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Found 52 results

  1. Hi everyone, I've lurked a little through some of the other freedom pass misuse threads but thought I'd make my own, sorry if you're tired of these. Before I get into it, call me stupid (I am) but I really did not stop to think about where the money came from so people who need it can use freedom passes, what I was doing and how wrong it was, I only found out after doing some research and I feel extremely ashamed and disgusted at myself for this. I completely admit what I did was wrong and if worst case scenario I am charged with it, I accept my faults and take responsibility. However, if it can be helped I would really not like to hinder my future career, I really do not want this time of ignorance and foolishness to determine my future. I was stopped by an inspector(?) on my way to my retail job who took my details, I admitted it wasn't my card and I had taken it from my mother to avoid paying the fee and save money, and that I had done this more than this one time. I then got a letter from TfL asking if I accept commiting the offence or not and any exceptional reasons, including evidence, as to why TfL should not proceed with a prosecution. I replied with an email expressing my remose and accepting my actions and how foolish it was. I explained why I did it, I was in a really difficult place with money which had been contributing to my depression so I had been using it to and from work, but I know this is no excuse and I know what I did was completely wrong. I also explained the adverse impact it will have on my future career, and offer reasonable monetary sums equivalent to any related fines and administrative fees incurred by the company to settle out of court. The original email was a lot more thorough and remoseful but that is the main points I had, I'm happy to show the full email if necessary. They did not reply to that email, but a few months later I recieved a letter inviting me to court. It reads: [NAME] You are required to appear on [DATE] at [TIME] before [X] Magistrates' Court at [X ADDRESS] to answer the following charge: That you on [DATE OF OFFENCE] at Oxford Circus did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. [...] On [DATE] [DEFENDANT] travelled from [sTATION] to Oxford Circus station. At 7:52am she produced a Disabled Persons Freedom Pass of high value that did not belong to her and was not valid for her to use. She admitted the pass belonged to her mum and that she was using it to save money. Further analysis of the recent usage of the pass showed an addition 48 journeys where fares totalling £237.40 has been avoided. An application will be made in court for a £338 contributtion towards TfL... I believe my case will be a difficult one considering the number of uses. I hope to settle out of court and pay any fines, and if they decide not to I will attend the court and plead guilty and explain how sorry I am even if they do charge me. Currently I am unsure what to do from here. They did not reply to my initial email. Should I be contacting the Investigations, Appeals and Proecutions team? Should I plead guilty on the court letters I have recieved as soon as possible? What exactly is Byelaw 17(1)? will I be getting a criminal record, what are my possible outcomes? I assume worst case is I get a criminal record, and best case is I settle out of court, but are there any other outcomes? How much will any kind of record hinder my career, what kind of checks are done? Thank you for taking the time to read and any advice will be greatly appreciated.
  2. Hiya - How did you find out who the prosecutions manager was and his details to be able to contact him? Many Thanks
  3. Hi there. I'm absolutely gutted I got this through for such a stupid mistake. I have just received a Single Justice Procedure notice and panicking greatly. It says I have 21 days to plead guilty or not guilty. That you on [DATE OF OFFENCE] did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. On [DATE OF OFFENCE] I attempted to travel from home station to work. At 7:55am he produced a TfL 60+ London Free travel Pass, that did not belong to him. He was not entitled to use the pass and it was invalid for travel. He stated it belonged to his father and admitted it was not the first occasion he had used it. They want £225 + £4.90. The summary statement has plenty of inaccuracies including my and and address that he said he confirmed ITAL but couldn't have as I gave him my driving license. That I walked away from the station when I re-entered with my bank card. Also, that he confirmed everything with me but didn't as the statement provided did not match the conversation or my details. Obviously I'm incredibly sorry and was a very stupid mistake. When I go out with my parents, I hold their oyster card so they don't have to rummage through their wallet or bag. On this occasion, I didn't give it back to him and mistakenly was then using for what I thought was a couple of weeks. As this was back in July, I called up several times to try and sort it and even my dad called up to get his oyster card back and they said nothing was logged against the card. I'll be gutted if i get a conviction as I'm in the process of looking for a property, will be visiting friends in America next year, was very stressed at the time due to work and a kidney condition getting worse and after the event receiving mental support for anxiety. I'm worried this will affect all of the above and negatively affect my mental health after just making progress. Any help on the best way to approach settling out of court would be appreciated. I'm happy to pay costs as I was incorrectly using it for what I think was a couple of weeks but a criminal conviction will hurt me in many ways. Thanks for reading.
