Jump to content


  • Tweets

  • Posts

    • A key member of the US central bank, Raphael Bostic, tells the BBC rates might only ease "at the end of 2024".View the full article
    • A key member of the US central bank, Raphael Bostic, tells the BBC rates might only ease "at the end of 2024".View the full article
    • OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
    • Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.
  • 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

TFL [Freedom Pass] multiple useage - Bye-Law 17 (1) - Out of court settlement


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2719 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

Same answer as previously: admit those you are guilty of.

Deny those you are not guilty of.

 

If they decide not to go to court after considering the ones you admit

: they can't prosecute you for them afterwards if they accepted they were taken into consideration.

 

If it goes to court : they can't prosecute you for them afterwards

if they accepted they were taken into consideration by the court.

 

Any not admitted by you the TOC will either accept weren't travel by you,

or may prosecute for (even after the rest of this episode is settled),

if they believe (and can show to the court's satisfaction) that it was you travelling.

Link to post
Share on other sites

There is an academic difference between TfL's 17(1) and the national railways byelaw's 17(1).

Both state that "No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket."

 

http://content.tfl.gov.uk/railway-byelaws.pdf

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/4202/railway-byelaws.pdf

 

TfL's Byelaw 23 relates to punishment, as does railways Byelaw 24.

For National railways a Byelaw 17 prosecution can't attract a level 3 fine, but can under TfL's Byelaw.

 

Mind you, if they can demonstrate intent to avoid a fare, both can be prosecuted under s5(3) of the Regulation of Railways Act 1889, which also carries a level 3 fine (or prison, but prison is only an option for a second or subsequent offence).

 

Both Byelaw 17 and RORA s5(3) offences carry (if it goes to court and is found guilty or on guilty plea) a criminal record for eDBS, visa and immigration purposes, or employment where the employment is exempt from the provisions of the Rhabilitation of offenders legislation.

 

The Byelaw offence may not show (as it is "non-recordable") on a DBS or standard disclosure, though.

Link to post
Share on other sites

no you've not been to court and been convicted yet.

 

 

if you follow post 15 there will be no lasting record

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... 

Link to post
Share on other sites

no you've not been to court and been convicted yet.

 

if you follow post 15 there will be no lasting record

 

Agreed : if they accept an administrative settlement / "settle out of court".

This is rare for multiple deliberate Freedom Pass abuse, though.

Link to post
Share on other sites

yes its a rare

but that other thread shows it does happen

theres another one somewhere here

but I cant immediately find it.

 

 

to the op

over what time span are these uses that you admit too?

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... 

Link to post
Share on other sites

8 to 9 and 17 to 18:30 (the same stations)

 

the rest : 5:20 to 7:30 and 19:20 to 20:30.

 

I think by "time spam" you were being asked about was more "between which dates" rather than "between which hours"

Link to post
Share on other sites

yep

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... 

Link to post
Share on other sites

Is it possible to send back the form to the court and negotiate an administrative settlement?

 

 

Will it be late for an administrative settlement if I send the form back with pleading guilty?

Link to post
Share on other sites

I don't think it will, Lilliya.

 

My understanding as I said earlier, is that even when a court case is pending, you can continue to negotiate, probably by phone.

 

Even on the day of the court case, people have met the prosecutor and agreed an administrative settlement before the case begins.

 

HB

Edited by honeybee13
Addtion.

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

get the form off

and get pleading to them

we've know cases be settled an hour before the case schedule.

 

 

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... 

Link to post
Share on other sites

Is this the same "getting caught" as you described in the previous thread, where you describe being able to settle out of court?

(If so, why are you posting again?)

 

If this is a new episode : if you "got off light" before - why would you expect them not to prosecute this time?

 

The previous thread said "caught" November 2015, letter from TfL December 2015, and settled in May.

Now you are saying caught in May 2016.

 

So it seems you are confused about the dates, or are on a wind-up, or after getting off light once, decided to abuse a Freedom pass again.

Which is it?

 

Hello BazzaS,

 

This thread (posted in August 2016) was not written by the same person.

