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    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
    • From Alasdair Macleod , 40 years in stockbroking and financial  analysis  The Eurozone is bust. The deterioration of TARGET2 imbalances have been hardly noticed, but in recent months it has been alarming. Despite official denials over the years that it is a matter of concern, it is increasingly obvious that the national banks of Italy, Spain and other nations with increasing bad debts are hiding them within the TARGET2 system. The first wave of Covid-19, which is leading to bankruptcies throughout the Eurozone, is now being followed by a second wave, which will almost certainly take out a number of important banks, in which case the cross-border euro system will implode.   https://www.goldmoney.com/research/goldmoney-insights/the-destruction-of-the-euro
    • I agree but it doesn't change the fact they're all in the system the same way we are and they vote in certain ways for varying reasons that are far far away from our own motives.   The whole wretched system needs taking down and starting from scratch 
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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A penalty fare is exactly that, irregular travel is something completely different a penalty fare should never be applied if you are caught using someone else’s card, or if you have printed your own ticket on your computer, or double gate, or travel and touch in half way through your journey to pay a lower fare.

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I am not going to post on this again and I apologise if this appears to be rude, but I really don't understand why you do not get it cletus1.

 

You persist in using terms that are irrelevant.

 

Mr X is accused of an offence by the TOC and is informed that they have evidence to proceed to prosecution

 

Mr X writes back saying, "I am sorry, please accept my apology, it was a one-off, never to be repeated incident. Will you please accept my offer of payment of all your reasonably incurred administration costs and the fare that is outstanding rather than take me to Court"

 

Tell me exactly how you think that is extortion?

 

The TOC has agreed to Mr X's request, nothing more.

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The answer is simple because it becomes a two-tier justice system for those that can pay and those that cannot

 

And for a public body such as tfl to behave in such a way and be complicate to it is both immoral and illegal

 

 

The TOC would be estopped form denying that it would have dropped the charges if the person was able to pay

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You seem to forget that the firm did not ask the traveller to break the rules, if they are willing to accept a payment that just covers costs and any fares, it is really up to them. If a person cannot afford such an offer or to make such, then really it is still their fault for doing wrong and putting themselves in the position in the first place.

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Any decent council would have a field day in court …

 

 

The person appears before you today not because of their actions but their inability to pay a levy to the claimant

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:lol: You should leave advice to such issues to old codja, it is obvious cletus1, you are not within the industry.

 

Remember they also dont have to accept any offer and are more than likely only to consider in cases of first time and genuine apology. In more serious cases they are unlikely to be able to avoid court in any case !!!!!!! As they have bye laws and when a person travels they are accepting those, then they can accept compensation offers which would save court time and further expense, but it is up to them. I mean a person with no funds is hardly likely to offer compensation in any case !!!!!

 

Has to be remembered op is not going to go to prison over this :)

Edited by watchinginvestigation2011
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Any decent council would have a field day in court …

 

 

The person appears before you today not because of their actions but their inability to pay a levy to the claimant

 

 

Obviously another civil law expert.

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:lol: You should leave advice to such issues to old codja, it is obvious cletus1, you are not within the industry.

 

Remember they also dont have to accept any offer and are more than likely only to consider in cases of first time and genuine apology. In more serious cases they are unlikely to be able to avoid court in any case !!!!!!! As they have bye laws and when a person travels they are accepting those, then they can accept compensation offers which would save court time and further expense, but it is up to them. I mean a person with no funds is hardly likely to offer compensation in any case !!!!!

 

Has to be remembered op is not going to go to prison over this :)

 

 

Apply this to theft form a shop …

 

You turn round to Tesco’s and say I’m sorry I tried to pinch that bottle of scotch it’s the first time it has ever happened. It will never happen again! How about I give you £500 to forget about it …

 

 

Mens rea

 

The guilty mind

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I said that I wouldn't post on this again, but it is clear that cletus1 lives in some kind of bubble where the reality of things in the twentyfirst century hasn't yet penetrated.

