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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
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    • 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
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OFT test case


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However, whichever side loses is expected to appeal, possibly all the way to the House of Lords, meaning the issue may not be resolved until next year.

 

I find this a bit scary. The further up the chain this moves, the higher salaried are the decision makers and the further away from the real world they are, and that don't bode well for an OFT success.

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You're all wrong. You all love having charges and this site has made you go against what you like best and reclaim, against your better judgement.

 

Current account customers like the present system of charges under which they only pay when they are in the red, the High Court was told.

 

Have we got a jokes forum to put that one in?

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Well it's not just the UK and cag any longer:

 

 

 

Bank charges attacked around the world

 

Bank customers in numerous countries around the world have been complaining about the cost of having an account.

The Israeli government has just agreed that the country's central bank should regulate commercial bank charges. In the UK tens of thousands of people have, successfully, been suing their banks for the return of overdraft charges. BBC correspondents report from South Africa, the Czech Republic and Australia about the growing consumer revolt.

 

BBC NEWS | Business | Bank charges attacked around the world

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This is going back to a point made earlier:

 

Milligan returned to his setting out. During this he listed Barclays 4 or 5 ‘services’ for a payment or non-payment:

 

4. If insufficient funds are available the granting of an unauthorised overdraft is considered. This consideration is a contractual obligation.

 

5. If granted, a letter of notice of an unauthorised overdraft stating the terms is provided.

 

point 4, how can you grant an 'un'authorised overdraft? If you grant it then you are authorising it.

 

point 5, a letter is sent informing and stating the terms is provided. If they are stating the terms after the fact, then that must be an unfair way to do it. We don't sign agreements and contracts and have the terms filled in afterwards.

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don't want to sound ungrateful but am after some "provenance" to support the statement thanks.

 

 

I have searched on five search engines and none of them come up with an authorative answer, they all have suppositions and guesses.

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So far in court the banks have been saying this is a 'package of services', with one downfall, the consumer would never opt in for a 'no payment to creditor but payment to the bank' part as a service. No service has been carried out apart from that of providing the bank with money.

 

It cannot be classed as a service if it constantly deprives you, in fact you should be able to take it back to the shop (bank) and ask for your money back as it only deprived you of your money and did'nt provide a service, how did they sell this service?.

 

If someone can find me in the dictionary where 'customer service' means you are supposed to pay people for serving themselves, I'll be amazed.

 

 

So how can the likes of the Alliance and Leicester class it as a service if they charge £35 for that service and then five days later charge you another £35 for that same service. Me thinks they are clutching at straws and have said knickers in the proverbial twist.

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dave wrote:

 

That would depend on what you wanted to find our.

This one

 

Excellent idea.

 

Also, we should compile an up-to-date list of bank accounts and their charges - there is a list in here somewhere, but it's out of date - the charges/T&Cs have changed etc...

 

All the time we're still being forced by out own government into buying these 'services', we need a 'real world' banking chart to minimise the sting.

 

Couple that with a list of 'best buy' services that do not require a DD (or at least are not penalised for doing so) and I think we'd have a decent little resource.

 

Any volunteers?

 

I'll happilly format it and put it in the wiki/forum/Excel/PDF etc...

 

I could also put it in a searchable database. You can search for a gas supplier for instance, and narrow the search by penalties for not paying by DD, or payments accepted over bank/PO counters, etc...

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mailmannz wrote:

 

it would only be a 30 second fix by the banks to ensure you cant do that (but then again, there is no money in this for the banks is there!).

 

Well there you go, you have just shot your own argument down.

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Maybe It’s just me but I find it very odd that the main thread for the test case has been relegated to a difficult-to-find sub forum in ‘Campaign’.

 

The test case is arguably the single most import event in the history of bank charges - the reason for this site’s existence - and it’s given very little prominence , in stark contrast to other sites.

 

One can only guess as to why.

 

As there is practically no reports in the media, it's hard to do other than have a conjectured chat and summise at what is happening.

 

this is a democracy

 

Gosh - is it, could have fooled me.

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  • 3 weeks later...

It may be a bit unfair to say someone 'don't deserve'. There are a lot of people who have two jobs to make ends meet, come home get the kids to bed, have time to watch the soaps and then get themselves off to bed ready for anothers hard day.

There are quite a number of the population who wouldn't see the news for very genuine reasons.

 

I think it would be to the satisfaction of those not happy with banks to do their utmost to bring to the attention of anyone who would be liable for a rebate the fact (supposing it goes in the customers favour).

 

I would hate to think of some poor soul who has debt andcould really do with the money, and got in that situation mainly because of the bank, not reclaiming it because then did not know they could.

 

I don't think anyone subscribing to this board would really like to see the banks get away with something they are not entitled to.

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God forgive the money lenders & this government who are allowing this to happen

 

A few weeks ago during Prime ministers questions, the libdems asked Gordon Brown if he was aware that 27,000 home repossessions were granted during 2007 and that the number was expected to double during 2008.

His answer was Quote We have to keep the economy on track Unquote

 

I take that to mean "Not my problem".

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