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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
  • Our picks

    • 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
        • Like

Virgin Media - Remember to cancel broadband yourself


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Hi

Recently switched my phone & broadband bundle from Virgin Media to O2. I contacted O2 who managed the transfer. Since I have done this with 3 other providers over the years I assumed this would work the same way and that O2 would cancel both phone AND broadband!!

 

After two bills and the joy of customer service ... I have discovered that the transfer is not actually a transfer in the case of VM broadband. Because VM is on their own fibre network, the broadband with the new provider is a new connection AND DOES NOT replace the VM broadband.

So, it stayed active ... even though I was now on O2 broadband.

 

I explained this to Virgin, and questioned that they were charging me for two months of non-existent usage, but was told it was my fault for not cancelling broadband when my phone was stopped - the fact that my phone had moved and that my broadband usage was zero made no difference to Customer Services.

 

Well, that got me instantly ranting at the poor VM person, so I got nowhere fast after that.

Have formally complained to Ofcom and to Virgin, and now warning others on various sites - hopefully someone will be helped by this post.

 

I wonder how much VM makes from this little 'loophole', especially given many people won't know the difference between the networks. I doubt this is offset much by customers who won't go back to them again.

O2 really should've told you that if you were transfering from VirginMedia that you needed to cancel this service yourself. I don't see what VM actually did wrong here. I feel the fact that it would cost them more to have the complaint escalated to CISAS rather than make a small refund has swayed this in your favour. Personally, I'd make a complaint to o2, as I feel VM have done nothing wrong to you (how are they supposed to know that you didn't only want the phone line cancelling? and just because you don't use the broadband... maybe you're on holliday? They just didn't have any information from you)

 

If you move broadband using the MAC (Migration Access Code) process then your old broadband gets cancelled when your new broadband gets set up, however if you transfer your line to a provider that does not support the MAC process (Virgin Media, or From TalkTalk or Sky (or any other LLU)to any other BT line based boradband, or vice versa), then you need to cancel the old account.

 

It's important to note that this can affect anyone, not just those switching from Virgin cable/fibre optic to another provider's regular ADSL.

I'm currently fighting with Virgin over charges I recieved after migrating from Virgin phone+ADSL to BT phone+ADSL.

Was this a charge for changing providers within a minimum contracted term? If not follow the process that sitsandthinks followed (page 10 onwards of this booklet here)

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