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    • 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?      
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    • 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  
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Accepted [unknown] Fake paper railcard from stranger - got caught!! **SETTLED OUT OF COURT**


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at the bottom of one of the posts.

 

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Thanks

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Hi Sammy,

 

I've tried to send you a private message, but was 10 posts short to be allowed to send a private message, so, I'll type on here.

 

Thanks for giving me hope, I want to get out of court at any costs. Could you please elaborate in a little more details how did you manage to get out?

 

I greatly appreciate your help!

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hello there

 

what i did was i read their prosecution policy and took out points that support my case. but I did apologise and was remorsefull. I have pasted what I wrote to them

 

'Though I admit my mistake and ready to apologise, I would like you to kindly consider my case under TFL Revenue Enforcement and Prosecution Policy (10) as I am a student and a first time offender ( no penalty fare) and it will affect my career prospects especially in DBS checking.

 

TFL Revenue Enforcement and Prosecution Policy (10) as follows for your kind consideration;

Where the offence involves fare evasion TfL may decide to issue an offender with a Warning Letter in lieu of prosecution, where it is deemed appropriate and one or more of the following conditions are met:

a. The offender admits the irregular travel and;

b. The risk of re-offending is considered minimal and;

c. The offender has provided TfL with exceptional mitigation against prosecution or in the opinion of the Prosecutions Manager it is not in the public interest to prosecute and;

d. The offender agrees to pay the administrative costs incurred in the processing of the case file.

 

As per above given TFL Revenue Enforcement and Prosecution Policy (10) conditions (a) to (d) are met in my case.

 

Condition (a) is met as I admitted that it was an irregular travel and was the first time I did in my life. (Please Check Exhibit SA/01 as Evidence)

 

Condition (b) is met as my Oyster Card History which is attached as Exhibit SA/01 where you can find I travel regularly with my own Oyster card, even the day before I was caught; I used my own Oyster Card. Moreover, I admitted, apologised and promised that I am not going to do this wrongdoing again in my life.'

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Hi Sammy,

 

This sounds really well! Thanks, I will now apply this to my case. Could you also state what were you caught for?

Also, could you please elaborate point C?

 

P.S. At that time, I was still being considered as a student, as I was awarded with my MA on 1st November 2014

 

Many thanks

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be careful

this is a fake ticket here not simply evasion.

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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Hello there i was summoned to court for using my friends 18+ oyster card. Point C is just how this prosecution can affect my future in employment. the need to have a clear DBS is what I wrote to them. But the key thing is to be apologetical and remorsefull and then you have to write what I posted!!

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Hi dx,

 

Yes, but I did not know that at the time of possession. Still, I think it is worth trying, don't you think? What's worst can happen?

 

Well the last person on here with a fake (season) ticket is about to be sent to prison for a few months after being convicted of possession of a fraudulent article. Although he was already on a suspended sentence, the judge more than likely would have still have sent this person to prison, just for less time.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425177-Counterfeit-Ticket/page2

 

He also tried to use the defence of "I didn't know it was counterfeit".

 

Depends what you are convicted off.

 

Section 5 - Regulation of Railways Act 1889 = Heavy fine

Section 6 - Fraud Act 2006 = Very heavy fine or imprisonment

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Well the last person on here with a fake (season) ticket is about to be sent to prison for a few months after being convicted of possession of a fraudulent article. Although he was already on a suspended sentence, the judge more than likely would have still have sent this person to prison, just for less time.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425177-Counterfeit-Ticket/page2

 

He also tried to use the defence of "I didn't know it was counterfeit".

 

Depends what you are convicted off.

 

Section 5 - Regulation of Railways Act 1889 = Heavy fine

Section 6 - Fraud Act 2006 = Very heavy fine or imprisonment

 

Hi FirstClass,

 

Thank for your response.

 

I've been sent documents of the prosecution from Tfl last week with the following:

 

It says '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. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.'

 

It also says 'an application will be made in court for a £130 contribution towards the costs of tfl. There will also be an application for compensation of £4.70 in respect of the fare avoided'

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ofcourse you didn't, and I've related to this already

your issue, as has been pointed out in their letter

 

 

Today I have received a reply from them with a refusal to settle out of court.

They wrote me that they do not believe I was using that counterfeit ticket unintentionally

and they do not believe someone gave it to me at that time of the day.

 

 

so that's what you need to counter

 

 

telling them how they should 'judge' your case

by using the suggested text in post 57 IMHO wont help you.

 

 

that's not the issue you need to counter.

 

 

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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Thank you dx,

 

I now feel stressed again.

 

What if I write them honestly that "I've been working hard for the past 4 years at the university,

spent a lot of money on the tuition fees and finally, after 6 months of consecutive search, I found my dream job within finance industry.

 

 

However, working here requires clean DBs, so, criminal record can destroy my career.

 

 

Given that, my whole life's hard work might result in being wasted.