  4. Was stopped by an inspector for using parents freedom pass a year ago. Provided ID and name etc. Driving license I showed had a previous address so all correspondence was sent to this wrong address. At the time when the inspector requested ID I did not provide updated address as this was not on the license. I now regret not giving current address but at the time I simply provided my ID and did not think of this. Name and DOB given were correct. I have now recently received a 'Further steps notice' letter with court fine of almost £500 and discovered that this case had gone to Magistrates court in my absence. Should I make statutory declaration as I was unaware or will I be questioned for not updating the DVLA of my address?
  5. Charity Commission response to report on freedom of speech in universities READ MORE HERE: https://www.gov.uk/government/news/commission-response-to-report-on-freedom-of-speech-in-universities
  6. Hi all, New member here; can't believe it's taken me this long to deal with this! back in 2003 my wife and I took out a secured loan through Freedom Finance; the loan (and ASU cover) were provided by Endeavour Personal Finance and all payments were directly made to them. We settled the loan in full in January 2008 - despite having paid five years' worth of repayments, thanks to the PPI being added and crippling interest applied, the settlement amount was still more than the original loan value! It was only fairly recently that we discovered that ASU cover and PPI were one and the same thing, so we decided to make a claim. After extensive enquiries we uncovered that EPF had been purchased by Sterling Credit Limited, and we obtained a full statement of our account from the latter to help with our claim. Unfortunately, Sterling Credit now seems to have gone into liquidation. Can anyone advise how we are best to proceed with a claim now? Some forums seem to have EPF / Sterling Credit as part of HFC Bank, but I don't know how accurate this is. Many thanks.
  7. Hi, I hope someone can help me with a unique query. I need to get in touch with a particular surgeon that operated on another patient who was admitted to the same ward as me - this is for a very rare and specialist medical issue that I also developed. Unfortunately, I cannot remember the surgeon's name as this was a few years ago, but i should be able to identify the name of the surgeon from a list of names if I received a list of all surgeons operating at that hospital during the time when I was admitted there. Is this something I could ask using the Freedom Of Information Act, or would the names of surgeons not be provided? Thank you.
  8. I joined this group about a year ago when a musical instrument I sent via Parcel Force arrived damaged. I knew that I could not get enhanced insurance on the item as it is on their list of prohibitive items for extra insurance coverage. But it is covered by the basic £100. (So I took the chance as I have posted this item to myself over a dozen times in the past with no issues as it was always well wrapped.) However, the response I got this time when things went wrong was terrible to say the least. I do admit I made my claim outside of the 60 days time limit (as I travel abroad alot), but I had hoped there would be some 'good will' for being a regular customer. No such luck! I took it to the top and still got a no. I did ask them for figures relating to claims in the past year under FOI, but as they point out since 2013 they were no longer a government owned business and it no longer relates to them! If anyone has any idea of the success rate (or not!) or claims, better post them here!
