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    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
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joe9t

What are my statutory rights when purchasing an ex-display electrical item?

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Hi,

I bought an ex-display electrical item last year and

 

 

about 6 months down the line it appeared that the bulb inside the item had blown,

but didn't do anything like attempt to replace the bulb until almost 6 months later,

where I found that it wasn't the bulb at all but part of the circuitry inside that had failed.

 

 

I still had the receipt and box and took it back to the place where I had bought the item.

 

 

They said that after all this time it wasn't something they were legally obliged to replace/exchange or refund for.

 

I am having to pay for a replacement part from the retailer instead.

 

Where do I legally stand here?

 

(I sent the item back to the retailer just within 12 months of purchase.)

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You are covered by the Sale of Goods Act.

If the circuitry has failed then you are probably entitled to a free repair.


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Personally, I'd take it back again, and as BF has stated, tell the retailer that as the problem was reported

within 12 months, that you ARE entitled to a free repair because you are covered by the Sale of Goods Act (Fit for Purpose).

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

 

If the retailer gets arsey, or if indeed it's already with the retailer, I'd be telling them that I was going to be

talking to my local Tradings Standards department and my local free newspaper/advertiser...

 

I'd also be making the point that if I was going to be forced to pay for the repair, that it would be under

protest, rather than lose use of the item altogether..... In the name of costs control, and that I would be

pursuing the seller through the County Court for a refund and costs after the repair...

 

Can you tell us what the item is, and who the retailer is...??

 

Good Luck. Please keep us updated...

My Best, Dave..

Edited by diskmandave

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It's not much to do with 12 months. You could be demanding the repair for several years - depending on what the item is.

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy


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It's not much to do with 12 months....

Agree, BUT this helps IMHO...

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy.

I don't agree BF. No harm in setting out your terms from the outset.

If that's TS and local press, when it comes to Court you've got an

extra bullet in your gun, in that you've attempted to settle before Court..

...


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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@diskmandave

 

The item is a "Forever Flowers 48inch Fibre Optic Firework Explosion," which retailed at just over £100. Sadly it is no longer available to buy.

 

When I thought the bulb had blown, I just thought it was simply that and left it switched off until I could got round to replacing the bulb.

 

It was then after a further 4-6 months that I found that it was not the bulb but rather another part of the fixture that had failed instead.

 

The retailer is charging me £20, for another base unit, but that's if he can get one.

 

He said he could get me one, but I fear that in January when I go back, he'll just say that one was not available.

 

He has taken the item off me and is holding it at his shop until early January.

 

The shop is Stone The Crows, 1-5 The Moor, Sheffield S1 4PF

 

 

Thanks to eveyone for their advise and help

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I have some doubts about whether there is really a breach of the Sale of Goods Act here. Goods won't be of satisfactory quality if they don't last a reasonable time. However, what counts as a "reasonable time" is hard to say because it really depends on what the judge thinks. The added complication is that under the Sale of Goods Act, after six months, the burden of proof is on you to prove that the good was not "satisfactory quality" when you bought it (before six months the burden of proof is on the retailer).

 

I googled the product and it looks like a fairly cheap set of fairy lights. The pictures aren't clear but based on those pictures, if I saw that product in a shop, I would think "it will work this Christmas but might need replacing next Christmas". I am not an electrician but personally I am not surprised that bits need replacing a year down the line, especially as the left the product sitting and gathering dust for a number of months.

 

I think the shop are being reasonable here. They are trying to help you out by finding a new base unit. Personally I think you should pay the £20 charge, just my opinion.


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You would be satisfied at lights that retailed at just over £100 should only last 1 year?

 

You are right that the retailer can say he will not do anything without an engineers report, but if joe9t gets the report and it confirms the issue is from manufacturing the shop will then have that to pay for the report aswell.

 

There is a nice flowchard on the site DMD linked to above that you can print out and educate the retailer as to what he does or does not have to do ;)


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Hi,:sorry: it has taken me two years to respond, but

I have just come across this thread and realised that I never updated you all on the outcome.

 

 

Well, I'm pleased to say that in the end I managed to fix the fault all on my own

after the shops electrician wouldn't replace a very simple part (where the halogen bulb fits into).

 

 

I went down to a reputable electrical shop in Sheffield (Bardwells) who supplied me what I needed and I fixed the fault myself..

. AND...it's up and working beautifully this Christmas - 3 years on from buying it!!

 

 

Thanks EVERYONE for your advise and once again my apologies for taking so long to update you on the outcome.

 

MERRY CHRISTMAS to you ALL. :smile:

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