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    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application  around 6 weeks before expiry and with it the disclosure of his sleep apnea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldnt drive- but i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially comitting an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all    
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
    • So you think not pay until DN then pay something to the oc to delay selling to dcas?    then go from there? 
    • think about it, if you don't pay the full amount, what more can they do , default you  they've already registered a default notice by that point.  why have you got to await sale to a DCA.... for what?  
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I am seeking advice about BLS collections.

I am paying BLS £150.00 a month and have done since December 2000.

I have never received a statement from them and neither do i have a copy of the cca.

I dont know how much is left owing on this account or whether it has incurred any further charges like interest etc.

Can i write to them asking for both?

This is recovery of a debt from lloyds

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You dont say how much the debt was for. My calculations estimate around £12500 that youve paid back since 2000. The dca may not tell you when youve finished paying back your debt that may just keep taking. I would write to request a cca and copy of statement of account, this should, if they can supply it, detail debt and every amount you have paid. You can get template letter off here, dont forget to put £1 in with it, postal orders are best, do not send a signed cheque, dca's have been know to copy the signiture. Send letter recorded post so you know it gets there. They have the usual 12 working days to respond, then a further 30 days before they are in default. Someone please correct me if im wrong but after first 12 days from reciept of letter you can cease payments untill they provide you with correct cca.

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this was a debt to lloyds bank, including loan, and overdraft.

BLS sent me a statement of means at the time and agred to take £150 a month. The totaol debt was unsecured roughly 19,000. This is the last debt i need to clear.

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Do you know how much was loan and what was overdraft. Def cca for loan, i dont know about the overdraft as ive read they have different rules. Youll need to wait for somone with experience in overdrafts to come along. If bls have combined both together it might just be worth sending a cca and see what they come back with. Chances are after this long they wont have any paperwork at all.

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  • 2 months later...

hi,

I have yet to do anything about BLS.

I am concerned about opening a can of worms.

Have been paying BLS since Dec 2000. If i send a CCA request and they dont provide me one in the required time, can i stop payng them?

Should I also SAR LLyods?

I have paid £14000 off a £19000 debt. What i really want to know is that the debt actually reducing or if there are charges being applied.

My plan is to ask for a statement of the account and a copy of te CCA.

Does that seem reasonabe?

Thanks for yoyr advice.

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Hi, hidebait.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi,

In the throes of writing to BLS, but the only address i have for them on my last correspondence (05/12/2001) is a PO Box address.

Can i send a recorded letter to a PO Box.

Is there another address i should use?

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Hi, hidebait.

 

This address has worked in the past ;)(the 1st one)

 

 

Lloyds TSB,

Consumer Debt Recovery,

Queens Road Quadrant,

Brighton,

BX1 3XJ.

 

BLS Collections (Trading name of Lloyds TSB),

PO Box 467E,

Oxford,

OX4 1WA.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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