  9. Hello everyone and thank you in advance for your help. I was caught in early May using my father's freedom in Newbury Park, using the Underground station (zone 4) travelling to zone 1. The Revenue Control Inspector asked me if I am entitled to use the Freedom pass for travel, I said “No”. He asked if I used this pass before and how many times, I said yes and many times. Before 2 weeks I was sent a court summons for the following: You are required to appear on …….. at Magistrates court ….. That on (said date) you did entered a compulsory ticket area without having with you a valid ticket… Contrary to Bye-law 17 (1) of the TFL railway byelaws made under paragraph 26 of schedule 11 to the greater London Authority act 1999, and confirmed under section 67 of the Transport Act 1962. .......... An application will be made in court for a £338 contribution towards the costs of TFL. My questions are as follows: 1) I am wondering what exactly is 17 (1) all about? 2) Is my case in fact recorded? Is it a criminal record? 3) Is it worth it to attempt an out of court settlement with TFL? As I have decided to plead guilty. 4) If the answer for the question 3 is yes, How? And to which office/address? Thanks for taking the time to read this.
  10. Hello I am due to apply for the British Citizenship. I was caught using Freedom pass by TFl. Tfl did not prosecute me, my case was settled out of court. Question 1: does that amount to an "out of court disposal" because I am soon applying for the British Citizenship and I need to know whether I need to wait 3 years since the incident. If it was "an out of court disposal" I have to wait when 3 years will pass in order for my application to go through successfully. Question 2: does Tfl inform the Police of this? Freedom pass is a serious offence ;( because the Home Office will carry out checks with the Police as well. In the naturalisation application it is mentioned: "A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record" ... and "Application will normally be refused if the conviction occurred in the last 3 years." No other offences apart from this incident. Kind regards, B.
  11. SCOOP has links today to two Freedom of Information requests that feature on the very popular website: What do They Know. http://www.scoop.it/t/lacef-news It would seem that two individuals are making highly vexatious Freedom of Information requests. It is such a shame that this practice is going on as I fear that before long, the government will amend legislation so that a charge will be payable for each FOI request. The first link on SCOOP is this one from an individual by the name of Wayne Pearsall regarding Removal of Implied Right of Access. https://www.whatdotheyknow.com/request/moj_implied_right_of_access_remo He has so far made 242 Freedom of Information requests using the What do They Know site. There may well be many others as well that are made direct to the relevant authority etc. https://www.whatdotheyknow.com/user/wayne_pearsall Typically, when he does not receive the answer that he wishes.....he requests an 'internal review'. Most telling is Mr Pearsall's request dated 20th March to the Home Office entitled: 'Vexatious Correspondence and Complaints Process" https://www.whatdotheyknow.com/request/vexatious_correspondence_and_com_2#comment-58908
  12. Hi everybody, I was caught in early November using my father's freedom Pass in the middle of my return journey (I used the Undeground zone 1- travelling to zone 4) I stayed with the lady Revenue inspector around 30 min and she took all the details needed against me in the court (is the station where you are going near your house, how tall I am, what I am wearing...). At the end: she gave me to read the following written in a small paper: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” She took all the correct answers except how many times I have used the Pass. I said just once (and how stupid I was, I said...you have camera..something like that). Few days later I got a letter from TFL to explain/give comments. Thank you so much for your help through this forum, I read few threads and I responded back with an apology letter + my supported documents + offer to pay the reasonable costs. However I said "I have not done so before" in the letter. Few days later, I got another letter saying: " ............. ............... In relation to your actions you state "I have not done so before". I have analysed the recent travel usage on the Freedom Pass withdrawn from you. The pattern of usage would appear to indicate that the incident was not a one-off. This is of concern to TFL. As it currently stands TFL do not wish to accept your offer of a payment as a closure to the matter. I must point out that legal proceedings may still be taken against you. ..................... Firstname Lastname Investigator/prosecutor" OK, now it is true that I used same time and days on more occasions. but I did not confess that. Did they use CCTV to prove against me for the previous ones please? This is my first time I was caught, I regret my actions. I have a clean record so far and I am just now aware that what I have done is a very serious matter that leads to a criminal record, I really didn't know before. I am so scared and can't stop thinking about the matter. I am looking for a job but I can't concentrate properly, already graduated but got visa problems to start work before. I want to avoid criminal record please. I got that letter around 20 days ago but I didn't respond back, 1) do you know what shall I do please? Shall I contact the person dealing with my case, shall I be honest in everything? or shall I just wait for their response? 