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    • Thank you honeybee if you would my head is mashed now. You guys our savers.  H
    • You can edit the answers to be in red or would you like me to do it? HB
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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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scare2010 used father's freedom pass on tube


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Hello

Sorry to dreg all this up again, but I am really really worried about this.

 

I am in the same position as you in that I used my dads freedom pass and got caught

I have received a letter asking me to explain myself. You seem to have come out quite well. What did you write to them in the initial letter. Do I say I am guilty and that I am sorry (although that gives them all they need to convict you) or should I tell them when I signed the statement I was scared and nervous, and it was not true, I dont know? At the time I confessed all, even to using it previously (I think that is what you did) But from research, it seems that is what they need to prove you had intent to commit fare evasion, and then can easily convict you.

I am so so scared I cant get a criminal conviction...it will ruin my life, I will not be able to go back to university and complete my architecture course.

Please help me

Many Thanks

 

Scared2010

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Hello

Sorry to dreg all this up again, but I am really really worried about this.

I have only just found out about these threads, so I am in the process of reading through the mammoth messages, but my time is running out as I have got the dreaded first letter.

 

I AM SO SCARED

 

I used my dads freedom pass and got caught

I have received a letter asking me to explain myself. You seem to have come out quite well. What did you write to them in the initial letter. Do I say I am guilty and that I am sorry (although that gives them all they need to convict you) or should I tell them when I signed the statement I was scared and nervous, and it was not true, I dont know? At the time I confessed all, even to using it previously (I think that is what you did) But from research, it seems that is what they need to prove you had intent to commit fare evasion, and then can easily convict you.

I am so so scared I cant get a criminal conviction...it will ruin my life, I will not be able to go back to university and complete my architecture course.

Please help me

Many Thanks

 

Scared2010

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Hello Scared 2010 and welcome to CAG.

 

You seem to have posted this four times on two threads. Can I suggest that if you want to live long and prosper here, you ask the site team to remove 3 of the duplicates. Click on the black triangle on the bottom left of the post and 'report' it to the site team. They should tidy it up for you.

 

Then calm down and wait for advice, people will be along later. Have you had a read around the forum? While you're waiting, have a look at similar threads and see what happened.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello

Sorry to dreg all this up again, but I am really really worried about this.

 

I am in the same position as you in that I used my dads freedom pass and got caught

I have received a letter asking me to explain myself. You seem to have come out quite well. What did you write to them in the initial letter. Do I say I am guilty and that I am sorry (although that gives them all they need to convict you) or should I tell them when I signed the statement I was scared and nervous, and it was not true, I dont know? At the time I confessed all, even to using it previously (I think that is what you did) But from research, it seems that is what they need to prove you had intent to commit fare evasion, and then can easily convict you.

I am so so scared I cant get a criminal conviction...it will ruin my life, I will not be able to go back to university and complete my architecture course.

Please help me

Many Thanks

 

Scared2010

Hi, HoneyBee is speaking sense as usual..It does nothing less than confuse matters if the same question is asked in several different threads, and makes it much harder to track!

 

To be honest they have you by the short and curley's I'm afraid. At this stage it's damage limitation, in that if you play hard done by and say youe felt intimidated etc, it'll be your word against that of the RPI come court time, and it'll probably still end up in court. I'm assuming by saying you felt intimidated etc by the RPI, you're trying to get out of the situation without having to pay anything, and also to not receive a criminal conviction? That being the case, I'm sorry to say that TfL will probably proceed to court with you anyway, and there's the high posibility that you'll be found guilty of an offence, and be handed a three figure fine and a criminal record.

 

On the flip side, you could contact TfL and apologise profusely, saying that this will never happen again, and that you've never done this sort of thing before (assuming you haven't of course!...If you have but haven't been caught, obviously don't mention that!). Also offer to pay any reasonable admin costs in order to keep the matter from court. If you say all of that and sound apologetic, at least you've tried your utmost to avoid court action. TfL are not obliged to accept your offer, but if they don't, at least you can say you tried!

 

Unfortunately, you getting away without paying anything is extremely unlikely I'm afraid.

 

Good Luck!

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Hello

Sorry to dreg all this up again, but I am really really worried about this.

I have only just found out about these threads, so I am in the process of reading through the mammoth messages, but my time is running out as I have got the dreaded first letter.

