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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
synapsedynamics

Single Justice Procedure Notice - RCI's statement has incorrect dates - Evidence inadmissible in court?

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Hi,

 

TL;DR version of events:

 

I received a SJPN. I believe I technically am guilty of the charge, but had ignorantly committed the offence out of sheer financial desperation, having had no money and just started a new job. I'm desperate to avoid a criminal conviction. I contacted TfL's IAP to apologise, explained my circumstances, and I provided proof for everything possible and asked to settle this out of court, and that I'm happy to pay the necessary fine. Today they finally responded - with a very generic response to say they wish to proceed with the case...

However, the Revenue Control Inspector's statement is factually incorrect, has the date incorrect. The date provided is a date on which I can prove I had a valid ticket.

 

Do I stand a chance at fighting this as 'Not guilty' in court, on the basis that their evidence is incorrect?

 

Complete story:

 

On Thursday 26th July 2018 - I was caught using my mum's 60+ freedom pass by a Revenue Control Inspector on my way to work. I had just started a new job 10 days before, on the 16th July. I had used the card between 18th-26th July (until I was caught) for my commute to and from work.

 

I could not afford a monthly travel card at the time I had been caught as I had been unemployed for past 8 months; maxed out two credit cards, and had been borrowing money from my family to afford rent and food already. I only intended on using the freedom pass until I received my first partial paycheque at the end of the month.

 

I'm not denying - it was a stupid idea, and I obviously hugely regret having used a card I had no right to use. I'm not typically a dishonest person, and this was my first and only offence.

 

5 months later, just after christmas, I received a Single Justice Procedure Notice, charging me for not having a valid ticket in a compulsory ticket area; 'Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26, schedule 11 of the Greater London Authority Act 1999.'

 

Understanding I was guilty of the offence, despite it having been committed out of sheer desperation. I'm also desperate to try and avoid a criminal conviction as I’m currently unemployed, and in search of a job again, and wish to avoid anything that might damage my chances of re-employment.

 

So I emailed TfL's IAP email address, explaining my financial circumstances, expressing that this was my first and only offence, apologising and pleading for any way for this matter to be settled without landing me a criminal record for it would really damage my chances of getting employed again- supplying bank statements, credit card statements, providing anything and everything to support the facts I had stated.

...

Today, I finally received a totally generic sounding email response from one of the prosecutors at the IAP department:

 

“On the 27th July 2018 you were approached at ***** ***** station after using a pass to enter that activated the monitors. You produced a 60+ Oyster card that you admitted belonged to your mother. These passes are not transferable and therefore was not valid for you to use…”

 

“…Transport for London intend to continue with the matter listed against you and I would advise you to complete the paperwork and return within the required timescales”

I noticed that in their email response they have the date of the incident incorrect, (She said 27th July 2018 instead of 26th July 2018. On the 26th I was caught and cautioned, on the 27th, I actually paid for my fare and can prove it)

 

Furthermore, the Revenue Control Inspector's statement says the incident happened on the 27th instead of the 26th. It's only on the second page of the SJPN under the "Statement of facts" that they have the date correctly stated as the 26th July.

Do I stand any chance in fighting this case as 'not guilty' in court, on the basis that the statement given by the Revenue Control Inspector is factually incorrect, and if they were to pull CCTV from the 27th - they'd find that I'd actually used a valid ticket on that date?

 

Any help or suggestions would be massively appreciated. I have 5 days to respond to the SJPN letter

 

Many thanks!

Edited by synapsedynamics

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no I suspect you don't.

plead guilty and attend

they will have evidence of +10 is it? fraudulent uses of the card, a simple typo will not I feel cut the mustard

.

as you have , by the sound of it, supplied everything bar the kitchen sink, you need to reply, but use the examples already here on CAG.

keep it VERY BRIEF , to the point and rub in the future employment issues should a criminal record, that holds for 1yrs be given. [max 1 page spreadout!]

 

you can settle even in the court on the day. find the prosecutor and beg...as you should in your letter.

even ring and make a pest of yourself.

 

if you look here there are several cases far worse than you that got OOC settlements.

 

dx

 

 

there are numerous


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Buddy, good luck. If you find a number to call to speak to someone who can help in this case. Please put the number here as I am in a similar situation.

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better to keep to your own thread ammar

see the attachment in post 22 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?490442-Caught-using-father-s-freedom-pass(1-Viewing)-nbsp


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

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Thank you dx. Sorry about the post here.

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thanks for this DX.

 

I called them over the course of the week, re-iterating what I had originally said in my first email, saying it was a foolish thing to have done, I acted out of sheer stupidity and financial desperation, and begged for their discretion to have this matter resolved without damaging my chances of future employment.

 

However they said on the phone every time that they "do not do out of court settlements”??? This offence is dealt with “Strict Liability”, and that apparently there is absolutely nothing I can say that will change their mind - and was also told they are “95% sure this case will result in a criminal conviction for having abused a high value freedom pass which I was not entitled to use" but that ultimately it's up to the magistrate to decide upon based off what I submit as my mitigating facts.

 

Having been told this, it’s left me a bit on the fence with which option to proceed with - I have until tomorrow to submit my decision online via the Online Plea webpage.

 

a) whether to just submit my guilty plea + not attend court, and pay the reduced fine, and bite the bullet knowing I will have a criminal record - but avoiding having a looming cloud of uncertainty with how the matter will pan out in court. As ultimately I just want to put this behind me as soon as possible.

 

b) whether to plead guilty and attend court and attempt to argue my case. Given that I suffer from depression and anxiety - I can’t picture myself handling a stressful situation like being in court and trying to represent myself particularly well), on top of the lack of money to afford legal representation.

 

The questions I also have are:

 

-How quickly would they typically decide on a court date?

 

-How would I track down the prosecutor for my case, should I choose to attend court?

 

-From the eyes of an employer, how much might this sort of conviction impact my employability?

 

-Also, does anyone know whether as an EU citizen who has lived here since I was 2 years old, when I have the opportunity to apply for Indefinite Leave to Remain come Brexit in March, could this sort of thing affect my chances?

 

Many thanks!

Edited by dx100uk
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I'm no expert, but can reply regarding b).

 

You don't need to pay for legal representation, you can represent yourself.

 

What will happen is that you will be asked to plead, you'll say guilty, you'll be asked if you want to say anything, and then you can say whatever you want to the court freely without anyone interrupting you. It's not a pleasant situation to be in, but it's not the end of the world either.

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Answered most in post 2 already

Dont waste money on sols

Wont change anything

You dont know

They dont know..the outcome

 

Its only on your file for 1 yrs even if you get convicted.

 

Whatever you do

Do not waffle to the judge


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

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