Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Settling case out of court (fare evasion)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3638 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

 

I have a court case on the 3rd of July regarding fare evasion and due to my career I need advice on the process of how to settle out of court. This is the first time that anything of this sort has happen to me and as things stand I do not have a criminal record and as a graduate aeronautical engineer any convictions will severely effect my career.

 

A little about the incident, it happened on the 5th september 2013, I accidentally picked up my mothers freedom pass while in a rush to go to a interview for a job (my current job), however I realized that I wasn't mine and I didn't use it on the way to the interview (the travel history will show this). But the incident happened on the way back from the interview, I accidentally used her pass without thinking as I was absent minded and very happy at the time because I got the job when a inspector stopped me at the barriers to check the pass which is when I realised that I used the wrong one, again the history of the pass would indicate that I only used it at that barrier (He confiscated the pass from me). I acknowledged that I used it by mistake but I did not intend to dodge the fare on purpose, I told the inspector what happened and I gave him my relevant details with the help of my ID and even offer to pay the fare or any fine in which he told me that if I am to be fine, that I would get it in the post.

 

I fully knowledge that I used it, but I used it by mistake and I fully regret making that mistake as it will have an impact on my employment. I would like to resolve this out of court as I have no prior convictions and this is the first time anything like this has happen to me. Any advice is very much appreciated.

 

Thanks

Link to post
Share on other sites

Hello and welcome to CAG. The transport guys should be along later.

 

Have you had any other correspondence from the train company or did they go straight to summons please?

 

Also, have you used this card in the past?

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi honeybee,

 

Long story short, any initial correspondence would have been sent to my old address but I got letter from the LCCC at my parents house notifying me of a court fine and after chasing it up I found out that it went to court and they passed a judgement without me being there. So I followed the process that they instructed me to do and I completed a statuary declaration at a magistrates court two weeks ago and they gave me a court date for the 3rd July. please let me know if you need any further infomation.

 

Thanks

Link to post
Share on other sites

Oh and I have forgot to mention that no I personally have never used that pass and to my knowledge only my mother to whom it belongs to has ever used it. I used my oyster top up on the way to the interview into oxford station but on the way home from the interview I accidentally used it at oxford circus underground station (both have the same covers). I have always topped up or had monthly passes which I have bought since starting work.

Link to post
Share on other sites

Oh and I have forgot to mention that no I personally have never used that pass and to my knowledge only my mother to whom it belongs to has ever used it. I used my oyster top up on the way to the interview into oxford station but on the way home from the interview I accidentally used it at oxford circus underground station (both have the same covers). I have always topped up or had monthly passes which I have bought since starting work.

 

Can you tell us more : how is it they both have the same covers ?

Link to post
Share on other sites

Hi Bazza,

 

I have the standard black Osyter card holder and after some wear and tear my mother replaced her orange one with one that she got from a train station which is the same type. She has card that card for 6 or more years, I can find out exactly if that helps. It was left on the coffee table in the living room where I was preparing for my interview, I had my notes, phone, wallet and keys etc on it too and as I realized I might be getting late for the interview I just grabbed everything off the table as I rushed out of the house forgetting that I left my osyter card in my coat pocket from the previous day where I used it to get to the job center, I just assumed it was mine. I realised it wasnt mine as I got to the bus stop that i had another one in my pocket which is when I used my card for the entire journey, two busses and two trains to the job interview.

 

Thanks

Edited by vdishy
Link to post
Share on other sites

Hello again.

 

Have you written to or rung the train company to ask if they would permit you to settle this out of court and pay the fare due plus their reasonable admin costs?

 

If it is as you say, they may agree to this. I think it's worth a try.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi Honeybee,

 

I haven't contacted the train company (i guess its TFL, it happen at oxford circus) to settle this out of court, I've only spoke to LCCC and Lavender Hill court court about the case that happened in Feb without me present and to make a statutory declaration. I'm not sure who to contact and what to say and I was hoping to come here and get advice from you guys on how possibly to do so.

 

thanks

Link to post
Share on other sites

Thank you for that.

 

I'm not sure either. You don't have any of the correspondence that went to your previous address? That woud normally have a case reference and the name of the person dealing with it.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I don't have any of the initial correspondence and from what I have been told is that they have been destroyed by the current occupants of the address. I do have a LCCC case reference number on the letter that I got at my parents house, is that of any use?

 

Cheers

Link to post
Share on other sites

They certainly shouldn't have done that, they should have returned it.

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_post_e/consumer_problems_with_post_e/consumer_problems_with_post_delivery_e/youre_receiving_someone_elses_mail.htm

 

I don't have any of the initial correspondence and from what I have been told is that they have been destroyed by the current occupants of the address. I do have a LCCC case reference number on the letter that I got at my parents house, is that of any use?

