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    • Ok, thank you dx. I was struggling with that because I didn't want to state things they don't know. So if I change the line at the top of the second paragraph to say something like "My actions are inexcusable; I know that TFL are only able to operate if everyone pays their fare and I feel so guilty about attempting to breach public trust by using a freedom pass that's meant to help the most vulnerable in our society and that I had no right to use."   Do you think that's good enough? I'm really trying not to admit to multiple uses as they haven't brought it up, but I'm also not trying to suggest I've only used it once because that isn't true.   For the documents, do you think I shouldn't include them? Because on the letter I think it says something about giving evidence for my mitigating circumstances. I've also seen other threads where people don't include evidence and then TFL write them back saying they don't believe the person will lose their job/health/immigration etc. because of a conviction.    Thank you, I've taken out the ref to the inc docs at the end and the "I think". 
    • we dont usually see people inc documents.   you haven't directly mentioned use of the pass and what type, it might be better to include as that directly acknowledges that you know you did wrong. and their 'charge' against you which you should directly address.   without it your letter is a generic reply. and might not cut the mustard. also remove ref to inc docs at the end.   i'd also remove the 'i think...' A precsecution will etc etc.. 
    • andys defence did not mention counter claim anywhere.....   it said compensation - but you left the whole original para 4 in your defence?
    • Hi again guys, I've been thinking about the letter and have drafted it. I'd really appreciate it if you guys could let me know what you think. I've tried to express how remorseful I am (without saying sorry too many times that it becomes annoying), show mitigating circumstances and avoid admitting to multiple use/ use of a freedom pass because they didn't mention it in the letter.    To whom it may concern,   My TFL case number: XXXXXX   I firstly want to thank TFL for giving me the chance to explain my behaviour. I appreciate the seriousness and stupidity of what I have done and I deeply apologise for my actions. I hope to explain how a prosecution would leave myself and my baby in a very difficult situation.    My actions are inexcusable; I know that TFL are only able to operate if everyone pays their fare and I feel so guilty about attempting to breach public trust, I haven’t been able to sleep as a result. As a teacher, my job requires a high level of integrity and I have to get (enhanced) DBS checked annually. According to my terms of employment I’d be obligated to report if I’m being prosecuted and a conviction would result in me losing my job (please see document). I am currently pregnant and as the sole income earner in my house and a soon to be single mother, the loss of my job would financially devastate me and my child.    I have several long-term mental health conditions including anxiety, clinical depression and BPD (please see my attached medical record). I’ve suffered from panic attacks my whole life and whilst there is no excuse for my behaviour I’d like to explain that whilst being questioned by the Revenue Protection Officer, I suffered an acute panic attack and in a moment of panic and stupidity was dishonest with him during our conversation. My anxiety set in and out of fear I made a stupid decision to be dishonest. I’d like to sincerely apologise to the specific officer and TFL for that.    I have never been in trouble with the law in the past (please see my most recent DBS) and I ensure that I won’t be in the future. I have already bought a season pass for the London Underground (please see document ) which I have been using/will continue to use and I swear that I will never do this again. Ever since the incident (and especially since receiving the letter) my anxiety and panic disorders have been unbearable and my heart rate and blood pressure have been higher than normal as a result. I fear the heightened stress of being prosecuted, coupled with my existing mental health issues will negatively impact my health during my pregnancy.    Additionally, I am currently in the UK as an EU citizen, under the EU settlement scheme (please see document) and have recently applied for British citizenship (please see document). A criminal conviction would certainly be noted against me by the Home Office in the “good character” requirement for becoming a British citizen. Additionally, my current right to remain in the UK is dependent on me having a clean criminal record. I’m 21 years old and I’m just beginning my life; I’ve found a career that I love in primary school teaching, I'm hoping to become a British citizen and most importantly I’m going to become a mother. A criminal conviction would negatively impact every aspect of that and whilst I know that I have no one to blame but myself, I’m hoping you can show me some leniency in this matter.   I am happy to make immediate payment of all unpaid fares and any incurred costs that my actions have caused. Whilst I know what I did was wrong and I’d really like the opportunity to make amends, I think a prosecution/conviction would have an unfair and disproportionate impact on my health, my employment, my immigration status and on my child’s health/financial wellbeing. I hope that I’ve explained myself well and provided enough evidence, if you need anything further from me to help you reach your decision please let me know. Thank you again.    Yours Faithfully, My name   *The documents I'm going to send are; my employer's policy regarding criminality, the relevant parts of my medical record showing my mental illnesses, the train season ticket I've bought since then, my most recent work mandated eDBS, my immigration status and proof that I just recently applied to become a British citizen.
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Buchananclark and Wells


Marvellous76
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I need some advice and wonder if anyone has experienced similar correspondence.

 

I recieved a letter from Buchananclark and Wells on 19th December 06 asking for a payment of £60,49, they inform me that they are colllecting on behalf of their client Activ Kapital Assett Investment.

 

When i called a women at Buchananclark and Wells she advised me that it was for an old Barclays loan, i explained that i hadnt been with Barclays for 8 years and that i owed them nothing. She explained that this was irrelevent and they would be proceeding.

 

I called Barclays and they had no record of me owing them anything, i called back and explained this to the women and she said that Bracyas had sold the debt to her client who had sold it onto them.

 

I asked if i could have Activ Kapital Assett Investments number but she said they dont speak to them on the phone, i thought this seemed a bit odd. Anyway i said that i would go back to my parents house and try and dig out some doccumentation to prove that i didnt owe any money however as this was so long ago i don't think i still have it. I know for a fact that i owe nothing and this is some sort of attempt to get some money from me.

 

any advice?

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The first point if the debt is over 6 yrs and no contact has been made over this time then it is statute barred and is A"dead Debt".

 

Second point Buchanan C;ark & Wells are again committing a criminal offence under the DPA as they are not registered with the ICO as a Data Processor

Recommend you go to the threads on Buchanan Clark & Wells for mor inf

Sparkie 1723

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  • 1 month later...

Hi

 

They have since written back to tell me that they do not hold a credit agreement in their office and that my account has been closed.

 

So so dodgy. There are prob so many people that if in my situation just panic and pay. This is suppose if how they make their money.

 

Any idea of who i can report them to?

 

Thanks Marvin

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Just goes to show what you can do if you stand up to them, you wont have to worry about them any more, post what you have posted here on the Bailliffs and DCA forum it will come in usefull to others good work matey. Rock on power to the people.

sparkie 1723

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  • 1 year later...

Hi,

if a debt is over 6 years old and no contact re this specific debt has been made, is that still a 'dead debt'?

Having huge problems with BCW re council tax demands for a previous property from 1999 - 2001. Long story, however the council seem ok about dealing and investigating it ( have been told that they need a letter from me in order to open their files!) but BCW have been extremely rude and tell me that they will take me to court anyway.

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