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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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gianbocch

PlayboyTV subscription by wayward nephews friend - help

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Hello all,

 

I need some advice in regards of a tricky situation with a company: PlayboyTV.

 

A few months ago,

I left my nephew and a friend of him at home for a few hours whilst I was doing some work during a long weekend.

It seems that my nephew (or his friend) subscribed to PlayboyTV on my Credit Card for a monthly recurring payment subscription.

 

I only found out about the charges by January this year and could not find the contact details in order to find out what was going on.

Only until verifying the date the subscription was made, I realized that this was done by my 12 year old nephew,

therefore I decided to ring my bank and explained about the situation.

 

They decided to block the card for future payments with these people and also provided me with a chargeback for the month of February.

They have sent two letters which I have ignored and binned, trying to hide it from everyone to know.

 

Today 2nd of April, a collection agency called Wescot is trying to get the payments from me,

claiming that I have not paid Playboy for these months.

 

 

I explained them the situation but they keep saying that even do,

I would still be liable for the charges, (the chargeback and the month after the cancellation).

 

 

They have also advised me to call the police and to report my 12 year old nephew to the police,

saying that this is a fraud. But he does live abroad and does not normally come very often, or at least, every 2 - 3 years.

 

I told them that I would not pay this money back to them and they concluded that I was denying that was my responsability,

and therefore, they would be taking action shortly. So I guess they are sending me to court for 19.99.

 

I rang Playboy TV, I explained the whole situation and they have given me 2 choice:

I either pay or my nephew.

 

 

I found this very rude and I explained that in some way I took responsibility and accepted charges for the rest of the months

, but they are way naughtier than my nephew and want all the money in their pockets.

 

 

I asked them where abouts in the terms and conditions does it mentions these kind of situation

and asked them why was so difficult to find a way to contact them, otherwise

I would probably have never ring my bank to claim to stop the charges.

 

I don't know what to do and this is driving me mad. I need some advice from someone ASAP.

 

Regards,

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Hello and welcome to CAG. I'll move your thread to the general consumer forum and leave you a link to follow.

 

How did your nephew manage to set up an account with your card please? If you could tell us that, we can start to advise you.

 

The guys may have other questions later.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello and welcome to CAG. I'll move your thread to the general consumer forum and leave you a link to follow.

 

How did your nephew manage to set up an account with your card please? If you could tell us that, we can start to advise you.

 

The guys may have other questions later.

 

My best, HB

 

Thank you !

 

It was set on the SKY TV.

 

I normally remember all my passwords on my computer, and seems thay got access to Sky from here and managed to set the parental pin etc

 

A card that I normally leave for ordering food, was used to make the purchase.

 

Regards,

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I would be ignoring people now

wetcloths are NOT BAILIFFS

and have

NO LEGAL POWERS

stay off the phone too

they will say anything to fleece you.

 

 

dx


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You didn't enter into a contract with them so forget it.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You didn't enter into a contract with them so forget it.

 

 

And the fact a 12 year old cannot ever enter into a contract. This is all bluff and bluster. I suspect it will go nowhere however, have a check of your credit file to ensure they haven't placed anything on there.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Why don't you just keep the subscription for your own enjoyment?

 

Ooops! Did I write this down??? 😋

I'm terribly sorry, sometimes my fingers are faster than my brain...

Oh, no! I've done it again! 😋

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Or tell the nephews parents ?, and they'd pay or take it out his pocket money, a harsh lesson for him..but an important one. I wouldnt of dreamt of using my parents credit cards.

 

Personally i would of just paid the amount and enjoyed the channel for a while and avoid any hassle/embarassment.

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