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    • Hi HB,  I have been using it - freedom pass for a long time, this is why i am worried, my memory fails me!  there is no way of checking on the freedom pass usage according my partner.  see my question on your comments: Paragraph 1 a short explanation of why you used the card on the day you were caught worry: as i said i have no excuse other than to save some money  Paragraph 2 you know you made a mistake and you regret it worry: yes i will admit that it is my fault and apologise profusely - will see other template Paragraph 3 you understand how what you did is wrong and the effect it has on TfL worry: yes will do, borrowing words from other template Paragraph 4 you have taken action - tell them what - to ensure that this doesn't happen again worry: i have an oyster PAYG which i use for my journey in to work -ranging 2-3 days a week;  so i can't say that i will buy a season ticket which is more expensive?? Paragraph 5 you ask if they would allow you to pay the outstanding fare and their administrative costs to resolve this worry: i will do that. QuestIon: will they inform my employer?     
    • So they seem to be deliberately fouling Britain - not 'just negligently Need to be in jail alongside the PO crims, and rabidly corrupt MPs
    • Well, we know it seems that the poops and others just use there MP position mainly to generate funds from their 'outside' lol interests Lets hope labor BAN second jobs for Mps - all second jobs - then create a truly independent expenses 'police' with real powers Tip of the iceberg: "A cohort of Conservative MPs standing down before the next election have netted jobs worth millions of pounds and have taken dozens of all-expenses-paid trips funded by foreign governments and lobbyists, the Observer can reveal." so far - "top of the list was former justice secretary Brandon Lewis, who has taken on five new part-time roles worth £410,000 a year alongside his commitments as an MP.   Outgoing Tory MPs take lucrative second jobs and ‘swan off on jollies’ | Conservatives | The Guardian WWW.THEGUARDIAN.COM Sixty four Tories and four independent MPs who lost party whip plan to stand down from the Commons amid dire polling for Conservatives  
    • The first thing you need to do is for your father to send Argos customer services an email saying he wishes to return the item within the 14 day cooling-off period under the Consumer Rights Act 2015. This is important because he needs simple proof to back up his request, as they are being stubborn. Enclose a copy of receipt details so they can locate the sale, Distant selling regulations will apply as he made the contract online with the retailer and they took the payment. The contract is between your father and ARGOS. He has to cancel the contract and receive a refund back to his debit card. You cannot act on his behalf as a third party and they have every right to refuse to deal with you if they so wish. Data Protection the number one issue. I don't understand why Privity was mentioned since nobody is suing anyone. How you received the goods is irrelevant. A retailer's terms and conditions cannot derogate statutory obligation.
    • TfL take abuse of staff passes very seriously. If the pass has been confiscated I imagine they will write to them and it could result in the card being suspended for a time, as I understand it. I hope you've told them about the card being confiscated and why? We need to know how many times you used the pass please - how many weeks at 2-3 days a week. Later I would expect TfL to write to you as well, possibly with a schedule of journeys made with the card, to ask you to tell them which journeys were you. They will ask for your side of the story. We can help you to refine a letter to send once they write but you need to start it off because you're the only one who knows the full story. I suggest something like this. Paragraph 1 a short explanation of why you used the card on the day you were caught Paragraph 2 you know you made a mistake and you regret it Paragraph 3 you understand how what you did is wrong and the effect it has on TfL Paragraph 4 you have taken action - tell them what - to ensure that this doesn't happen again Paragraph 5 you ask if they would allow you to pay the outstanding fare and their administrative costs to resolve this Please don't copy and paste what I've said, use your own words. HB NB This is a suggested reply, don't send it before they write to you because we need to see what they say.
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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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So, I finally went bankrupt last week. Went to my local Court, got everything signed and today received a letter from the Official Receiver informing me of when she will be calling to talk things over, and providing me with the 'what happens next' info.