 

 

In consequence to that, I am in a great depression and in my current mood, might consider to commit a suicide over this matter."

 

I know it may sound harsh, but it is my dream employment, which I was working for really hard all my life. Please advice me on this

Edited by Bamboo_fighter
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its a threat - you don't threaten them that you will kill yourself if they don't do xyz.

 

 

again, the main issue here is not your future employment

its convincing them that you did not know the ticket was a fake when you accepted it.

 

 

i'll let others comment now.

 

 

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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Hi everyone,

 

It's me again. I am really desperate now, as my efforts are getting me nowhere.

 

I've decided to send one more begging letter to Prosecutions Manager directly. I also think to send a copy of this letter to a Managing Director of TfL, following an example of the following case:

http://www.consumeractiongroup.co.uk...91#post4348691

 

I found two potential Managing Directors to contact:

London Underground & Rail Managing Director and; General Counsel

 

Which one should I rather send my letter to? And would that be appropriate?

 

In the aforementioned case, contacting Managing Director has actually helped that person to settle his case out of court.

 

I hope to hear you views on this.

 

Kind regards,

BF

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Neither! You're just digging a huge hole!

 

Sometimes in life you have to accept that things aren't going to work out how you would like them to.

 

Best thing to do now is to prepare for the worst that you expect and think about how you can develop yourself after this is finished.

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No more correspondence!

 

Turn up at the court with an amount of cash, and speak to the prosecutor before going in, see if he'll take a last minute settlement (don't count on it).

 

If he won't agree to that, see if he'll agree to reduce the offence to a Byelaw, which again I seriously doubt he'll do at such a late stage.

 

That is all you can do!

 

Plead guilty at earliest opportunity and apologise in person to the court and you'll probably find yourself with a lighter sentence but convicted nevertheless.

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Hi firstclass,

 

I've been summoned to court for the following:

'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. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.'

 

Are you trying to say that they can change the above-mentioned conviction to fraud??

 

P.S. Old-CodJa always advises to keep negotiating up to, and even on, the day of a hearing.

 

I'm confused...

Edited by Bamboo_fighter
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You can negotiate right up to the day, but TfL are not interested in doing so as you have demonstrated. You have already tried to negotiate which means your only opportunity left is on the day of the court hearing. Emailing directors etc is only likely to antagonise them and make them believe you are not remorseful, just trying to get off with it by going to the bosses.

 

You can carry on emailing the prosecutions team but they evidently aren't interested and you really don't want to start annoying them, especially if you will need to see them on the day!

 

And we'll, yes they could change it to fraud, but they won't.

They COULD change it to a breach of Railway Byelaw which doesn't carry a criminal record, and is a less serious offence. You'd have to plead to the prosecutor on the day and see if he'd do that.

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You can negotiate right up to the day, but TfL are not interested in doing so as you have demonstrated. You have already tried to negotiate which means your only opportunity left is on the day of the court hearing. Emailing directors etc is only likely to antagonise them and make them believe you are not remorseful, just trying to get off with it by going to the bosses.

 

You can carry on emailing the prosecutions team but they evidently aren't interested and you really don't want to start annoying them, especially if you will need to see them on the day!

 

I concur. The Prosecutions team have made their decision clear.

Turning up on their doorstep without an appointment, mailing all and sundry (without adding some new reason why the Prosecutions team's decision is unfair or against their policies), and approaching people through LinkedIn (all of which the OP has considered ....) seem to me to show desperation, rather than remorse ....

 

 

And we'll, yes they could change it to fraud, but they won't.

They COULD change it to a breach of Railway Byelaw which doesn't carry a criminal record, and is a less serious offence. You'd have to plead to the prosecutor on the day and see if he'd do that.

 

It used to be that a Byelaw conviction didn't show on a standard CRB, but did on an Enhanced CRB, so it wasn't strictly true that a Byelaw conviction didn't carry a criminal record, only that it didn't always show on all checks.

 

http://www.merseyrail.org/media/214739/PROSECUTIONS.pdf shows this, but although the page is currently available it still refers to CRB's, which have now been replaced by DBS / eDBS's.

I suspect a Byelaw conviction will still show on an eDBS, (as they were pretty much a direct replacement CRB-> DBS, eCRB -> eDBS), but I cannot be certain.

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I concur. The Prosecutions team have made their decision clear.

Turning up on their doorstep without an appointment, mailing all and sundry (without adding some new reason why the Prosecutions team's decision is unfair or against their policies), and approaching people through LinkedIn (all of which the OP has considered ....) seem to me to show desperation, rather than remorse ....

 

Hi BazzaS,

 

Thanks for your comment. You mentioned their policies, so I have reviewed their Prosecution policy with a great interest.