2) If the option is to contact the person dealing with my case, what shall i say to him/her please? I know I will be trembling answering any questions.. .i don't like to make my case worse as well. ..give some evidence against me. How long does it take for TFL to prosecute someone please? 3) Is it another big mistake to lie via correspondence. Shall I have to rectify my double mistake by calling the concerned person or via post (in case I need it later at court). I know credibility is important...well it is done now and what shall I do next please. I am really confused, as when contacting solicitors.. .some they said I have to wait for TFL response.. .some they said I have to react asap and try to settle out of court.. ..one he said I can not be your solicitor because I lied via correspondence (just frightening). I am very very sorry for my actions, I regret it and I didn't know the last bad consequences. I don't know the best thing to do and how and what to say. ..Is there any chance for my case to settle out of court please. Even though I am feeling that I am just waiting to get a summons to go to court. Thank you
  13. Freedom of Information requests - used by campaigners and journalists to ask questions of public bodies - are to remain free of charge, a minister says. Following a review of the law, Cabinet Office minister Matt Hancock said the FoI Act was "working well". The FoI Commission was asked to examine it amid concerns within government that "sensitive information" was being inadequately protected. Its report said FoI had helped "change the culture of the public sector". Mr Hancock said there would be no wholesale changes to the FoI Act. http://www.bbc.co.uk/news/uk-35693236
  14. I was caught using my Dad's Freedom Pass end of November and it almost looks certain that TfL will prosecute me for doing so as they can probably build a strong case against me. Of course, I regret my actions and am hoping to find some assistance here to help minimise repercussions. Please have patience with me and read my story. I don't expect any sympathy as I know I am totally in the wrong, but I don't need any nasty unkind comments. So here is my story. [ The facts of the incident ] I beeped through the barriers and was called to the side by two undercover TfL officers, who requested that I show my ticket. Knowingly, that I used a fraudulent card, I produced a standard oyster card that I've not used for months. Of course they knew this wasn't the card I beeped in with. He checked the oyster and told me there was still credit on it, but hasn't been used or topped up for months. He asked me to produce the real card (Freedom Pass). I tried looking confused, but the officer wasn't going to be entertained and threatened that he would search me if I didn't cooperate. I handed over my Dad's Freedom pass and began to feel like distress coming on as the only thought running through my head was. .. 'the crap has finally hit the fan'. He told me he stopped me because abusing Freedom Passes was a high-risk target. He then goes on to take my details and ask a lot of questions and wrote it all down in his notebook. Most importantly... "Do you know that you've committed a serious offense?" - "I'm not really sure, I thought I could use it." "How did you obtain this card?" - "My dad wasn't using it and I thought I would borrow it." "How often have you used it?" - "I just started using it this week." "Today is Wed, so you've used it for a total of 3 days?" - "Yes, I guess so." "Are you sure? We can track the usage of the card and find out everything." - "Erm... Yes." "Where were you traveling from and where were you going?" - "I'm going home from work." After he finished asking me questions, he let me read through his notes to check if anything was different from what was said. I said it was fine. He then wanted me to sign and date it, but before doing so he said... "After I let you go, I want you to know that I am only giving you a caution. After you sign this, I will file a report and you will receive a letter about the event that has occurred. You do not have to say anything, but it may harm your defence. Anything you do say may be given in evidence, etc... Do you understand what I have just said to you?" Trying to get a moment to think about the situation, I asked him to repeat as I was under the feeling of duress I suppose. I answered "YES" and signed his notepad. He told me to exit the gates by one of the staff and I re-enter with the other oyster card as there was sufficient credit. [ Unsaid truths ] Obviously, I didn't have a clear head, being under pressure and scared... so I wasn't entirely truthful. When he asked how often I had used the card, I was thinking to lie in the hope that it wouldn't turn out more serious than I thought it surely would. I had thought that I hadn't been stopped before as I normally come and go at peak times when it's very busy (Piccadilly circus), so it would be difficult to go through all the CCTV and check who used the card. I stupidly thought it plausible that my Dad could have been using it up till the time I "said" I had started using it. In actual fact, I had been using it for 3 months(!) - yes, shame on me! There will obviously be a pattern for the last 3 months traveling