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    • Hi all,  Many moons ago (2012)  I had a Virgin credit card (issued by MBNA) that defaulted.  They did provide a valid CCA so I was advised by the good folks on CAG to make small payments to keep them quiet - I set up a standing order to pay them £5 a month, and it's been that way ever since.  The debt has been sold on a million times, but £5 is nothing so I've paid no attention to it.  Anyway, I received a letter from Capquest (who must be the current owners of the debt) back in March asking me to contact them to discuss a suitable repayment option, and the account will now be managed by Resolvecall.  Now £5 a month IS a suitable repayment option so I ignored their letter.  A few days/weeks later, I received a letter from Resolvecall, acting for Capquest wanting me to contact them and threatening a home visit if I ignored their letter.  Obviously I DID ignore their letter, and last week a lady knocked on the door (unanswered) and put a card through asking me to contact Resolvecall. Interestingly, their letter said if I didn't reply within 7 days from the date of the letter, and...you guessed it, there was no date on the letter! Out of curiosity, I logged in to Resolvecall's account, and it shows my two most recent £5 payments, so they ARE receiving my money but clearly want more - which they're not getting.  Now - do I play silly b*ggers with them, and ask them to provide the true copy of the CCA to see if they can come up with the goods? Do I just ignore them and carry on paying my £5? Do I stop paying altogether?  I know the case isn't SB as I've been paying regularly, but not sure how to play going forward?  Any suggestions gang?  Thanks you!   
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Caught using someone else's Freedom pass, convicted - leave to appeal granted


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I used my grans freedom pass and got caught.

 

I have phoned/emailed tirelessly to try and settle out of court but they are not backing down.

I offered to pay triple the fine but its seems they just want to prosecute me.

 

I don't care the fine

I just can handle that I will get a criminal record as this is my first ever incident with the law

and I am a student

 

When is your trial date?

 

 

have you settled out of court?

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I have the exact same thing as you I used my grans freedom pass and got caught.

 

I have phoned/emailed tirelessly to try and settle out of court but they are not backing down. I offered to pay triple the fine but its seems they just want to prosecute me.

 

I don't care the fine I just can handle that I will get a criminal record as this is my first ever incident with the law and I am a student doing well not some London riot chav.

 

 

These passes are issued as a benefit to people in genuine need and paid for by the public purse.

 

Your suggestion that you don't care about the fine is a good example of why the robust policy of reporting misuse does seem appropriate.

 

If you don't have a problem with paying perhaps hundreds of pounds in fine & costs, then it seems that you could have paid your fare.

 

The fact that misuse of Freedom Passes is a widespread breach of trust and can be considered in the same vein as stealing public money, is the very reason that TfL and the TOCs take a very hard line in prosecuting these matters.

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These passes are issued as a benefit to people in genuine need and paid for by the public purse.

 

Your suggestion that you don't care about the fine is a good example of why the robust policy of reporting misuse does seem appropriate.

 

If you don't have a problem with paying perhaps hundreds of pounds in fine & costs, then it seems that you could have paid your fare.

 

The fact that misuse of Freedom Passes is a widespread breach of trust and can be considered in the same vein as stealing public money, is the very reason that TfL and the TOCs take a very hard line in prosecuting these matters.

 

And so they should. The scheme is expensive enough without it being abused.

 

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Hello there.

 

I have started a new thread for you, please continue to post here.

 

You may or may not hear from the forum members you asked for updates, not everyone comes back to tell us how they get on. To me, it seems particularly prevalent for Freedom pass cases.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

Hi everyone I really need some help,

 

I was travelling on the tube and decided to use my sister's freedom pass.

To cut a long story short I got caught and gave all my details and admitted everything.

 

I know what I have done was wrong and I am ashamed of what I have done it has been the biggest mistake of my life and has made me really unwell.

 

I then received a letter saying I might be prosecuted to which I replied with a sincere apology and a plea not to take me to court.

 

They ignored my plea and sent me a court summons.

I have tried about seven times to call/email them to allow me to settle out of court but have had no luck.

I have even offered to pay triple to fine and court costs but they just want to prosecute me.

 

I know I have to pay the fines and court costs ect and that is not a problem as that is fair.

The main problem is the fact I will get a criminal record.

