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    • 2nd class stamp only , get free proof of posting from any PO counter dx  
    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
    • I honestly don't know, Baz. In addition what I don't  understand (from that pamphlet) is this: The s88 criteria are quite clear and don't need a medical professional to interpret them . The one most relevant to his topic says that an application is not a "qualifying application" if a relevant disability has been declared. The problem with the word "may" is how does the applicant establish whether me "may" driver under s88 when he has not complied with its conditions? I don't know the answer to that either. But to further muddy the waters, the pamphlet says this (about : But the s88 statute says absolutely nothing like that at all. It simply says that if you have declared a relevant disability s88 does not apply. The DVLA pamphlet is simply confusing as far as I can see. That's actually my opinion and that's what I would stick to if it was me making the application. But I'll seek a few opinions from others over the next couple of days.
    • Perfect. Thanks so much. I’ll get these printed and posted tomorrow 
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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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