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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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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

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I purchased fake Oyster card I have emailed soo much tfl seem to continue with the prosecution should I plead guilty and appear in court or plead guilty and let court settle 

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Hello and welcome to CAG.

What is the wording of the court document, what are you accused of please? The best thing is to copy the charges as they are on the letter you have.

Best, HB

Illegitimi non carborundum

 

 

 

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For using fake 16+ oyster  card i have a court summon on Wednesday I am confuse if I should plead guilty by post or go in person 

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you must always plead guilty in advance by post and always attend to show remorse.

else you run the risk of far greater monetary sums.

plus you might be able to settle OOC to the prosecutor on the day to avoid a 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... 

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17 hours ago, dx100uk said:

you must always plead guilty in advance by post and always attend to show remorse.

else you run the risk of far greater monetary sums.

plus you might be able to settle OOC to the prosecutor on the day to avoid a record

 

So I tried to email the court to reschedule the date so I can get a lawyer to plead with  tfl is that a good idea 

17 hours ago, dx100uk said:

 

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waste of money a lawyer, 

whens the case?

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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4 minutes ago, Vgc said:

6th March 

But I get a criminal record if i plead guilty 

A guilty plea will get you a criminal record - as would being found guilty at trial.

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6 minutes ago, Vgc said:

6th March 

But I get a criminal record if i plead guilty 

Not necessarily.

Have you not read the fake card threads here? Sev have resulted in no record

What pleading letter did you send? To tfl

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 did send a pleading letter + mitigation but they rejected both as they said people that want to work in finance must be of good character and I didn’t potray that 

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would it be at all possible to scan the rejections to your pleadings please AND the court case letter 

read upload PDF ONLY PLEASE

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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so what reason did you give for purchasing the known fake card?

why did you do it?

if I were to be frank here , it you KNOWINGLY and PURPOSEFULLY got it to evade paying your full fare then up creek the with no paddle are you, 

pleading guilty and attending in person begging for leniency is the only way you'll ever stand a chance of not getting a criminal 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... 

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But every one gets the criminal record no matter if u go or not 

I asked for the court to reschedule so I can plead with tfl 

because the punishment is too much 

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A criminal record is only if convicted - either by pleading guilty or by being found guilty at trial.

They will have sent a charge notice with the postal requisition - what exactly is the charge laid out in that ? The fine for fare evasion is up to £1000 - they could probably have hit you with a Fraud charge, which is far more serious and can involve jail time.

The court will not re-schedule a hearing to give you longer to discuss the matter unless there is some procedural or technical reason why the hearing cannot take place as planned - the court are under a duty to progress cases as effectively as possible.

 

If you plead guilty then, as a summary case, the Magistrates can deal with it there and then (There's no need for probation reports etc).  If you please not guilty then a trial would need to be scheduled.

 

Keep in mind that the costs of going to trial will be higher than pleading guilty on the first occasion as TfL will likely have to instruct a solicitor/counsel to represent them and they will seek to recover costs.  You also lose the 1/3rd reduction for not pleading guilty at the first instance.

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Have the solicitors advise you of the likely outcome ? They should be aware of the local courts and what they are generally handing out by way of a penalty.

You're very lucky they haven't gone for one of the more serious offences but in the case of fare evasion the guidelines for sentencing cover from a conditional discharge (i.e we don't want to see you here again and stay out of trouble) to a low level community order.  The law allows up to 3 month imprisonment but the magistrates would be well outside their guideline figures to get anywhere near imprisonment.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/railway-fare-evasion-revised-2017/

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I've removed the name of the law firm, please don't post the name. Fwiw, the main view here is that lawyers clock up bills without necessarily helping and you end up paying for their learning curve.

HB

 

Illegitimi non carborundum

 

 

 

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1 minute ago, Vgc said:

So you think I should take solicitors out of this and plead guilty 

the soliton said I have less chance  

It is a decision only you can make.

Personally I can't see you have much of a defence and so a guilty plea and then a plea in mitigation may be the best way to the lowest penalty but you need to way up the options, sensibly, and make your decision.

Edited by ss002d6252
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already answered all  this is post 16

can you answer the questions there please

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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  • dx100uk changed the title to TfL court summon for using fake 16+ pass
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