 

This is my first ever offence and I am currently at university and hopefully will become a primary school teacher

and I am sure this will do fair amount of damage to my future prospects.

 

I am not a bad person I am not one of them London riot chavs I want to make something of my life.

 

I have lost a lot of weight and now need sleeping tablets as I haven't been able to sleep well since this has happened.

I am petrified that this one mistake of trying to save a bit of money will have an effect on the rest of my life.

 

Is there any help or advice you can give me as I am in court next week and I am terrified.

 

I know I should plead guilty as I was and they can definitely prove it.

When I get to the court will I get to put my points across even if I plead guilty,

like will I be able to explain how this is my first offence and that I am generally a good person.

 

Also will a few of my friends be able to watch my case while it is in progress for support,

or will they have to wait outside. Any other advice would be great.

 

Thanks guys

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Plead guilty

Be completely honest

Be contrite.

Explain that you appreciate the seriousness and stupidity of what you have done.

 

Explain the effect on your job and that this is the first and last time that you will ever break the law.

 

There is nothing else you can do.

 

Read this:- https://nationalcareersservice.direct.gov.uk/advice/planning/Pages/convictions.aspx

and this - https://www.askthe.police.uk/content/Q89.htm

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Thanks for the advice and links. Will follow the advice. Hopefully will go okay but I doubt it very much.

 

Still wondering if my friends can come into the court room with me?

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Yes, they can - but if I were you wouldn't invite them.

The magistrate might not understand why they are there and they might feel that they want to make an example to your friends.

 

Take one friend if you want the support - but leave it at that.

Dress decently - not formally but respectfully.

If you are a male - no jewelry

If you are a female - keep it toned down

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I'm sure that a suit is fine - as long as you wear it and it doesn't wear you

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I've merged your two threads to keep the information together. I'm a bit confused about this.

 

I was travelling on the tube and decided to use my sister's freedom pass.

 

Previously, you said it was your Gran's?

 

HB

Illegitimi non carborundum

 

 

 

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Hi yeah thanks Old-CodJA's forum sticky was very helpful.

 

Just wondering will I get the chance to put my points across, like when I asked the ticket inspector if it would go any further he said that it wouldn't and it was just a warning.

 

Should I bring this up, or will I get the chance to, should I ask for the inspector that caught me to attend.

 

Thanks

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You know that some of the helicopters you hear over London are TfL? -loooking for cable thieves, you see.

 

But they haven't set up an Internet Forum Monitoring dept. yet. On a slightly more serious note... if you just fibbed about a little thing like that... :| ...no wonder you're waiting for your case to come up eh? LOL

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I just didn't want them to have anything to use against me in court, it doesn't matter if it was my nan's or sisters pass it was a freedom pass and TFL go mental about that.

 

I offered them £1000 to settle out of court but they still said no.So they will waste time and money just to prosecute me.

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What do you mean? I would happily pay a grand instead of going to court and getting a criminal record.

 

They refused it and seeing as its my first ever offence I think that's a bit harsh especially as the ticket inspector misled me and said it was just a warning.

Edited by honeybee13
Removing contraversial word.
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I meant, if you sent them a cheque for a grand, I bet they would've cashed it! I'm a bit of a believer in 'a bird in hand', although TfL can be contrary bastards. But if you just offered a grand it's not quite the same thing as paying it. E.g., when you hear about people settling on the steps of the Court, they literally pay up on the steps of the Court... they doon't make arrangements to ppay a little bit incrementally a month. See what i mean? Not that I'm suggesting you should pay a grand anyhow. Blimey. In fact:

 

"'Crumbs!" -Said William'.

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What do you mean? I would happily pay a grand instead of going to court and getting a criminal record.

 

They refused it and seeing as its my first ever offence I think that's a bit harsh especially as the ticket inspector lied to me and said it was just a warning.

 

Ahh well, mind you, you "lied" by using someone else's freedom pass, and got caught.

You've "lied" about whose pass it was, and been pulled up for that.

 

You've had it explained to you why Freedom pass abuse is viewed so seriously, and why TfL almost always prosecute : yet you feel you are being treated harshly?

 

If it is worth a grand to you not to be prosecuted, how much was the fare that you dodged? And why dodge it by abuse of a publically funded system intended to benefit some of the most disadvantaged?

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