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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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i have been stupid stupid stupid


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Guys

 

firstly apologies for the following statement.

 

I know i have been seriously stupid.

 

I got caught with fare evasion in september, (i had been paying a single journey fare for a return journey due to no barriers either end) for little over a week. due to financaial circumstances.

 

I got stopped at a ticket barrier obviously with a oyster card saying incomplete journeys etc etc, and i got detained.

 

i recieved my letter from tfl in october stating my case which i replyed with a very apologetic letter stating it will never happen again (i was and still am all over the place mentally)

 

i have now recieved my court summons which will be in the next few weeks. i can potentially lose my job over this.

 

i accept i am completley in the wrong and am willing to pay any fine that will cover there expenses incurred.

 

I have phoned them up this morning to try to plead my case but they said to confirm in writing either snail mail or email (email is my preference)

 

how can i try to avoid a criminal record?

 

i was at such a low point when i got caught, i had next to no money, the tube line was constantly running late and i was getting in trouble with my work for my time keeping due to the fact that the trains were always running late (i havent mentioned this in my letter or over the phone as i have read her not to say anything bad about the service they run).

 

now since the "act" my wife has been diagnosed with end stage renal failure and her operation is coming up also.

 

I am in a complete state regarding all of this.

 

any advice is welcome..

 

apologies for taking up your time as i appreciate all of you are busy

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write a second pleading letter [have a look at oldcodja's posts in this forum for examples]

 

off er to pay ALL cost and whatever the fine might be IF it did go to court [about £110 i think]

 

might 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... 

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I did when i spoke to them.

 

the cost breakdown when it goes to court will be £120 contribution towards costs, victim surcharge (15 i think) and whatever the fine would be.

 

The lady on the phone was very helpful but coulnd give any advice unfortunatley.

 

If they do decide (and i pray they do) not to proceed with court action the minimum i would be expected to pay would be the court costs which are in the region of £300.

 

as mentioned above luckily the lady gave me this information.

 

she gave me the email address i need to use when liasing with them.

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Realistically, the lady you spoke to on the phone couldn't be expected to tell you what to say, but perhaps if you try something like this, you might get a sympathetic hearing:

 

Dear Sirs,

 

Your Reference >

 

I write regarding the Summons that I have received from you and concerning the occasion on > when I was reported for travelling on your train service from > to > without a valid rail ticket.

 

I wish to offer my unreserved apology for my actions in the hope that you will allow this matter to be resolved without continuing to court action and thereby allowing me to preserve my good name. I have not previously been prosecuted for any offence.

 

I do recognise that I have been very foolish. At the time of the offence I was not acting rationally, my financial situation was very poor and I was under a great deal of pressure at work. Please be assured that I am not seeking to put undue emotional pressure on you, but I hope that you will understand why I am ask that you might be able to show a little compassion. My wife has been recently diagnosed with a serious medical condition for which she is awaiting an operation and I am very concerned that the worry caused by my stupidity leading to the incident report, should not add to her discomfort. Her medical condition can be independently confirmed should you wish.

 

I do understand that fare evasion is a very serious problem and unfair to the vast majority of travellers who pay the correct fare every time, I hope that you will recognise that I acted out of genuine hardship and I am very sorry for having done so. I wish to apologise to the member of staff concerned and to the Rail Company for the extra administration work that my actions have caused.

 

I hope that you can accept my offer to pay the full fare that is due and all of the reasonable costs that have been incurred by the rail company in the hope that you will allow me to make amends for this uncharacteristic act rather than go to Court action.

 

I promise never to travel on a train without a valid rail ticket in future.

 

Yours etc.

 

The foregoing letter is just my suggestion, there are no guarantees it will work and you really should put it in your own words, just using this as a kind of template.

 

Good luck

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Many thanks for you letter. i will also take your advice on board it really is informative.

 

one other quick question.

 

with the court cummons they have put a means testing form in.

 

how much of that shall i fill out

 

its asks for things like my NI number, my car registration number and my earnings etc, etc.

 

why would they need all of this information, apologies for the questions, and if i dont fill it all in i will be fined.

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IF this goes to Court and IF you are convicted, the one thing you really must fill out is the statement of your income and outgoings.

 

If you fill in false figures and are found out later, you could face a much more serious charge.

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Possibly, this a way of getting information which will help decide whether it is worthwhile taking an enforcement step; and if so, which of the methods available is most likely to produce results.

 

More information at HM Court Services website, (sorry, I cannot yet post links).

Quis custodiet ipsos custodes? :razz:

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As the offence did not involve 'driving', you do not need to fill in 'vehicle' details, but you do need to put your National Insurance number on. A very high number of defendants in 'minor' matters like this end up with penalties being deducted from benefits.

 

Fine defaulters are costing 'the system' huge amounts. The form MC100 is part of the 'collection' process.

 

It is also very important for it to be filled in correctly such that penalties imposed are 'fair' in relation to the particular defendant.

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HELP

i submitted the latter old-codja supplied i editied it and i received the following

Thank you for your email dated xxxx, I have read and noted your comments in relation to your pending hearing due to be heard

I appreciate your concerns regarding this matter however fare evasion is a widespread problem on the London Underground system and is taken very seriously.

The action of Passengers travelling without a valid ticket for their journey is one of the most common offences of fare evasion on London Underground and contributes greatly to the estimated loss of about £22 million in revenue per year.

It is our view that the decision to prosecute was taken in line with the London Underground Prosecution Policy, after a full examination of the facts and circumstances surrounding the alleged offence. It states in the policy that the decision to prosecute is only substituted in exceptional circumstances; we are not persuaded in your case that there are any exceptional circumstances.