 

It all seems pretty straight forward to me, but there are a couple of things I'd like some advice on

 

First up, how long exactly will the Official receiver be in control of my estate as it were? It seems to me that it should be for only as long as I am Bankrupt, and that once I am discharged, that will be the end of it. But something in the information she provided made it sound like the Official Receiver can still have control even after I am discharged. So how long exactly is this for? When will I finally be completely free to move on with my life, not having someone watching my every move.

 

Secondly, at the moment I am unemployed, but if I get a job, how much is she likely to take from me? I understand that it generally works out to be about 50-70% of disposable income, but the problem is, if I get a job, ALL my wages will be disposable income. Will she really take between £500 and £700 off me every month? If she does, I may as well have not bothered going bankrupt as that would be pretty much the same as my just paying my creditors normally.

 

Thirdly, if I got a job, I would be in a position to meet all my repayments every month as standard, it is only that I have been out of work for 18 months and the charges and interest are astronomically high that, in my mind, I couldn't catch up. Would the OR be likely to advise the court to annul my Bakruptcy if I got a job considering I could probably make all my monthly repayments.

 

Fourth. Would I be better served waiting until I am discharged to take work?

 

Thanks for any advice you can provide. These are questions that have been bothering me, but I don't feel comfortable asking the OR.

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Try using this link to get more info for yourself. If you do go back to work then they will take the money (think for one or 2 years but not sure). It will be on your record for 10 years. In the current climate everyone is finding it hard to get a job and it just wont be so easy for you either, depending on your occupation you now may have to tell your new employer that you are bankrupt.

 

http://www.insolvencyhelpline.co.uk/bankruptcy/bankruptcy-process.php#bp6

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Hi, thanks for your reply, I appreciate you taking the time to do so.

 

I read through that link you provided prior to coming here, and it didn't answer the questions I have asked.

 

The OR can take money for up to 3 years.

 

When you say 'it will be on your record for 10 years', what exactly are you referring to? My Bankruptcy? If such is the case this is not an issue I am overly concerned with, however I was told when I went to the county court that It would only be on my record for 6 years.

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Once the bankruptcy is discharged it will be on record that it is discharged. You can be bankrupt up to 10 years if the OR thinks you have materially contributed to bankruptcy by 'reckless spending and borrowing' or if you attempt to borrow more money whilst bankrupt. That is what is meant by being on your record for 10 years.

 

After 6 years the debts will fall off your credit rating, this should be 6 years after the last payment on the account being part of your bankruptcy.

 

Its not a step to take if all you want is to get interest and charges stopped. As you are unemployed I would go to CAB and get advice from them. You may qualify for free legal advice too.

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ok for a start forget what the others have said as it is wrong and highlights the little bit of knowledge problem

 

You are bankrupt ordinarily for 1 year, you can get an earlier discharge, What they are talking about is a BRO which can put extra restrictions on you for up to 15 years but these are only applied in a small proportion of cases and it does not stop you beng discharged after 1 year.

 

To answer your questions

1)The OR takes charge of your estate o the day of the bankruptcy that includes everything you own before the bankruptcy and can also claim things that you receive during the bankruptcy, but not assets you receive after you are discharged, the OR keeps hold of the things from before and during the bankruptcy and subject to a couple of restrictions can take as long as they want to continue to hold and realise these after you are discharged.

 

2) The main exception to this is an IPA where you pay a proportion of your surplus to the OR for up to 3 years, THis is your surplus and you are free to make all the payments on your livings costs first (so somepeople dont have a surplus at all even though they work). Whether you work or not is up to you, but obviously if you choose not to work then you should not claim any benefits such as JSA. Also it is generally accepted that the bankrupt should try to pay back as much as possible whilst having the protection that they will not be harrased by creditors.

 

3) the IPA lasts for only 3 years by which time you would be most unlikely to have paid all your debts so the OR will not ask for the bankruptcy to be annulled

 

4) see above

 

hope that helps

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