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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?  
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    • 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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paypal and cca's


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hi all,

 

after nearly having a heart attack whem i reliased how much i owed, i finally made the leap and contacted Payplan today and looks as if i will take up a DMP with them.

 

I take it payplan are a good company to deal with?

 

I have used another company (last year before i found this fourm) to cca lloyds for me and this is ongoing.

 

can any one tell me, how much do you get in the way of phone calls and demanding letters from the credit card companies and loan companies whilst setting the DMP up and after its been set up?

 

also, i was thinking about cca'ing barclaycard also, i have had a card with them since 1987.

 

I owe about £40 k, 3 cards and one loan, i am desperate to get them sorted but hubby isn't awear of the total amount outstanding and i think he will walk if he knew the final amount, so really trying to not let him know.

 

 

also when you have a DMP with payplan, can you still CCA the cards? will cca'ing the cards make the companies refuse to let you have much lower payments and not freeze the interest charges?

 

any help or advise would be good please

 

also i have heard that if you are paying a lower amount through payplan, that the card companies can and proberly will send you default letters and threaten to take you to court, if you have CCA'd them and they haven't as yet been able to produce the origional signed document, can and will they still try and take you to court?

 

or is it something that could force thier hand in trying to prove that they have the origional signed agreement?

 

thanks in advance

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also, i was thinking about cca'ing barclaycard also, i have had a card with them since 1987.

 

Don't think! CCA everyone, than think!

 

also when you have a DMP with payplan, can you still CCA the cards? will cca'ing the cards make the companies refuse to let you have much lower payments and not freeze the interest charges?

 

When talking with payplan, I asked them what shall I do when my biggest creditor does not have proper CCA's and that my intention is to stop any payments until the creditor is no more in default. Payplan said that I shall initiate a court action and get a judgment in my favor, only than I shall stop the payments.

 

Well... after that I told Payplan to take a hike. Those who think that that CCCS and Pyplan are acting in their interest are either naive or banks. The truth is, debt "charities" are paid by the banking cartel.

 

Nevertheless, for many people payplan/cccs route might be quite a good choice. Please do not let what I told you to prevent you from talking to payplan/cccs. Just be aware.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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Hi Winston44,

 

I agree with Readalot, you should CCA all of your creditors! If a debt is unenforceable then you will have more money available to pay your other creditors.

 

I have heard mixed reports about Payplan and setting up DMP's. They will only help if you have a minimum disposable income of £100 per month.

 

Have you considered contacting your local "Christians Against Poverty"? Although their case workers are not trained, they will refer to a central department in Bradford who will set up a savings account for you, which they will administer, to pay into on a regular basis and they will negotiate with your creditors and set up a DMP. Their case workers supply pre paid self addressed envelopes for you to send threatening letters etc to them to deal with. You don't have to be religious to access the service!

 

Unfortunately, with a DMP the creditor there is no guarantee that the creditor will freeze the interest.

 

Hope this helps.

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Well... after that I told Payplan to take a hike. Those who think that that CCCS and Pyplan are acting in their interest are either naive or banks. The truth is, debt "charities" are paid by the banking cartel.

 

 

This is mis-information. Both Payplan and CCCS are not working in a cartel in the banks at all. They are independent of the banks and work to help individuals arrange reasonable repayments. They are not there to help people challenge the enforceability of agreements as most people are happy to repay what they have borrowed. I must also add that Payplan are not a charity.

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Sequenci,

 

I agree with you completely.

 

However, I suggest that it may be a good idea to challenge the enforceability of the agreements in any event irrespective of whether a DMP is in force or not. If any of the agreements are unenforceable then there will be a greater sum available to pay the other creditors and thereby reduce the time the DMP is in force.

 

Again, I would suggest trying Christian against Poverty for help. I went to a seminar in Chichester recently and was impressed with there service proposition which is entirely free and dependant upon donations.

 

For the record, I am a registered intermediary with Payplan in the course of my employment.

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Sequenci,

 

I agree with you completely.

 

However, I suggest that it may be a good idea to challenge the enforceability of the agreements in any event irrespective of whether a DMP is in force or not. If any of the agreements are unenforceable then there will be a greater sum available to pay the other creditors and thereby reduce the time the DMP is in force.

 

This is certainly worth doing. I will stress that it isn't the job of any of the debt advice charities to suggest that people CCA their creditors as most people acknowledge that they have borrowed the money and wish to pay it back. This is also compounded by the fact that more and more credit agreements are going to have been taken out after April '07 which unenforceability arguments significantly more difficult.

 

Again, I would suggest trying Christian against Poverty for help. I went to a seminar in Chichester recently and was impressed with there service proposition which is entirely free and dependant upon donations.

 

I concurr, we use a lot of their materials in the day job; they are excellent.

For the record, I am a registered intermediary with Payplan in the course of my employment.

 

I work for the Money Advice Trust :)

 

Welcome to Money Advice Trust

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For the record, I am a registered intermediary with Payplan in the course of my employment.

 

I was in Grantham not long ago at your offices, you guys put on a good spread :) MUCH better than Experian's LOL.

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hi all

 

many thanks for your replies, i didn't think that payplan would be able to cca the card companies, but really just wondered if it would effect the DMP is i cca'd them seperatly from payplan?

 

using Christian against Poverty doesn't really look like an option as it looks as if hubby would need to be involved and if he knew the full extent, he proberly would walk, hense trying to sort it myself:eek:

 

also

also i have heard that if you are paying a lower amount through payplan, that the card companies can and proberly will send you default letters and threaten to take you to court, if you have CCA'd them and they haven't as yet been able to produce the origional signed document, can and will they still try and take you to court?

 

or is it something that could force thier hand in trying to prove that they have the origional signed agreement?

 

can any one tell me, how much do you get in the way of phone calls and demanding letters from the credit card companies and loan companies whilst setting the DMP up and after its been set up?

 

and

 

also when you have a DMP with payplan, can you still CCA the cards? will cca'ing the cards make the companies refuse to let you have much lower payments and not freeze the interest charges

 

sorry if it looks like i am repeating myself but dont think these questions have really been answered!

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Hi Winston44,

 

Using Christians against Poverty will involve home visits by their case workers so you are are right about the problems it may cause with your husband.

 

Unfortunately, a DMP does not mean that your creditors will stop contacting you by letter or telephone. However, the frequency should reduce. Have you asked your creditors to remove your telephone number from their records? similarly, a lot of creditors use ex directory numbers to phone from in which case you could contact your telephone service provider and call bar these numbers.

 

If all else fails and you are harrassed, you can always refer the creditor / dca to Trading standards. I understand that there may be a template letter available from the forum.

 

Having a DMP will not prevent you from sending CCA requests to your creditors and your creditors are under no obligation to freeze interest charges although they often do.

 

You are correct, it is my view that whilst the CCA request is outstanding, the creditor will have difficulty enforcing the debt.

 

I hope this helps.

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