 

It is not necessary to prove intent not to pay in order to bring a prosecution.

 

It is only necessary to prove Mens Rea, rightly described as a 'guilty mind', where the offence of 'intention not to pay' is alleged.

 

Breaches of National Railway Byelaw 18.1 and 18.2 may be alleged and summonsed to be heard by a Court where the allegation is a failure to comply with a strict liability requirement. There is no 'mens rea'.

 

Thousands of these cases are prosecuted every year, but a great many more are resolved by administrative payment and that happens on all TOCs as well as TfL, and has done for a very long while and well before my time in this field

 

Furthermore, simply consider the speeding motorist, who may be given the opportunity of a fixed penalty or a trip to court. Like the Penalty Fare (which is a civil remedy) it is a way of managing low level offences that would otherwise clog up the Courts system.

 

cletus1 persists in bringing in irrelevant comment. No-one suggests that such settlement should be applied in very serious criminal cases and it is not.

 

The OP has recorded that s/he failed to touch-in using an Oyster card. It is basically a strict liability matter although a charge of 'intent to avoid' could be laid if evidence supports it, but s/he has not created a forged season ticket or any other very serious offence.

 

I will apologise for being picky again, but looking at another of cletus1s earlier posts, I am not sure what any local authority has to do with any of this?

 

In mentioning 'council', I assume that should have been 'Counsel'. I think anyone with real knowledge of the legal profession would have made the very important distinction.

 

Unlike another poster, I believe that cletus1 may have worked in the industry, though not in the decision making process relating to these cases.

Edited by Old-CodJA
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Have the Train companies got the resources to take every single matter to court? The answer is 'no', so they concentrate on certain types of cases, mostly repeat offenders.

 

Apply this to theft form a shop …

 

You turn round to Tesco’s and say I’m sorry I tried to pinch that bottle of scotch it’s the first time it has ever happened. It will never happen again! How about I give you £500 to forget about it …

 

 

Mens rea

 

The guilty mind

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Apply this to theft form a shop …

 

You turn round to Tesco’s and say I’m sorry I tried to pinch that bottle of scotch it’s the first time it has ever happened. It will never happen again! How about I give you £500 to forget about it …

 

 

Mens rea

 

The guilty mind

 

It would be up to Tesco whether to bring charges or not. I doubt that tesco would accept anything above the value of the product anyway. The same for the TOC. If they choose not to bring any charges then no proseciution can take place. I suspect you will find that it would all depend on the individual case to whether to prosecute or not.

 

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.

 

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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Hi

thanks for your comments

spoke to the railway prosecution department

and explained him about the stress and how ashamed I am

requested him not to drag me to the court

agreed to pay the fine and that's it

they came positive and I paid my fines and assured this won't repeat again

the department said case closed but don't haveany confirmation

so I think no more court

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You should just make sure that you got a receipt for your payment and a copy of a notice confirming that any Summons has been discontinued.

 

I got the confirmation of the payment but don't know about summons should I call them again and confirm

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I got the confirmation of the payment but don't know about summons should I call them again and confirm

 

Can someone please confirm this? I got confirmation of payments in my own case too, is there a need to call them and request a notice for discontinuation of summons? How about the court papers? is it now safe to put them through the shredder?

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If you have an emailed confirmation of full and final settlement paid to the TOC (or TfL) dated prior to the date of listed hearing, then you should not have any problem

 

I always think it best to get confirmation of no further action in relation to a summons, but it isn't essential.

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If you have an emailed confirmation of full and final settlement paid to the TOC (or TfL) dated prior to the date of listed hearing, then you should not have any problem

 

I always think it best to get confirmation of no further action in relation to a summons, but it isn't essential.

 

 

I haven't received any summons so I need not worry right

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I haven't received any summons so I need not worry right

 

Yes, that is correct.

 

Your case has been settled out of court by the company accepting mitigated costs.

 

You have paid an administrative penalty and the matter is closed.

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