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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Man in the middle
      Summons to court for a S87 (1) offence

      By Man in the middle · Posted

      Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • FTMDave
      Booking.com host cancelled our accommodation - how to get a refund

      By FTMDave · Posted

      Right, my friend has just called me. He has indeed had to cancel bookings in the past from his end. There is a specific number for Booking.com that he calls.   After that Booking.com jump into action and contact you re refund and/or alternative accommodation. I suppose it's all logical - the party cancelling the booking has to inform Booking.com. So the gite owner needs to contact Booking.com on the cancellation number.
    • Colosseo
      IDR letter re supposed debt to CBQ - scotland

      By Colosseo · Posted

      OK, thank you. I appreciate your help.
    • dx100uk
      Sainsburys Shoplifting - Letters Incoming?

      By dx100uk · Posted

      they are not FINES. you totally ignore all the silly fake civil restorative letters. they are totally powerless just the same as any DCA on any old debt. might be an idea to go have a chat with your GP in confidence as you recognise whats going on. dx  
    • dx100uk
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By dx100uk · Posted

      pinging @Man in the middle looks to me you are on the correct track, you shouldn't need a sols. Programmable Search Engine (google.com) clickme^^ thread title updated dx  

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      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Unenforceability Cases on hold until further notice

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mikek

mikek

Posted
Posted

I have two credit agreements challenged for unenforceability by a legal firm in Chester. They took on the cases months ago and have been negotiating with the banks without result.

 

I received a letter from them today saying that they sent my cases to a Barrister to get more clarification on several points. I rang them and asked them if this is related to this Chester Court case management conference. They said it did but did not disclose any further information and could not give a timescale either.

 

Do you think that my cases could be 2 of the 52? Are they not supposed to give me full information on my cases?

 

Thanks

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car2403

car2403

Posted
Posted
what did you pay for this service?

 

Hmmm... Not sure how that is relevant to the question asked, exactly?

 

I have two credit agreements challenged for unenforceability by a legal firm in Chester. They took on the cases months ago and have been negotiating with the banks without result.

 

I received a letter from them today saying that they sent my cases to a Barrister to get more clarification on several points. I rang them and asked them if this is related to this Chester Court case management conference. They said it did but did not disclose any further information and could not give a timescale either.

 

Do you think that my cases could be 2 of the 52? Are they not supposed to give me full information on my cases?

 

Thanks

 

You could try calling the Court directly - these are, after all, your claims, mikek.

 

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diddydicky

diddydicky

Posted
Posted

Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off.

 

Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland.

Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specific information.

Le Vell says: “This is another victory for the consumer. “Although Bank of Scotland gave up its fight and agreed to write off his debt, amazingly they refused to pay his costs.

“However, as a final blow to the lender, Judge Langan ruled that the bank needed to pay all the costs in full and said that the bank didn’t fight the case because it feared highlighting failings and opening the floodgates to further claims.”

Ratio Money successfully highlighted that the man's credit card application didn’t contain the prescribed terms and conditions – and therefore didn’t comply with the Consumer Credit Act.

Bank of Scotland argued that the terms and conditions had been given as a separate document when he applied for the card at the Wetherby branch of Halifax, but he denies ever receiving them.

However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms.

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Mightyacorn

Mightyacorn

Posted
Posted

"However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms"

Sounds simple enough to me, so what's the problem? 000201FE.gif

 

 

 

 

 

 

 

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

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car2403

car2403

Posted
Posted (edited)
"However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms"

 

Sounds simple enough to me, so what's the problem? 000201FE.gif

 

That's a can of worms...

 

The problem is that some Judges will enforce the debt even if the law isn't complied with, which is very, very wrong. (As you can see here) In that situation, the debtor is left with the only option of appealing, which is more costs - and more risk, if you get another "numpty" Judge that holds the same view as the first one. Luckily, appeals usually end up in the right decision being applied second time around, as they are usually heard by a more senior Judge who actually bothers listening, (or just puts their individual prejudices aside when applying Judgment) but again that can be very stressful for the Debtor. (Not to mention the escalating costs by following the appeal process)

 

This judgment has to be welcomed - but we've had previous Judgments from the Court of Appeal and even the House of Lords (Wilson's cases come to mind) that have been ignored in the past. :mad:

Edited by car2403

 

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broken arrow

broken arrow

Posted
Posted

The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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diddydicky

diddydicky

Posted
Posted
The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

 

i think it was in the last couple of weeks from what i read in an earlie post somewhere

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Wigeon

Wigeon

Posted
Posted
The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

 

 

If it helps the barrister was David Berekley QC and the decision was dated 1st June 2009

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Posted
Posted
If it helps the barrister was David Berekley QC and the decision was dated 1st June 2009

 

2 weeks after my hearing then.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Wigeon

Wigeon

Posted
Posted
Hi

 

I have requested the CCA for a loan with Black Horse, today I have received just a statement showing the balance and all previous payments-no letter of explanation.

 

What should I do now please

 

Henderson50

 

How did you request the actual document, how was the request phrased

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henderson50

henderson50

Posted
Posted

Sorry for the delay

 

my letter was worded as follows

 

'With reference to the above numbered agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Credit Act.

Please provide the following information.

1.True copy of the original credit agreement

2. Statement of Account

3. Copy of any executed deed of assignment of this loan

4. A fair processing notice

 

I understand a copy of our agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

 

I look forward to hearing from you

 

Yours'

 

Any help much appreciated

 

Henderson50

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Spamalot

Spamalot

Posted
Posted

As a point of discussion and also pure ignorance on my part..:oops:

 

Could somebody please clarify...

 

With regards to enforceable documents... Very often when taking out a loan etc you may sign two copies of the document... one for creditor and one for the consumer.

 

Does the document have to be identical?

 

I.e could the creditors copy be the 'enforceable agreement with prescribed terms and sigs. etc all in one doc and the consumers copy be sigs etc and a seperate copy of terms and conditions?

 

Thanks spam. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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