 

In Section 10, it says:

TFL Revenue Enforcement and Prosecution Policy (10):

Where the offence involves fare evasion TfL may decide to issue an offender with a Warning Letter in lieu of prosecution, where it is deemed appropriate and one or more of the following conditions are met:

a. The offender admits the irregular travel and;

b. The risk of re-offending is considered minimal and;

c. The offender has provided TfL with exceptional mitigation against prosecution or in the opinion of the Prosecutions Manager it is not in the public interesticon to prosecute and;

d. The offender agrees to pay the administrative costs incurred in the processing of the case file.

 

So, I found that in my case, I meet all the above mentioned conditions, as:

A) I admit irregular travel and my mistake;

B) I was a student at a time of the incident (no penalty) and it was my first ever offence, hence - minimal re-offending risk;

C) I am working in the City, in finance industry, where they require to have a clean DBS. Therefore, this job is the aim of my whole life and this little mistake puts my whole life's hard work at risk.

D) I agree to pay all the costs and fees.

 

 

P.S. I know that DX does not approve this method, stating that this is "lecturing" them on how to perform their duties, but in their letter they referred their decision to this prosecution policy. FirstClass also does not recommend it either. Perhaps they have missed a few aspects that might work out in my favour. Especially since while I was having a conversation with a prosecutor via the phone, he mentioned that they might change their mind if I provide exceptional circumstances, like losing job etc.

 

Lastly, this has helped Sammy to get his case sorted out of court. I know that his case was different, but by reading his thread, I've got an impression that he was in a similar desperation as me.

 

I am really lost about my further actions. Getting to court on the day of the hearing is troublesome, as I will have to come up with the excuse for my management (and I don't want to tell them I am summoned to court), but pleading by post and not attending scares me off by the possibility that they might decide to prosecute me for fraud instead(which would be totally unfair in my case). FirstClass mentioned that this is unlikely to occur, but I am still worried... Do you know how much (usually) time is spent in court in such matters???

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Hi BazzaS,

 

Thanks for your comment. You mentioned their policies, so I have reviewed their Prosecution policy with a great interest.

 

In Section 10, it says:

TFL Revenue Enforcement and Prosecution Policy (10):

Where the offence involves fare evasion TfL may decide to issue an offender with a Warning Letter in lieu of prosecution, where it is deemed appropriate and one or more of the following conditions are met:

a. The offender admits the irregular travel and;

b. The risk of re-offending is considered minimal and;

c. The offender has provided TfL with exceptional mitigation against prosecution or in the opinion of the Prosecutions Manager it is not in the public interesticon to prosecute and;

d. The offender agrees to pay the administrative costs incurred in the processing of the case file.

 

So, I found that in my case, I meet all the above mentioned conditions, as:

A) I admit irregular travel and my mistake;

B) I was a student at a time of the incident (no penalty) and it was my first ever offence, hence - minimal re-offending risk;

C) I am working in the City, in finance industry, where they require to have a clean DBS. Therefore, this job is the aim of my whole life and this little mistake puts my whole life's hard work at risk.

D) I agree to pay all the costs and fees.

 

 

P.S. I know that DX does not approve this method, stating that this is "lecturing" them on how to perform their duties, but in their letter they referred their decision to this prosecution policy. FirstClass also does not recommend it either. Perhaps they have missed a few aspects that might work out in my favour. Especially since while I was having a conversation with a prosecutor via the phone, he mentioned that they might change their mind if I provide exceptional circumstances, like losing job etc.

 

Lastly, this has helped Sammy to get his case sorted out of court. I know that his case was different, but by reading his thread, I've got an impression that he was in a similar desperation as me.

 

I am really lost about my further actions. Getting to court on the day of the hearing is troublesome, as I will have to come up with the excuse for my management (and I don't want to tell them I am summoned to court), but pleading by post and not attending scares me off by the possibility that they might decide to prosecute me for fraud instead(which would be totally unfair in my case). FirstClass mentioned that this is unlikely to occur, but I am still worried... Do you know how much (usually) time is spent in court in such matters???

 

You can't have things both (all) ways.

Either you are going to have to take time off work and attend court, speaking to the prosecutor or you can not take time off work & plead guilty by post.

 

Exceptional circumstances? In one respect if fare evasion puts your job at risk the answer is simple : don't fare evade.

I'm not sure that people in jobs where a conviction puts their job at risk should be able to claim they should be less liable for prosecution than someone in a less "sensitive" job - that would seem unfair to me, and not "exceptional circumstances"

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You can't have things both (all) ways.

Either you are going to have to take time off work and attend court, speaking to the prosecutor or you can not take time off work & plead guilty by post.

 

Exceptional circumstances? In one respect if fare evasion puts your job at risk the answer is simple : don't fare evade.

I'm not sure that people in jobs where a conviction puts their job at risk should be able to claim they should be less liable for prosecution than someone in a less "sensitive" job - that would seem unfair to me, and not "exceptional circumstances"

 

With all due respect, seeing other people in similar situations as mine, getting out of court for the same efforts as mine, while I am still being prosecuted - seems unfair to me.

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