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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi all, today i received a court summons and would greatly appreciate some advice/help from some one with similar experience or knowledge. I am 19, i was 18 at the time.

 

I have just received a magistrates summon, stating that i was questioned at Guildford and failed to show a valid ticket. in the statement written by the ticket officer its references that i had appropriate change, (so intent to pay) and that my reasoning was due to the ticket machine not taking my change.

 

I received several documents but am a bit lost on what is my best option, I personally think that pleading guilty would be the best options.

 

However i am unsure if being present at court would benefit me? Or whether i should sign guilty and provide a cover letter?

 

I'm also would like to know what kind of result this will have eg criminal record, as well as general thoughts on the matter.

 

any help would be greatly appreciated.

Edited by Notme61
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Hello and welcome to CAG.

 

Are you talking about South West trains? If so, I'll move you from the local authority parking forum to the public transport one.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi all, today i received a court summons and would greatly appreciate some advice/help from some one with similar experience or knowledge. I am 19, i was 18 at the time.

 

I have just received a magistrates summon, stating that i was questioned at Guildford and failed to show a valid ticket. in the statement written by the ticket officer its references that i had appropriate change, (so intent to pay) and that my reasoning was due to the ticket machine not taking my change.

 

I received several documents but am a bit lost on what is my best option, I personally think that pleading guilty would be the best options.

 

However i am unsure if being present at court would benefit me? Or whether i should sign guilty and provide a cover letter?

 

I'm also would like to know what kind of result this will have eg criminal record, as well as general thoughts on the matter.

 

any help would be greatly appreciated.

 

Intent is relevant if you had been summonsed under some of the parts of S5 of the Regulation of Railways Act 1889.

 

However, Bylaw 18 is a "strict liability offence". You might have been (or still might be?) able to use lack of intent to avoid your fare to persuade them not to prosecute, but if it does go to court lack of intent won't stop you being convicted but might be mitigation (to reduce the punishment).

 

 

18 (1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.

 

The defences are:

(I) There were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or

(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a valid ticket.

 

 

The court will consider:

did you enter a train for the purpose of travelling on the railway?

If so, did you have with you a valid ticket entitling you to travel?

If not, do any of the specific defences apply?

If not they MUST find you guilty, regardless of if you intended to avoid your fare.

If this is the case you should try to avoid court by seeking an administrative settlement.

 

Can you tell us more about what happened (including when you were stopped), if the TOC wrote to you, and any reply you gave.

 

"Guilty" under 18(1) (by plea or conviction in court) usually creates a "non-recordable" conviction.

You can't go to prison (only get fined), and it generally won't show on a basic or standard Disclosure, but will show an enhanced Disclosure.

 

Are you likely to need an eDBS / apply for jobs exempt from the provisions of the Rehabilitation of Offenders legislation?

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Thank that clears up quite a bit, I don't plan to go into a job that requires an advance eDBS check such as teaching.

 

From what went down it was defiantly my fault i was being careless, The machine was spitting my coins out so decided not to get a ticket (stupid reason i know), not thinking about the ticket office as i always use the machines.

 

I got caught at a change over station. The ticket officer took my details and in the documents there is a written statement, It explains that I had money in change and that i explained that the machines where rejecting my change, its turns out one of them was faulty. However i still think that its best just to plead guilty as there was a open ticket office.

 

I'm happy to pay a fine to just get this over with, and write a plea of guilt letter apologizing.

 

Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with. Just to clarify on the first page is says "Having contravened Bye Law No.18(1)"

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Thank that clears up quite a bit, I don't plan to go into a job that requires an advance eDBS check such as teaching.

 

From what went down it was defiantly my fault i was being careless, The machine was spitting my coins out so decided not to get a ticket (stupid reason i know), not thinking about the ticket office as i always use the machines.

 

I got caught at a change over station. The ticket officer took my details and in the documents there is a written statement, It explains that I had money in change and that i explained that the machines where rejecting my change, its turns out one of them was faulty. However i still think that its best just to plead guilty as there was a open ticket office.

 

I'm happy to pay a fine to just get this over with, and write a plea of guilt letter apologizing.

 

Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with. Just to clarify on the first page is says "Having contravened Bye Law No.18(1)"

 

Did the TOC write to you?

Did you try for an administrative settlement??

 

"Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with"

 

What do you mean by "a permanent record"?

 

As a "non-recordable" conviction it wouldn't show on a basic check or standardDBS, and as the most severe penalty possible is a fine the "worst case scenario" for how long it would be before the conviction is "spent" is 1 year.

 

However, "guilty" (by plea or conviction) would always (so, even after a year) show on an eDBS / be required to be declared on a job application if the application form notes the post is one exempt from the Rehabilitation of Offenders legislation, as for the purposes of these convictions never become "spent".

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I personally think that pleading guilty would be the best options.

 

 

 

I agree, because your intention at the time is irrelevant .

 

If, as you have been, you are charged with a strict liability offence, all the prosecutor has to show is that you were there and did the thing that you are accused of.

 

If you send a written guilty plea and a statement of income & outgoings (that's the MC100 which is one of the forms you have received) then the Court can only take into account what you have provided for their information.

 

If you attend and show remorse, apologise and make yourself available to the Magistrates to answer any query that they might have, then they may, I stress MAY, be a little more lenient when imposing the financial penalty of any fine & costs awards. Attending will also give you a final opportunity to speak with the prosecutor outside the Court to see if an alternative disposal might be achieved

 

If you are not there they will normally deal with you in accordance with sentencing guidelines.

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I'd certainly contact SWT's Prosecutions Department and offer to meet their reasonable costs in order to remain out of court, if you're in a position to. From experience, SWT are very lenient with first time offenders. This leads me on to my next question; I find it strange that you have even got a court summons to be honest. Did SWT not write to you in the first instance asking you to explain your actions etc? Usually they'll do so and only if you give an unsatisfactory answer or not responded in the given timeframe, will they progress to court. Given the charge here, you seem quite genuine.

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