between home and work. In a panic, I started reading up on cases on various forums (including CAG). I read somewhere that when an officer conducts an interview for facts, the statement of Right to Silence must be cited before the interview starts. * If the officer only did this at the end, like I mentioned... what bearing does that have on my case? [ Received a letter from TfL asking me to comment on the event ] So I received the standard letter and having read a few cases, it was advised to just grovel and beg for mercy... so I replied as follows: [[ Dear Sir/Madam, I would like to start by saying that I deeply regret my actions, which were completely out of character and as a result of stupidity. I had actually lost my oyster card that I normally use over the weekend. In the rush of leaving for work in the morning and without clearing thinking of the consequences, I foolishly picked up my father’s Freedom Pass in addition to a spare one I found lying around. I simply thought to use the Freedom pass temporarily until I’d gotten paid so I could buy a new monthly travelcard. I was not aware that it is a criminal offence to use someone else’s Freedom pass. I know now, there is no excuse or valid reason for using someone else’s pass and am deeply sorry for not travelling on public transport without a valid ticket. The whole situation has left me quite distraught and I would appreciate the opportunity to settle the matter without court proceedings to avoid even further stress, wasting everyone’s time and resources, and incurring further costs. I completely accept that I am in the wrong. This is my first offence and will certainly be the last! It is not a mistake I will ever be repeating. I humbly ask that you give me the opportunity to compensate TFL for reasonable costs/fine/fare in order to conclude the matter promptly. I am currently engaged to my fiance overseas, and would like to invite her over to get married on a visitor visa. I fear that any legal prosecution would greatly reduce our chances of getting accepted for the visa. ]] [ Reply from TfL ] TRAVEL IRREGULARITY Thank you for responding to our enquiry letter, your comments will be taken into consideration when reviewing this case. Please note it is the responsibility of a passenger to ensure they have a valid ticket... After examining the journey history obtained from the freedom pass, it is apparent that this was not a 'one off' incident. It is suspected that you have made more than 80 journeys, avoiding fares of over £400, this we see as an aggravating feature in your case. I must point out that legal proceedings may still be taken against you. Please do not hesitate to contact me if I can assist you further. [ End of letter ] I've almost lost all hope of being able to settle out of court. To only thing I can think of is to try to appeal to the humanity of the investigating officer with my mitigating circumstances. I know I'm not angel, but I like to think I'm a fairly decent human being. I pay my taxes, had my fair share of hardships and could really do without this hanging over my head. To try and put across my frame of mind at the time, here is my personal story... [ Circumstances ] I quit my job as an IT professional about 2 years ago. Went to pursue a relationship and take a break from work, and do some traveling. Relationship didn't work out and it's 6 months since I've been working. Feeling really down, and a million miles from home in the country I was born, I visited distant relatives for a little support. I met someone through introduction and we hit it off so I was able to get over my last failed relationship. We are now engaged and are planning a future together. I've been living off my savings for almost 2 years. I was practically living, counting the pennies for the 6 months I had been back in UK and looking for work. It is quite difficult getting back into things after such a long break. I chose not to go on Job Seeker allowance which is a particular drain on taxes. I grit my teeth hoping that I'd find a job any day. So up til this incident, I've been working in a new job for 3 months. Slowly trying to save money to be able to bring my other half here so we can be married and start a life together. Right about the time I just started my job, my Dad offers to let me use his freedom pass!!! Oh how I wish right now he didn't tempt me... I had always paid my travel costs as any good citizen would. He argued that it would help save costs and aid in my efforts to bring my other half over (requiring financial support). My Dad has no clue of legal stuff so didn't know the complications in their entirety when giving me his freedom pass. I knew it wasn't right to use it, but thought to myself - "How bad could it be? A slap on the wrist, a fine, and repay the cost of travels that I evaded. " I had no clue whatsoever, that it could result in a criminal offense and would certainly refused his offer had I known. I've not seen my other half for almost a year and it's quite difficult on us both. This is really the last thing I need in the world and certainly won't reflect well, when applying for a VISA for other half to come here as I would have to sponsor and be financially accountable for. I am trying desperately to build a good supporting case for VISA approval. [ and closing... ] Thank you for reading my story and I hope some of you may be able to offer some guidance on what to do next. I am dreading the day I get a court summons...
