Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • 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
  • Recommended Topics

CCJ but they no longer administer the debt??


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4258 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all, apologies if this is in the wrong place, this is my first post.

Short background info.

 

I borrowed some money on credit cards (small amounts) in my late teens and was paying fine,

i was made redundant and made the smart decision to RUN

 

!Now in mid twenties and looking to sort out my credit file.

 

I have no wish to wriggle out of paying it, i borrowed the money and am happy to pay it back (now i can afford it!)

 

I found 2 CCJs against me (unknown to me as i have moved many times in rented accomadation),

one of which i have now paid,

this was easy to sort as it was only put on recently (unfortunatly over 30 days though!)

 

The other is quite a bit older.

I contaced the company who put it on, B.Carter,

they claimed that the debt had been retracted by the original lender,

so i followed the trail back to the credit card comp who advised as B.Carter put on the CCJ

i would need to sort with them and they would have to send it back to them.

 

After 3 further phone calls to both parties, nobody seems to want my money!

 

Any ideas on how i should proceed?

I want to at least get this settled on my file asap!

 

Thanks in advance for your help!

Link to post
Share on other sites

Mr Carter is a well known solicitor for rent, if he has got this CCJ against an address you had moved from then you could apply to have it set asite, he does not like having to deal with a paper trail so write to him for information about it.

 

Stay off the phone to people, you will be given the run around and be given misleading information and could accidentally acknowledge something you might not actually owe.

Link to post
Share on other sites

if you didn't know about these CCJ's you really should get them set aside

rather than paying them

 

paying willl hold them on your file for a further 6yrs

 

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... 

Link to post
Share on other sites

if you didn't know about these CCJ's you really should get them set aside

rather than paying them

 

paying willl hold them on your file for a further 6yrs

 

dx

 

Thanks for your help.

 

I had looked into that but didnt feel I had a good enough reason to get it done?

It was sent to an old address that I only stayed at for a few months.

I dont actually remember giving it to them to be honest.

 

I registered my bank there so I could get a proof of ID for moving to my actual address?

 

If it was possible and then I paid the debt would that remove it from my credit file??

or f I get it paid and settled is that so terrible??

 

Thanks again.

Link to post
Share on other sites

well the trouble with paying old CCJ's

that are almost or coming upto 6yrs

is at 6yrs they will fall off.

 

you pay it, it holds it as as settled on your CRA file for 6yrs from payment.

 

now ok a settled CCJ is better than an unsettled one

but it wont go away for an extra 6yrs.

 

whereas the otherway it would go..

 

anyhow.

 

BC specialise in purposefully getting CCJ's by default

by knowingly serving on an address you are not at.

 

perfect excuse for a set aside

i would also guess that the CCJ was a split claim too.

 

just his costs, the debt is still around.

 

so how old is the non paid ccj?

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... 

Link to post
Share on other sites

well the trouble with paying old CCJ's

that are almost or coming upto 6yrs

is at 6yrs they will fall off.

 

you pay it, it holds it as as settled on your CRA file for 6yrs from payment.

 

now ok a settled CCJ is better than an unsettled one

but it wont go away for an extra 6yrs.

 

whereas the otherway it would go..

 

anyhow.

 

BC specialise in purposefully getting CCJ's by default

by knowingly serving on an address you are not at.

 

perfect excuse for a set aside

i would also guess that the CCJ was a split claim too.

 

just his costs, the debt is still around.

 

so how old is the non paid ccj?

dx[/quote

 

It was put on in 2010.

 

It does appear to be for the full amount though.

 

What does set aside actually mean?

 

Thanks again!

Link to post
Share on other sites

If a CCJ is set aside it means the a/c goes back to as it was before the judgment & the creditor would have to reapply to the court. The problem is unless you have a very good reason for having the CCJ set-aside other than not receiving the court papers a judge would be unlikely to allow it. For instance if the amount they claimed was wrong because of unfair charges or PPI.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...