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    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
    • I can ask the secretary. The mechanic does not wish to talk outside discussing work to be done.
    • i've been thinking this for a while regarding simon and these money making schemes that are not enforceable that he conned loads of seaports and airports to sign up to across the land whereby they already have byelaws covering the activity of motor vehicles upon their lands enforceable by a magistrate.   i think its about time we upped the anti another notch and we begin to stop referring to his signs as 'signs', but now use the term of 'advertising posters' and link that to dropping in the term 'after 10mins the driver by default is automictically enrolled in the moneymaking scheme'   these schemes are akin too... say a free sample of a face cream popup on facebook whereby one accepts the free gift, only to find that if you don't cancel within 30days you've automictically signed up at an extortionate rate, to receive a jar of the cream every month for a year.   just musing.   • The signage is prohibitive in nature and not a genuine offer of terms for parking for the motorist to consider. 
    • I think that it would be helpful if you could get that point confirmed in writing from the mechanic. You will need to get a document which identifies the poor fitting of the turbo and the effect it has had on things like the gasket. Are you able to do that tomorrow?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

TFL misuse Freedom Pass == more than once - ** SETTLED BEFORE COURT **


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Hello again,

 

Thank you very much dx100uk and honeybee13. Really appreciate it.

OK, I am convinced now. I have to call them I think.

 

Thank you again dx100uk. I didn't understand well the phrase "As it currently stands"

I thought that now TFL don't like to accept an offer but they might accept it in the future after reviewing my case.

However, I find these meaning when googling it:

"as it stands" encompasses a physical/cultural/business state which is typically expected to require proactive input

to change.

"As it stands" means "if things continue the way they are now", or "if things don't change from the way they are now".

 

So the meaning of TFL is:

" If you keep your first version that you used the Pass just once, TFL do not wish to accept your offer of a payment as a closure to the matter."

 

I am sorry for wasting your time, I am not very fluent in English.

 

 

bingo!

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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When negotiating via phone, how to confirm that via email please.

I just have a generic email from TFL on the letter and not the person who deals with my case?

Thank you

 

I imagine your letter has a name at the bottom of it? When you speak to that person, ask them what their email address is and if they don't say they'll email you to confirm the conversation, send them a summary of the conversation and what was agreed. If they don't give you an email address, send your message to the general one and mark it for this person's attention.

 

HB

Illegitimi non carborundum

 

 

 

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I imagine your letter has a name at the bottom of it? When you speak to that person, ask them what their email address is and if they don't say they'll email you to confirm the conversation, send them a summary of the conversation and what was agreed. If they don't give you an email address, send your message to the general one and mark it for this person's attention.

 

HB

 

Ok, thank you so much honeybee13.

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Hello there.

 

How are you getting on? Did you manage to speak to TfL?

 

HB

 

Hello,

Yes just today morning for less than 10 min.

I preferred to take few days to calm down.

 

I rectified my mistake that I used the Pass on multiple occasions and did apology.

 

TFL person said they didn't study the case yet (I mean with supported documents)

and they can not deal it via phone.

 

I said that I didn't know before about the TFL legal proceedings (Criminal record, go to court and get convicted...),

 

But TFL didn't ask how many time? or any thing else about the multiple times I used the card nor HOW/WHEN/WHERE....

 

Just to write to them and I will get a response after Christmas.

 

So I didn't negotiate and forget to suggest ""the offer to pay the costs to settle out of court""

 

Also I completely forget to ask TFL for our phone confirmation via email.

 

I was a little bit stressed.

 

I just send to the generic email (For this person's attention xxx) as you told me honeybee13.

 

So now, can I just said I used multiple occasions.

That is it and wait. no more explanation.

 

Or mention roughly how many weeks or how many days per week?

 

Plus of course I will apology + write the mitigation circumstances again briefly.

 

Thank you

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Hello everybody,

 

I just want to update that I send TFL another letter today.

I admit my multiple uses and how many times I used the Pass approximately.

 

I didn't repeat the same letter, just added what is convenient to my case,

apology again + ask to settle out of court + offer the cost

 

Yesterday when I contacted TFL from the prosecution department, they were nice.

I said I wanted to rectify a mistake (I mean the first version of lying :) )

 

They just took a note I used the pass on multiple occasions.

..said they have noticed that as well, the pattern showed that.

..but TFL did not ask me any more clarification.

 

TFL said they didn't study the case yet...and at this stage they don't prosecute me.

 

and if I want to update it should be via a letter. That is it.

 

So now I am feeling better...just I am waiting for the outcome.

Edited by Liliya
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I am wondering if you are using the correct word

convenient

 

 

I don't think that's what you mean.

 

 

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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I am wondering if you are using the correct word

convenient

 

 

I don't think that's what you mean.

 

 

dx

 

Yes,

I mean relevant...match better as adjective, no??

I'm improving my English skills in this forum...so helpful

 

Thank you

Edited by Liliya
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  • 2 months later...

how did this pan out at the end of the day?

 

 

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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  • 3 weeks later...

Hi everybody,

 

I went abroad for a couple of months, I am back now but I didn't receive any letter from TFL.

 

Shall I contact them please to ask the progress of my case or shall I just wait? It has been now around 3 months from my last letter delivered to them.

 

I don't know as well if something arrived in my absence and then it was lost...

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it would not hurt to ring

 

 

tdx

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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  • 1 month later...
They have a very strong case against you.

It will take more than a telephone call and an email to convince them to settle out of court Imo.

Worth trying till doomsday

 

Yes, your opinion is very true.

Have you experienced a similar case by yourself?

