone with such problems?

 

THere are many forum on this topic and the only consolation to me is that I am not the only one in this situation....

If this 'make things difficult' I will need to ask my therapist to attend the court and explain what depression is all about...and it is not easy.

Link to post
Share on other sites

all to your advantage poss

 

anyway can you scan your letter up:

lets see what they are alleging please

PDF read uipload

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... 

Link to post
Share on other sites

Sorry what is 'poss'?

 

and sorry I dont have a scanner but they don't say a lot:

 

TFL, date, addresses...

 

On date... you were reported to TFL for failing to produce a valid tickets....

the facts of this incident are being considered and I must advise that legal proceedngs may be taken against you in accordance wit TFL's prosection policy.

 

In order to deal with it correclty,

please return the information requested with any comments within 10 days...

in writing, by email to or post.

Provide a copy of a valid photocard.

 

you do not have to reply but it may harm our defence...

failure to respond may result in matter being progressed without furthe notification.

for more information refer to TFL's revenue enforcement and prosecution policy....

TFL will use your personal information for administering enforcement activity.... including prosecution... fraud prevention. We may also share it with london councils...

your personal info will be properly safeguarded in accordance of data protection...

In cetrain circumstances TFL may disclose this info with the police and others... yours sincerely

And at the back the requested info: personal info plus 1- I deny and 2 I accept and are asking for exceptional reasons including evidence as to why TFL should not prosecute.

 

Any advice please? pretty please?

 

Sorry, not sure how to delete this post as I can't find the delete option and it is a duplicate.

Edited by dx100uk
quote/merge/dupe
Link to post
Share on other sites

post 22 here attachment

 

type out EXACTLY word for word the 1st sentence of your letter upto in order for TFL …

the rest is std. we KNOW what they say after that its the same

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... 

Link to post
Share on other sites

Dear Madam

On date... you were reported to TFL for failing to produce a valid ticket, pass or photocard for your journey on the London Underground. The facts of this incident are being considered and I must advise you that legal proceedngs may be taken against you in accordance with TFL's prosection policy.

 

In order for TFL to deal with this case correclty...

 

Is it really bad? or just standard? What does it mean exactly?

Link to post
Share on other sites

pretty much std them like that other one above.

opps I see links aren't posting hang on

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Thank you! I wrote 2,5 pages in my appology letter - is it far too long? I've been working on it since yesterday and I just have no idea how to reduce it :-(

For now I feel to ashamed to ask a friend for help to proofread it so I am asking here. Can anyone please help?

Link to post
Share on other sites

use the example I posted

briefly insert you stuff as a couple of short sentences

no more than that

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... 

Link to post
Share on other sites

I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

Link to post
Share on other sites

you must always check back to when YOU last posted

not just hit an email link

cag only alerts you to the last post.

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... 

Link to post
Share on other sites

I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

 

It's good to put things in your own words so they don't think you've just copied a template. Try to condense it to under a page. They don't need paragraphs on your mental problems, they should understand depression and so on. Just sentence or two is enough.

 

And I wouldn't major on the bag mix-up, everyone tries that one.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...