  15. I am waiting a response from the local authority regarding council tax which I understand they have 20 days to reply. If they fail within that time, what is the next step I should take ?
  16. Donald Trump, Tyson Fury, are we not all allowed to just give our own personal opinions. What do others think..
  17. Hi I read the forum and could not find a similar post, therefore decided to post myself. A year ago I was caught using my friends Freedom Pass in the underground and was given a caution by the Inspector to remain quiet and give my personal details. Two weeks later I received a letter from TFL inviting me to attend a PACE interview under caution with TFL prosecutors, and due to exceptional circumstances the case was settled out of court and I had to pay a hefty fine. During the interview under PACE caution i admit using the freedom pass on more occasions and showed my remoteness and great regret as well as shame. Even though my case did not go as far as court, i am still concerned whether I will be on any records - PNC, DBS and CRB? This is my only concern which delays going ahead with the application for the naturalisation. I contacted a lawyer and I was told that I may still be on any records even though the case was settled out of the court. I contacted 2 lawyers and each of them said a different outcome, one said I will come up on records regardless of the out of court settlement and the other lawyer said as it was an out of court settlement I will not be on any records. I have made an effort contacting lawyers yet there is no clarity on this issue at all, therefore i am turning to this forum for any help and advice that may bring some clarity. 1. Can you please tell me if I may be on any records? 2. Is there a way how I could find this out myself if I am on any records? 3. I understand that the application for the naturalisation will be taken very seriously and any past caution may affect my application, does anyone have had a similar issue? 4. I suppose Home Office would see any type of caution and misuse of Freedom Pass as a bad character?
  18. First of all, I feel so ashamed of what I have done, I have developed a massive anxiety issue and am finding it hard to eat and sleep, let alone step foot on public transport. Im absolutely terrified of what might happen so any help will be truly appreciated. I graduated from University two years ago, although getting good grades I have struggled to find a job, I'm in massive debt and am still stuck in my overdraft. Despite this I plan on working and taking a masters so I can proceed with a career. Im also doing fundraising for charity which I love, and need to travel to other countries to complete my sponsorship. I know if I get a criminal conviction all this will end and my life will be over. Im so upset, please help me. So ill start from the beginning. My boyfriend has epilepsy and has a freedom pass which he never uses I started to borrow it about 5 months ago, although I didnt quite realise how bad it would be if I got caught. I also carried around a normal oyster card for the days when he would need it. I entered the underground and swiped his pass, when I got off the tube I was stopped by the officer, when he asked to see my card I then gave him the normal oyster. He said it was invalid, in minus credit and had not been used for several weeks. He took my details, card, where I got on the tube, and asked how I got on. I just said I walked through. I couldn't even understand what he was saying and had a full blown panic attack. I do suffer badly from asthma and did forget to take my medication in the morning which led to me feeling light headed and short of breath which really didnt help. I have now got a letter from TFL asking if I want to make any comment on the situation and that I could be summoned to court and face a criminal record. I have never done anything wrong in my entire life and always try to help others. I don't believe how stupid I have been and it now looks like I have destroyed my life by doing what seemed like such a small thing! Once again, Im so scared of what might happen and Im such an idiot! Please help me x
  19. Is there any point sending in a Freedom of Information Act request to a DCA in order to find out how much my debt was bought for? I would like to know so that I can send in an appropriate Full and Final Settlement Offer. (I'm thinking 2k offer on an 8k debt) Also does either sending in a Freedom of Information Act request or a Full and Final Settlement offer cause the statute barred clock to be reset?