I am Liliya = 1st Liliya = caught in November 2015

 

However, Lilliya = 2nd person with double "L" is another person imitating my username.

 

I really thought Consumer Group changed the title of my thread at the beginning.

 

It has nothing to do with me, it is neither the same account nor the same person .... And it is my first case!!!

 

Hi Lilliya,

 

I am sorry, you are confusing people here.

See people are writing more threads not concerning your topic.

 

Why are you imitating my username?

 

I am sure you did it intentionally.

Link to post
Share on other sites

 

 

 

Hi Lilliya,

 

I am sorry, you are confusing people here.

See people are writing more threads not concerning your topic.

 

Hi Liliya,

 

I am sorry too that you get involved because of our usernames!

 

Why are you imitating my username?

I am sure you did it intentionally.

 

Why would I do that? are you the only one who is called/uses Liliya?

I am sorry to tell you that, but I have no time to loose for imitating people usernames/names!!!

Link to post
Share on other sites

dx100uk, honeybee13, BazzaS ... Thank you so much for your help I really appreciate it!

 

I have read that asking for an out of court settlement in a direct way is considered as a serious offence .

.. I have no idea how can I ask or convince TFL for an administrative solution ...

 

Do you have an advice in how writing the letter/email TFL in order to convince them for an administrative settlement?

 

 

What is the best way to convince them?

Link to post
Share on other sites

its all it the other Liliya, thread

 

 

 

 

not sure where you are reading

have read that asking for an out of court settlement in a direct way is considered as a serious offence .

but that is pure bunkum

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... 

Link to post
Share on other sites

dx100uk, honeybee13, BazzaS ... Thank you so much for your help I really appreciate it!

 

I have read that asking for an out of court settlement in a direct way is considered as a serious offence ... I have no idea how can I ask or convince TFL for an administrative solution ...

Do you have an advice in how writing the letter/email TFL in order to convince them for an administrative settlement? What is the best way to convince them?

 

There is no guaranteed way to convince them.

 

Freedom Pass abuse is usually prosecuted.

 

Posters seem to want "the magic bullet" letter that guarantees them an administrative settlement, but any "template letter" is likely to be counterproductive. This is because TfL will have seen any "template letter" many times, and it wouldn't be persuasive.

 

So, it needs to be your letter, in your words, tailored to your situation.

What posters can do is set out a framework, and some "do's and dont's"!

 

Do apologise.

Do accept your guilt.

Do highlight that you won't travel ticketless in future

Do stress if a prosecution would adversely affect you more than others, and explain the circumstances why.

Do offer to pay any fares owing, and their administrative costs.

Do highlight if you were truthful and cooperative to their staff.

Highlight any mitigation.

 

Don't blame the staff who dealt with you.

If you are giving any mitigation : don't phrase it in such a way as it looks like you are trying to excuse your behaviour.

Don't lie : if you get caught in a lie, it is almost inevitable they will prosecute.

 

Specifically for your situation : since they have highlighted 68 possible TIC's. Stress you want to be honest, and admit to your wrongdoing:

Highlight the journeys that you admit to (1)

Highlight the journeys you can't be sure about, but think were probably you, and that you'll admit to if they are willing to TIC them, so that you know you haven't left any out (2)

Highlight the ones that weren't you (not in 1) or 2) ) : stress that you want to be open and honest and know that you could have just said "OK, those were me too", but that you realise you did wrong and don't want to compound that by being less than truthful now......

 

At least you can make a start on the letter, and other posters may want to contribute other advice / "Do's and Don'ts".

Link to post
Share on other sites

its all it the other Liliya, thread

 

not sure where you are reading

have read that asking for an out of court settlement in a direct way is considered as a serious offence .

but that is pure bunkum

 

I agree.

 

 

You want to ask clearly for an administrative settlement.

 

If you "beat around the bush" they may not know what you are asking for.

 

However, you do want to ask (not demand!), and you want to give them reasons why they should consider it (see previous reply).

 

One other factor that may be useful if it applies : are you under 18?

Link to post
Share on other sites

  • 2 months later...

and what happened?

 

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...