 

I AM SO SCARED

 

I used my dads freedom pass and got caught

I have received a letter asking me to explain myself. You seem to have come out quite well. What did you write to them in the initial letter. Do I say I am guilty and that I am sorry (although that gives them all they need to convict you) or should I tell them when I signed the statement I was scared and nervous, and it was not true, I dont know? At the time I confessed all, even to using it previously (I think that is what you did) But from research, it seems that is what they need to prove you had intent to commit fare evasion, and then can easily convict you.

I am so so scared I cant get a criminal conviction...it will ruin my life, I will not be able to go back to university and complete my architecture course.

Please help me

Many Thanks

 

Scared2010

Click HERE for my response!

 

Because I'm good like this, I'll Copy/Paste my initial response here anyway...

 

Hi, HoneyBee is speaking sense as usual..It does nothing less than confuse matters if the same question is asked in several different threads, and makes it much harder to track!

 

To be honest they have you by the short and curley's I'm afraid. At this stage it's damage limitation, in that if you play hard done by and say youe felt intimidated etc, it'll be your word against that of the RPI come court time, and it'll probably still end up in court. I'm assuming by saying you felt intimidated etc by the RPI, you're trying to get out of the situation without having to pay anything, and also to not receive a criminal conviction? That being the case, I'm sorry to say that TfL will probably proceed to court with you anyway, and there's the high posibility that you'll be found guilty of an offence, and be handed a three figure fine and a criminal record.

 

On the flip side, you could contact TfL and apologise profusely, saying that this will never happen again, and that you've never done this sort of thing before (assuming you haven't of course!...If you have but haven't been caught, obviously don't mention that!). Also offer to pay any reasonable

link3.gif

costs in order to keep the matter from court. If you say all of that and sound apologetic, at least you've tried your utmost to avoid court action. TfL are not obliged to accept your offer, but if they don't, at least you can say you tried!

 

Unfortunately, you getting away without paying anything is extremely unlikely I'm afraid.

 

Good Luck!

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Hi thanks for the response, and sorry I am new to this, I didn't realise all the threads are kinda intertwined, plus I am doing this on my phone, so it is all very diddly.

I will aim to sort it out now

Anyhoo, thanks again for the response. I have tried calling tfl but they just say write a response letter. So I am just wondering what I should say in that in order to make the best case for me not to get a criminal conviction.

I don't care how much I have to pay, I thoroughly understand I will definitely have to pay, which is hundred per cent fine with me, I just don't want a criminal conviction.

On their policies it says something about the fact they nay not prosecute if there is a chance you will lose your job, is this right, if so, surely everyone will give that arguement.

I think in my first letter, I will go along the lines of I am a good person, never done anything wrong, was really good when being questioned, even though I was scared and nervous. It will mean I can't go to university, and I will lose my job. If I am going along the lines of holding my hands up and saying I did it, should I say I had just graduated as a part 1 architect, and had been looking for a job for the past year in order to be able to go on and complete my degree, so I had been without a job for a year so I had big financial difficulties?

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  • 1 month later...
Hello

Sorry to dreg all this up again, but I am really really worried about this.

 

I am in the same position as you in that I used my dads freedom pass and got caught

I have received a letter asking me to explain myself. You seem to have come out quite well. What did you write to them in the initial letter. Do I say I am guilty and that I am sorry (although that gives them all they need to convict you) or should I tell them when I signed the statement I was scared and nervous, and it was not true, I dont know? At the time I confessed all, even to using it previously (I think that is what you did) But from research, it seems that is what they need to prove you had intent to commit fare evasion, and then can easily convict you.

I am so so scared I cant get a criminal conviction...it will ruin my life, I will not be able to go back to university and complete my architecture course.

Please help me

Many Thanks

 

Scared2010

 

thread created here: http://www.consumeractiongroup.co.uk/forum/showthread.php?290980-used-freinds-freedom-pass-got-caught-help...

 

Hi, Scared2010,

My GF also got caught with her father's freedom card and now she has received a letter from TFL...

Could you advise me what is the outcome of your case? How did you deal with this case?

Appreciate your help.

thanks

Jetek

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To all other readers of these threads:

 

Bunking a rail fare is illegal, the case can be heard in a Magistrates Court. Magistrates are independant of the Railways, and will deal in a very even handed way with the matter. Effectively 'pinching money' from a big Railway Company will be seen as 'wrong', and punished accordingly.