  20. Ministers have launched a cross-party review of the Freedom of Information Act that is likely to be viewed as an attempt to curb public access to government documents. Critics argued that a commission was likely to lead to more secrecy – allowing politicians and officials to conceal “bad decisions and mistakes”. Campaigners fear that the commission could tighten rules stating that if a request from the public or the media takes a long time to process, it can be rejected on grounds of cost. At present, anyone can ask for information so long as finding it does not cost more than £600 in the case of a government department, and £450 for another public body. Officials have discussed either lowering that limit or including extra items in the cost, including time spent on “considering and redacting” any releases. Labour MP Tom Watson said: “It is quite clear this isn’t a review, it’s a process to roll back the Freedom of Information Act. This is an Act which should be extended to cover more public bodies, yet the Government is going to weaken it by making changes that will render it virtually useless for people who believe in greater accountability.” http://www.independent.co.uk/news/uk/home-news/the-end-of-foi-right-to-know-in-peril-as-government-targets-freedom-of-information-10397935.html
  21. The new bailiff regulations came into effect on 6th April and bailiff fees are strictly controlled and comprise of a Compliance Fee of £75 which is charged when the debt is passed by the creditor. If payment is not made or a payment agreement entered into during the ‘compliance stage’ a bailiff may attend the debtors premises and an Enforcement Fee of £235 is chargeable. Significantly, the new regulations provide that from any payment made (whether to the bailiff, the magistrate court or the local authority) the Compliance Fee of £75 is deducted first with the balance being split on a ‘pro rata’ basis between the debt to the creditor and bailiff fees. This novel approach means that unless the amount due (including bailiff fees) is paid in full, bailiff enforcement may continue and it is this point alone that has caused extreme difficulty to some ‘debt avoidance’ websites with associations to the Freeman on the Land (FmoTL) movement and 9 months after the regulations came into effect it is astonishing that debtors are continuing to be advised by such websites to avoid paying bailiff fees by paying the amount of the Liability Order or court fine only (minus bailiff fees). Despite the regulations clearly outlining how payments are to be calculated, in May/June an individual made numerous Freedom of Information requests to Local Authorities seeking clarification as to how they deal with direct payments made to them after accounts have been passed to bailiffs. Since that time many more FOI requests have been made on the same subject and the up to date position is that approx a quarter of all local authorities have received requests on the same subject. What has been the outcome of these Freedom of Information request? Typically, in the very early stages (May and June) most responses made clear that the local authorities had very little idea as to how the new regulations would work in practice but, since August/September the vast majority of responses confirm that they apportion the payment as outlined in the legislation and that they advise the bailiff company accordingly (or credit the bailiff company) with the payment. PS: It is likely that there are far more FOI requests than outlined here. I have only referred to those that are available to view publicly on the FOI website: What do They Know.