 

Cheers

Link to post
Share on other sites

Yeah, I guess they threw it in the bin because the incident happen on 5th Sept and the court case happened on 27th Feb and I only found out about it from a letter on 28th March. Not sure when they would have got the first letter(s) but I wouldn't have expected them to hold on to them and ideally they should have returned it to the sender.

 

Can anyone weigh in on who to contact/write to and what to write given the information that I have given to settle this out of court. With there being only 3 weeks until the case goes to court, I'm getting slightly nervous because I don't know how long this process will take to settle.

 

Thanks

Link to post
Share on other sites

Just a little update, London underground have sent me a copy of the original court summons as well as a witness statement (there are some things on that that are incorrect) from the revenue control inspector at the time to refresh my memory of the incident.

 

I'm being charged with "attempting to travel on the railway without having previously paid the fare and with intent to avoid payment thereof contrary to s.5(3)(a) of the regulation of Railways Act 1889 as amended by Section 84 (2) of the transport Act 1962 and Section 18 of the British Railways Act 1970"

 

And I am being prosecuted by London Underground, I also have a address and the name of the prosecutions manager.

 

I will be writing to him in the next two days, I would appreciate it a lot if anyone could give me advice in what to write to him to avoid rambling on considering my recollections of the facts that I have provided bellow.

 

Thank you for reading this.

Link to post
Share on other sites

I have an appointment with a local solicitors tomorrow, however with my current financial constraints, I am not if I would be able to afford legal advice so I would like to cover all my bases. Ideally I would like someone that knows what they are doing to settle this out of court but I might not happen considering what they said the cost might be. I'm in a delicate situation financially being a recent graduate living in London working in a minimum paid job and I'm considering to apply for further loans which my be exhausted.

Link to post
Share on other sites

Hello there...

 

I was in the same situation as you were....mine was that i used my friends student oyster card....and got into trouble..i managed to settle out of court by writing a letter with these points that i took from their PROSECUTION POLICY...the points are:

 

1.The offender admits the irregular travel and;

2.The risk of re-offending is considered minimal and; (I will never even in think of doing this again even if it is in my dream!!!)

3.The offender agrees to pay the administrative costs incurred in

the processing of the case file.

 

now you have said that you only used the card only once...so you might have a chance...but the only problem is that the card you used was a freedom pass...but anyways right to them with the points that i have mentioned above...I only had to write one letter BTW after i got my court summons...IT is very important what you PUT on the letter...

 

all the best wishes

 

sam

  • Haha 1
Link to post
Share on other sites

Hello Sammy13,

 

Thank you for replying, your post is very helpful but I think its better off for me to get someone that knows what they are doing to act on my behalf since even though I did it accidentally, I did something wrong and I am willing to pay for my mistake even if a solicitor will wipe out any savings I have left and will leave me broke, a loss in income in my chosen industry would be far greater. I will never make that mistake again, it just a freak sequence of incidents, nothing like this has happen to me in the 10 years that I have had a oyster card and I've been paying for monthly travel cards since I got the job and incident but not that it matter.

 

I will update in due course once I hear anything but the likelihood is that I'll have to go to court.

 

Thanks

Link to post
Share on other sites

Hello

I think it will be harder to get an out of court settlement if you say you did it by mistake...cos remember tfl would have heard that excuse a number of times...I am not accusing you of anytin...it is just my observation reading various threads on here....OH BTW..do you have an oyster of your own..you can show your Oyster history...and write to them that it was an honest mistake..it is very essential to back your claims with evidence...

 

All the best wishes....

 

sammy

Link to post
Share on other sites

I do have my own oyster card however unfortunately after speaking to the underground staff, they can only look up to 3 months journey usage and the incident happened 10 months ago. That's why I'll leave it up to the professionals, but I appreciate the advice.

 

Many Thanks

Link to post
Share on other sites

I do have my own oyster card however unfortunately after speaking to the underground staff, they can only look up to 3 months journey usage and the incident happened 10 months ago. That's why I'll leave it up to the professionals, but I appreciate the advice.

 

Many Thanks

 

Oyster history can go back for years, as it is stored on the central servers for a variety of reasons, one being crime prevention/detection.

Link to post
Share on other sites

Oh great, I never knew that they stored it for that long, on a side note with the witness statement the London underground sent me, they sent a photo copy of the front and back of the pass but more importantly a print out of the oyster card history, well the last 10 uses and that show one use at oxford circus on that date and the others are for bus journeys in my local area with the next one being a week before the incident. I'm not sure if that will help, I guess I'll have to use that in conjunction with the history of my card and hope for the best.

Link to post
Share on other sites

They can only look at Oyster card history of the last 3 months.

They don't store any longer info than that.

Have you contacted the prosecution dpt?

They are the guys that can settle out of court.

Better if you let a solicitor contact them.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...