 

Using a Freedom Pass is seen as somewhat 'naughtier', as it was paid for by a local authority, and obtained initially for the good reason that the person to whom it was issued was a pensioner or disabled (or a military pensioner?) The 'loser' in the offence is not just the 'railway', but also the tax payer. With all Council services feeling a severe financial restriction, misuse of things paid for by a Council is really not a 'good thing'.

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Hi, Scare2010,

Please can you update me what happenned. I was in the similar situation... Can you *************edited**************

Where can I get the letter so I can write to prosecution department.

thanks

Edited by MARTIN3030
see below
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Jetek,can you please refrain from asking users to contact you by email-and stop posting your email Id also.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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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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:lol:

 

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... 

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  • 4 weeks later...

Hi, sorry for the late response.

 

Basically I when I first committed the offense I got letter through, asking me to explain my side of things. I sent this letter off, but have not heard anything since. I will let you know when I do.

 

Thank you all so much for your help guys, I will keep you all posted for sure

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did you write the pleading letter?

 

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... 

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  • 1 month later...

Hi, so I got into this mess in Novemeber, and it is finally coming to a head, but I must admit it not good news. Court summons, and a conviction!!!!!

 

What I have learnt:

 

1. Honesty is not the best policy - if you reveal the truth, they have more grounds to convict you on. As nice and airy fairy it is to believe that your cooperation will be taken into consideration...IT WONT. - But if you are reading this thread, you probably have already been caught, so you may have already divulged everything.

 

2. Using a freedom pass is not worth it!!!! It is one of the fare evasion charges that they take seriously, so all you have read about people settling out of court does not apply here, especially if you have admitted your at fault. I think unless you have serious mitigating circumstances you will not be able to do so. I dont know what the odds are for you fighting the case if you told them you did not realise your mistake, but I think if you have got a court summons, it means they are pretty sure they can convict you!

 

3. Mitigaing circumstances does not really include the detriment to your job etc, cos that would be everyones case.

 

4. Saying sorry doesnt make a difference if you have told them your intent. I mean, I guess if you have told them everything already, then it wont hurt saying sorry, but dont expect them to feel sorry for you!

 

Im dont know if people will agree with all this, but this is what I have found. I had false hopes of calling the prosecutions manger, saying sorry, crying a bit about my job, and uni, and then him settling out of court. But believe me...that is not the case. So I just wanted people to get a realistic account.

 

I used my dads freedom pass

Got caught

Admitted I knew it was wrong

Admitted it was not my first time (I dont know what came over me...:?:)

Got a letter trying to explain my side of things (Do not ignore this)

Read this thread (realised I was in the s**t hole)

Wrote a letter back trying to shy away from any intent, however saying sorry for my mistake, and telling them the effects on my job at uni, and work, telling them I would even do community service

Got a court summons

Called prosecutions dept to speak to the manager, to try and settle out of court

Told they had good grounds to convict me on so no chance!

 

The rest I guess they say is history.

 

Sorry it is bad news, but I guess it is my fault so I have to face the consequences. On the plus side, I have noticed on some applications (mainly for universities) that is asks if you have any convictions (this is impoertant and you should read the notes, because it then talks about RELEVANT convictions. but this is not classed as a relevant conviction, so I dont know if you have to divulge this...THIS IS NOT GOSPEL, just what I have noticed)

 

Anyway sorry for banging on, hope this helps,

Hope things go better for you guys than it does for me!

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Ok thanks for the update,which I see you have also reported on another thread.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Scare, you could of summed that up by saying 'travelled with the intention of not paying (and have done so previously), got caught, got convicted and got punished'. As far as honesty is concerned, had you of done what most of us do and payed your way then I think you would be better qualified to use that word.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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And 'he travelling fraudulently on other peoples' tickets' MAY NOT lol

 

:thumb:

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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THAT HAS TO BE THE MOST RIDICULOUS, COMMENT, AND BIGGEST WASTE OF TIME!!!!!

(Edit)

 

Not once have I asked for anyones sympathy. This thread has was not made for that, this thread has been made to get advice and I think unless you have any constructive advice you should...

 

I realise I am in the wrong, and have to be punished, but I personally feel that the punishment is to severe for the crime, hence why I have come on this thread to try and fight it. I thank so many people on this thread for not being so judgmental and actually trying to help, even though it wasnt fruitful, but the fact of the matter is, this is the penalty and I am facing up to it, I am just trying to help some of those others out there who made a stupid mistake.

 

Now I dont know who you are, or how you live your life, but I am pretty sure you are not a saint, so please refrain from judgment

Edited by maroondevo52
Removed unsuitable comment.
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