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Hi everybody,

 

I went abroad for a couple of months, I am back now but I didn't receive any letter from TFL.

 

Shall I contact them please to ask the progress of my case or shall I just wait? It has been now around 3 months from my last letter delivered to them.

 

I don't know as well if something arrived in my absence and then it was lost...

 

it would not hurt to ring

 

 

tdx

 

I phoned them,

asked for an update but they already sent me a court summons with allegation: ''intent to avoid a fare contrary to Section 5.3.a of the Regulation of Railways Act (1889)".

I didn't receive it, maybe the landlord took all not collected letters...or someone else took it.

 

TFL resent me a copy again.

But I have a new hearing date approaching, as the first one was adjourned (I was absent at court and didn't reply via post)

I am very worried as I don't know what to do next. Please help.

 

Is it automatically to get a new hearing date if we don't reply and don't attend in person?

 

I appreciate your advice.

Thank you

Edited by Liliya
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Hello again.

 

Is this a magistrates' court please and are you planning to attend?

 

HB

 

 

Hello again,

 

Yes it is a magistrates court, I am not sure about attending...

I think I must seek a lawyer

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If you don't attend, then they will reach their conclusions without you, or based on what you submit by letter. I understand from previous threads that makes it more likely that you will be found guilty, as the mags can't see that you're contrite about using the card.

 

If you want a lawyer, try speaking to criminal lawyers near the court where the case is. If you ring them, you can find out whether they have experience of rail fare cases and if you think you can work with them. They should be happy to talk to you before you decide whether to use them or not.

 

HB

Illegitimi non carborundum

 

 

 

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I phoned them,

asked for an update but they already sent me a court summons with allegation: ''intent to avoid a fare contrary to Section 5.3.a of the Regulation of Railways Act (1889)".

I didn't receive it, maybe the landlord took all not collected letters...or someone else took it.

 

TFL resent me a copy again.

But I have a new hearing date approaching, as the first one was adjourned (I was absent at court and didn't reply via post)

I am very worried as I don't know what to do next. Please help.

 

Is it automatically to get a new hearing date if we don't reply and don't attend in person?

 

I appreciate your advice.

Thank you

The case will usually be heard in your absence, unless you are specifically required to attend for any reason. It's unusual to have an adjournment if you fail to reply to a summons, as you're not usually required to attend court.

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Yes, your opinion is very true.

Have you experienced a similar case by yourself?

 

Fortunately not, but trying all available avenues might get you a settlement out of court.

 

This seems to be the common thought across this and other forums.

Get writing...

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  • 2 weeks later...

Hello everyone!

 

I would like to thank everyone who helps me in this forum concerning TFL fare evasion and how to get a settlement out of court.

I really appreciate it.

I got finally an offer to settle out of court, however with heavy cost to pay...

 

Before starting my story, I want to say that I was just a little bit lucky to get a 2nd hearing date.

I don't know whether the court got all my evidence from TFL with mitigating circumstances, or they just decided to adjourn the first one...I don't know...Anyway it was in my favour to get some more time to approach TFL prosecutor department for settlement.

 

------------------------------------------

So after I got the 2nd hearing date,

I managed to phone the person dealing with my case, however it seems that TFL prosecution department are so busy prosecuting offenders...

Then I felt they didn't review my case well with supporting documents, and it was my fault I didn't contact TFL for an update of my case for a couple of months!! (in fact I was abroad).

 

I tried to convince TFL that a Criminal Record would have a bad effect in my future career prospects and settling here in the UK, I explained my circumstances and briefly the reasons why that did happen and I was about to cry... TFL prosecutor was not very convinced that I met the conditions of settlement out of court and told me I had an aggravating case and when I apologised in the beginning and I said I was very sorry, the prosecutor told me to say sorry at court (well I had to be very respectful as it was up to them to offer a settlement -- and they had strong evidence against me).

I aslo asked if they took into account my mitigating circumstances (it seems not and I think they have loads of cases for prosecutions unfortunately !!).

Then the TFL prosecutor told me to give them a call the following week...

 

As the hearing date was approaching, I was so scared. I phoned them, I was trembling and my voice was shaking...I was so nervous about my actions and what was written against me in the Summons.

I apologised, promised to never repeat again and asked if a settlement could be considered in my case, I could not concentrate well to reason with them and even I tried to have a deep breathing to talk normally but my voice kept shaking.

I did not even negotiate the offer to pay for settlement (in fact, I knew I couldn't afford to pay a big offer ...so I left to them to calculate).. I just agreed to pay whatever TFL thinks it is reasonable as a result of my actions.

 

They asked for a written response, but as I already sent them and my hearing date was approaching I got the email for the concerned person and emailed all the PROOF to settle out of court.

 

Then after few days I got an approval but with heavy sum to pay as an alternative and it must be paid one-off before the hearing date.

 

I was so relieved and shocked in the same time.

However, I didn't call to negotiate the reasons why it was so high...they already instructed a solicitor against me and the progressing time was not in my favour.

 

I just want to say that unfortunately I learned my lesson the very hard way...it was all my fault to not be aware of the legal proceedings for fare evasion using a freedom pass for another holder.

 

I am very grateful to this forum to help me for my case and how to proceed further, also I am grateful to TFL people to withdraw my case.

 

I personally prefer to pay that heavy sum to TFL than to instruct a legal lawyer in my favour..The total cost might be more.

Well, it was a bad experience for me, but I will be very careful in the future.

 

Thank you so much, I appreciate your help!!

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hey well done

 

 

dx

 

 

 

 

 

 

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Please help.

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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