  22. In n order to better understand the current position regarding the above, I thought I would put my understanding on here and then hopefully people will correct any misconceptions. The TCEA The immobilization of vehicles as part of the taking control of goods procedure, is covered by schedule 12 of the TCE. http://www.legislation.gov.uk/ukpga/2007/15/schedule/12 The power to take control of goods is given by section 13 of the schedule. 13(1)To take control of goods an enforcement agent must do one of the following— (a)secure the goods on the premises on which he finds them; (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance; ©remove them and secure them elsewhere; (d)enter into a controlled goods agreement with the debtor. (2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care. (3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision— (a)determining the time when control is taken; (b)prohibiting use of any of those ways for goods by description or circumstances or both. The relevant sections being; Subsection (a) which covers the securing of goods on a debtors premises, Subsection (b) which covers the procedure on the highway. Section 3 permits the creation of regulations which define the procedure to be used: Taking Control of Goods regulations (2013 8094) http://www.legislation.gov.uk/uksi/2013/1894/contents/made The relevant sections contained within the regulations are: Section 16 which covers the immobilisation (clamping) on debtors premises: 16.—(1) Subject to paragraphs (2) and (3), an enforcement agent who is securing goods of the debtor on the premises on which they are found (under paragraph 13(1)(a) of Schedule 12) may secure the goods— (a)in a cupboard, room, garage or outbuilding; (b)in the case of goods on premises (or on a part of the premises) which are not occupied for residential purposes, by the enforcement agent remaining on the premises to guard the goods of the debtor of which the enforcement agent has taken control; ©by fitting an immobilisation device (which must be provided by the enforcement agent); and Section 18. which covers he procedure for immobilization on the highway Securing goods of the debtor on a highway and removal: vehicles 18.—(1) Where the enforcement agent is proceeding under paragraph 13(1)(b) of Schedule 12 and the goods to be secured are a vehicle, those goods must be secured in accordance with this regulation. (2) The vehicle must be secured by an immobilisation device, unless the debtor voluntarily surrenders the keys to the vehicle to the enforcement agent. (3) The immobilisation device must be provided by the enforcement agent. There are differences in the two procedures which can be discussed later, hopefully in this thread. The next post will concern the Protection of Freedom Act 2012 and how (if at all )it effects the EAs ability to immobilize vehicles by the use of a clamp.
  23. The new bailiff regulations came into effect on 6th April and bailiff fees are strictly controlled and comprise of a Compliance Fee of £75 which is charged when the debt is passed by the creditor. If payment is not made or a payment agreement entered into during the ‘compliance stage’ a bailiff may attend the debtors premises and an Enforcement Fee of £235 is chargeable. Significantly, the new regulations provide that from any payment made (whether to the bailiff, the magistrate court or the local authority) the Compliance Fee of £75 is deducted first with the balance being split on a ‘pro rata’ basis between the debt to the creditor and bailiff fees. This novel approach means that unless the amount due (including bailiff fees) is paid in full, bailiff enforcement may continue and it is this point alone that has caused extreme difficulty to some ‘debt avoidance’ websites with associations to the Freeman on the Land (FmoTL) movement and 9 months after the regulations came into effect it is astonishing that debtors are continuing to be advised by such websites to avoid paying bailiff fees by paying the amount of the Liability Order or court fine only (minus bailiff fees). Despite the regulations clearly outlining how payments are to be calculated, in May/June an individual made numerous Freedom of Information requests to Local Authorities seeking clarification as to how they deal with direct payments made to them after accounts have been passed to bailiffs. Since that time many more FOI requests have been made on the same subject and the up to date position is that approx a quarter of all local authorities have received requests on the same subject. What has been the outcome of these Freedom of Information request? Typically, in the very early stages (May and June) most responses made clear that the local authorities had very little idea as to how the new regulations would work in practice but since August/September the vast majority of responses confirm that they apportion the payment as outlined in the legislation and that they advise the bailiff company accordingly (or credit the bailiff company) with the payment. PS: It is likely that there are far more FOI requests than outlined here. I have only referred to those that are available to view publicly on the FOI website: What do They Know.
  24. hey guys, this is my first forum post, i found a freedom pass on the ground and used it on the bus turns out inspectors got on the bus and yeah karma, guys i am shaken to the ground I dont know what to do i gave the guy my real name and dob but a different address, what should i do, I am shaking as i type this. please help me
  25. Hello, Just wondering if anyone can help. I was caught using a freedom pass - which I shouldn't have been. I had some extenuating circumstances which I explained to the officer and although he started off being quite serious - at the end of the interview he didn't show me his notebook, seemed to put a line through what he had written, gave me back the freedom pass, told me to top up my oyster and not use the freedom pass again. he had taken down all my details before that. I am not really sure what happened, but I believe he let me off. It's quite surprising and I just wanted to check that this is the case or if he was just giving back the pass but is still going to process the conviction. I got a bit overwhelmed and confused - so didn't ask?
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