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    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
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dcahater76

Lowell Chasing Recent 02 Account

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

 

Thanks

 

Andrew

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Yes under what ofcom have stated

 

Pers i'd not bother with letter tennis unless you get a letter of claim

Stop making powerless dca feel important


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Hi Dx,

 

Im currently sitting on this I got there pre legal letter the other day.

Im not particularly worried about it.

 

If it turns out they are trying to collect the right amount i will offer them 75% F&F just to get rid of it.

My way of thinking is if I complain to them it might just buy me a little time before they proceed to court as I have no way of countering this if they do.

 

The account was defaulted in April and quickly sold on to lowlifes.

No SB defence applicable.

i have complained about the amount and asked for a breakdown on how they arrived at the figure they allege i owe.

In theory they will have to go back to 02 for this so might just give me a bit of breathing space for a couple of weeks to get the finances together to get this paid off as I dont want a CCJ at this point.

 

Curiously though this isn't showing up on Noddle or Clearscore

Edited by dx100uk
spacing

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dont offer them 75% of it. Theyve very likely paid the oC 10% of the total debt. Why pay it when you dont have to. Especially if its got unlawful charges in it.

 

If you have their PaP pack, dont reply using it. Theres a link on this site with a pack y ou use to reply with.

 

And CCJ? CCJ is a LONG way off. If it ever even happens. Theres a bunch of stuff that happens before it goes to a CCJ. Even if they filed a claim tomorrow, it would likely be jan or feb before it goes to court. Possibly later.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi Renegadeimp,

 

What sort of percentage would you suggest. Im going down the line of paying F&F if necessary.

 

Thanks,

 

Andrew

Edited by dcahater76

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0% Youll ge tmore advice soon. You need to find out why the debt was sold, how much are charges etc.

 

Get a SAR going to O2


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks RenegadeImp.

 

Sar form downloaded from 02 will get it in the post tomorrow.

 

Thanks

 

Andrew

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yep offer nowt!!

and no more silly letter tennis!!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Hi DX,

 

Thats the general idea for now Im not certain I can beat this if and when it goes to court best Ive had so far is there pre legal assessment letter saying nothing much.

 

Thanks,

 

Andrew

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have read of a few relevant claimform threads

 

you'll soon get the idea

 

using our search CAG box of the top redtoolbar use:

 

Lowell claimform mobile

 

or claimform mobile

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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If theyre serious about going to court, youll get a PaP pack with a bunch of stuff to fill in. This gives at least 30 days before they issue a claim, and even then they might not. If you get one of those packs, come here, as they tend to change wording in it from what it should be.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

 

Andrew

 

Its actually clarified and stated in the Unfair Terms in Contracts for Communications and The Consumer Rights Act 2015

 

https://www.ofcom.org.uk/__data/asse...0/guidance.PDF

 

https://www.gov.uk/guidance/unfair-t...ses-full-guide

 

Andy


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Well got SAR running to O2 this morning so will wait to see what this says prior to doing anything else. Thanks everyone for your advice everyone.

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be aware they have a considerable amount of time to fulfil the SAR request, so the DCA may take action sooner. Its unlikely they will but it is lowell.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks RenegadeImp I sent off a complaint last night. They emailed back this morning stating account on hold for 4 weeks so hopefully should get SAR back in that timeframe if it turns out I have to pay this off then I should have the finances in place to sort this (got a Gibson Les Paul 67 for sale on eBay)

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Why would you entertain paying them anything? If lowell have it then theres something wrong with the debt. And even if they file a claim, it doesnt mean theyre going to win, plus you can go to mediation, and come to an arrangement to pay it off slow or at a low F&F. But all thats a fair way off yet.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I suspect that part of this amount is a handset charge (Samsung Galaxy A5 2017) which I have bank records to prove I paid for the phone when I took the contract if the SAR info states they are claiming for that then I can stop this stone dead the other could be airtime till the end of contract which again I can kill this. I'm just a believer in having a backup plan. Another point being I do not want to risk getting a ccj on my credit record.

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I wouldn't ever consider paying an supposed phone bill made of till EOC fees

It wont be the handset either


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX going to sit on this and see what happens I suspect the amount they are claiming can be countered effectively will know for certain with the SAR Return from O2 since I asked specifically for a breakdown of the amount they claim I owe.

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well I Have done a bit of digging around my credit files. I have checked Equifax, Experian and Callcredit and Neither Lowell or O2 show on any of the files? I find this a bit strange to say the least.

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Okay so got another pre legal letter from Lowell I’m not worried. I have reviewed my credit file from all providers and no mention of 02 or Lowell anywhere. Am I right in thinking this would prevent any court action?

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No...its irrelevant whether its showing on your CRAs or not.....perhaps they simply failed to register a default.


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