Under the circumstances we reject your offer to settle the matter out of court and London Underground intends to proceed with the matter as listed and I would advise you to submit your plea to the court before this hearing.

Any ideas on how i can respond to this ?

Help im getting desperate for such a stupid act.:-(

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Don't get desparate, it is not the end of the world as we know it if you are convicted.

 

That letter does look a bit 'final', but I suppose that there is no harm in writing a 'thank you for your letter', and point out your remorse. It may also be a 'trick', although others may have different views, to include a cheque to the value of their costs claim and the avoided fare, made payable to LU, which may make it easier for them to accept a settlement than all of the trouble of returning your cheque and still prosecuting.

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OK, you have been caught bilking and by your own admission, this wasn't a one off. Although this crime doesn't rank highly on the Pol Pot scale, it is still an offence and barring a minor miracle, you will be convicted for it.

 

IMO, damage limitation is now the key. You have shown remorse, you have offered to pay and you have promised not to offend again. You also have reasonable mitigating circumstances in your favour. All these elements will strike a chord with the Magistrate(s), almost certainly resulting in a slap on the wrist.

 

Perhaps more importantly, as you are concerned for your job, my advice would be to reveal this to your employer as soon as you know that court action is definitely to go ahead. That way, you will gain points for your candour and present the facts before the gossips, local media etc, do the job for you. You don't mention your profession, but many employers are sympathetic to the odd human failing and a frank and honest admission can be a deciding factor in your favour.

 

I wish you well in the days ahead.

Quis custodiet ipsos custodes? :razz:

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Thanks for your message..

i currently work within ICT.

I was hoping not to let my employers know as they are going through a major job re-structuring and it MIGHT cost me my job.

At the time of the incident i was under some financial pressure, work were continually on my back as i was always arriving late due to the fact the underground was always playing up. my journeys instead of 1.5 hours each was were taking closer to 2 - 2.5 hours due to late running trains signal failure etc etc. I was completley stressed out not an excuse i know...

To give you an example even now take last thursday for instance It took me nearly 5 hours to get home due to signal failure it just started to get on top of me i guess i know its not an excuse i am just being honest.

Since the incident i have been a nervous wreck if i am completley honest i feel like people are watching me. I have never done anything like this before or will do again i hate it.

I honestly feel all alone my wife has been of some support but she is also in a lot of pain so i am stressed about her.

When the inspector took me to one side we chatted and he never even offered me to pay the penalty charge as i had unfinished journeys on my card, His exact word to me were sorry in this case but i am choosing to be brutal towards you, after the interview he saw my mental state he commented that i will probably only get a warning as i was so co-operative i think he only said that to make a bit easier. I told him at the time im wasnt going to lie to him and each question he asked i gave an honest and truthful answer.

i take the underground as it is the cheaper option for me £60 a week instead of £105 week to take an overground service. the journey each was is £6 so why on the court summons do they say the single journey fare is £7 ?

I was completley honest with the RPI inspector and he also said he would note how co-operative i was but he didnt, im not angry he was probably just trying to keep me calm as i was all over the place.

I know what i did was completley wrong and unjustified and i have had to live with my guilt since the incident took place, i have offered to cover the journey plus costs i am willing to try anything to avoid court action all because I AM SCARED of mentioning it to my job.

I really can’t live with myself at the moment my enthusiasium even for my kids have disappeared because of the worry that i am finding with all of this.

I’m actually the kind of person that gives his seat up to an elderly person, a pregnant person etc.

When I find mobile phone I hand it in.

there was even an instance in the oyster machine I found £8 ish I think was someones change I passed it to the ticket office.

I am not a dishonest person may sounds like closing the door after the horse has bolted but im not it was a genuine genuine mistake which really upsets me at the level of stupidity.

sincere apologies for the above but i have NO-ONE else i can talk to about this.

I am not trying to escape the fine or the costs i am just trying to preserve my name that is all.

so if you have ANY advice what so ever on how i can get through to them i WILL never do it again it will truly help

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FWIW, I don't doubt your sincerity and I have to admit to having a lump in my throat as I read the above. Personally, I think that you have paid and paid again for your indiscretions. Sadly, the prosecutions department don't take the same line. It looks as though they are determined to prosecute, although Wriggler 7 makes a very interesting and possibly effective suggestion above.

 

If it does go to court, you have done "all the right things." I am sure that you will be dealt with leniently. Job wise, there are far worse 'crimes' in many peoples' past and a few moments of madness don't make you a career criminal. Although a frank chat with HR may lead them to view you less favourably, your courage and basic honesty would be in less doubt. Provided that you don't handle sensitive/financial data, a relatively minor offence is possibly not in itself a "deciding" reason to terminate you. Learning of your adventures from the "Neasden Herald" might be.

 

However, you would need to disclose the conviction in every subsequent job application until it is spent. (5 years). That said, a record is not necessarily a bar to employment. Some years ago, the Lib Dems provoked furore when they pointed out that 98 serving police officers had prior convictions for offences of dishonesty. The decision on whether or not to disclose is for you alone and I have no wish to moralise here, although your resolve not to be dishonest again may be called into question if you do not.

 

Good Luck

Quis custodiet ipsos custodes? :razz:

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again thanks for you comments.

 

I am currently liasing with a trusted work colleague on how we can approach my place of work with all this.

 

I am playing with the idea of actually sending the above to the prosecuters office?? or will that do more harm than good, probably more harm come to think of it.

 

i do apologise my mind is all over the place

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