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    • So, why do DVLA (via that leaflet) say that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) ?
    • 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.  
    • Americans are already keen on UK-made coins, and the Mint said it has seen a 118 per cent increase in sales to the US since 2022.View the full article
    • 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.
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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.

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How to deal with creditors when on JSA?


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I am currently in receipt of Jobseekers Allowance and was wondering if there was anything good I could quote or use in my defence when dealing with creditors to negotiate the lowest possible amount I pay in any kind of payment plan?

 

Did search around a bit first but couldn't find much apart from a few interesting posts in one topic (which I can't link to as I have less than 10 posts)

 

For instance, if you are in receipt of JSA, DLA or similar, then you can offer £1 per calendar month with the government's backing..."

 

Dear Sir/Madam,

Account Ref: 123456789

 

With regards to my current “repayment agreement” with you, I am in a position to be able to offer you no more than £1 per calendar month.

I own no property, have no savings or appreciable assets and rely on Job Seekers’ Allowance as my sole source of income. I quote the Department of Work & Pensions, who state:

“You will be paid the sum of £65 per week, which is the legal minimum on which the Government believes you need to live on.”

I really am struggling at the moment and I'm sure anyone who has ever been on JSA can testify it's not easy.

 

If I inform the creditors that I can only afford a certain amount and if they want more they will have to take me to court, will this do any good?

 

I'm guessing that surely no court would make someone who is on JSA pay anywhere near the types of monthly payments that most creditors initially demand?

 

And what is the likelihood of a creditor taking someone on JSA to court?

 

All my debts with creditors are £600 or less, if that makes any difference.

 

Thanks

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list them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I found most creditors sympathetic when I was on JSA, Cap 1 and Egg agreed on £1 a month, although Egg suddenely assigned debt to Apex with no warning, although Apex havnt chased me for anything so they are currently getting nothing, BC wanted £10 a month and the only one who wanted more was Nemo, I paid them 50% of my original monthly amount.

 

Most companies realise that even if they were to chase you through courts they may run into unenforceable contract issues and even if not, a court may only say you pay a small amount per month anyway.

 

Andy

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Thanks for the replies guys this place seems so informative.

 

Only found out about it the other day and I have to say what a great website.

 

So there is very little chance they would take court action over a JSA claimant who is offering small token payments per month based on those above balances?

 

My credit file is already really bad with a few defaults so I'm not bothered about what they can do to that, I just only want to pay what I can afford.

 

I just worry about all the ridiculous interest/fees they can potentially add.

Edited by Ryan88
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Its important to get their agreement before paying reduced amounts otherwise you may get fees/interest, most will require you to fill in an Income & Expenditure form and show proof of JSA.

 

Theyd all be pretty dumb to start any action (also bear in mind, youll be eligible for waiver of court fees and maybe free legal advice, I took advantage of this and started various court proceedings against my landlord, mostly successfullY) although some may sell them on to other companies (often for as little as 1-10% of the amount) so sometimes its good to jump in and offer a full and final settlement (assuming you have a bit of cash), they may settle for 10,20,30,50%..worth a try.

 

Andy

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