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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 apnoea. 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 couldn't drive 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 apnoea (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 committing 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  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive.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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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFO Services & Experian – in The Times


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I’ve posted this on a thread elsewhere, but for anyone new with a similar problem...

 

Here’s a story from Troubleshooter, in the Money section of today’s Times:

 

Mistaken identity

 

I discovered an incorrect entry on my Equifax Credit Report in November last year and have been trying to remove it ever since. HFO Services has registered a default without carrying out an investigation to ensure that it has the right individual. This has already led to a struggle just to get a new £10-a-month mobile phone contract. Can you help?

MARK TAYLOR

Via e-mail

 

A Google search of HFO Services shows that Mark is not alone in finding a mysterious entry on his credit report without any warning.

 

When I contacted Equifax it said that it had already been in touch with HFO Services, which confirmed that the entry was correct, but when it went back to check that this was the case (after Troubleshooter rang) HFO changed its mind.

 

In a letter to Mark, HFO said: “In your location, your name and age group is a common occurence. Based on the inaccurate information that was provided to us by what is considered assured sources, the account was traced to you.” Quite why HFO didn’t call Mark to check that it had the right guy before slapping a big, black blot on his credit record is anyone’s guess. The entry has now been removed and he has been offered £100 as an apology.

 

So, if you have a similar complaint, you can add this story in to your complaint bundle for the OFT and TS.

 

In the meantime, I wonder who or what is HFOS’s “assured sources”? Maybe that’s a fib too – they probably just used 192.com. Can’t see HFO spending money on a proper trace service.

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What odds there are other Mark Taylors in that area with a similar default registered against them? "Your name and age group" being quoted certainly does support your theory that 192.com might have been used DB. One might reasonably expect that a default should not be registered unless they can positively identify an individual and establish liability. To use a service which narrows it down as far as name, area (unspecified size) and "age group" quite frankly is in my opinion a breach of the DPA principles on accuracy

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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If he sued, he probably get £1,000+.

 

I would agree, as well as the going rate for damage to reputation, he can also show actual damage in that he couldn't even get a poxy little phone contract.

 

David

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HFO tend to record defaults in the name of HFO Services, when the accounts were actually bought by HFO Capital, a separate company altogether, my file is recorded as HFO Services, even though HFO have admitted in court it was owned by one of the Capital companies and not Services.

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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They are entitled to record it in the name of their agent if they are administering the account.

 

The interesting thing with this case is that HFO must have initiated the recording of the default, because if they had taken it over from the OC it would by definition have been accurate. It is HFO’s alterations and updates which must have been deliberately wrong, proving that they are using the registering of defaults as a debt collection tool. They are ****. I wouldn’t *** on them if they were on fire.

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It is HFO’s alterations and updates which must have been deliberately wrong, proving that they are using the registering of defaults as a debt collection tool.

 

I wonder if HHJ Waksman and others take "The Times"?:lol:

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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