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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
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    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
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Hit em where it hurts - Lowlife Portfoolio and all DCA's


khemist
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Hello all

 

I write this thread in assistance to all who may find themselves in a similar position.

 

I have started to get the dreaded letters and constant phone calls, calls from variously named companies, calls and letters which would and does shake the uninitiated, from a particular company called Lowell

 

Scary - yes they can be - intimidating - yes they can be, however thanks to this wonderful community that is the CAG, help and assistance is always close by, closer than you think!

 

Now, these letters and phone-calls are nothing new, in fact they are exactly the same as this time last year! is this deja vu?

 

Opps - someones slipped up, ITS THE SAME CASE REFERENCE I SMASHED THEM IN FOR LAST YEAR IN COURT!!!

With full assistance from these guys and gals right here...

 

So - to re-iterate a little - I have kept the letters, listed times and dates of phone calls, I have time logged time spent so far researching and learning, I am using a time logging program which logs time and date synchronized and would be 100% admissible in a court of law as too its accuracy, I do this because its 18 pounds per hour litigant in person cost, this is the hourly rate paid for your time and effort because we are not lawyers, this is the cost the enemy will have to pay if and when we get to court, so far I have clocked up 7hrs and counting - [time spent reading these forum threads, and various law statutes etc.]

 

Keep reading - I shall update you all regularly because I want them to continue just so anyone else can have a running record of what to do should this happen to you, with the same or similar circumstance.........

 

Also it serves to notify the relevant bodies i.e. OFT OFCOM etc, of the downright foolish and destructible way these people are abusing their industry, intimidating and harassing everyday descent folk just trying to live life as best as they can. hopefully they learn some heartfelt lessons unless, they PLAY THE GAME FAIRLY.

 

Alas until that time, watch this space!:evil:

 

The facts are: YOU MUST ABIDE BY THE LAW, BOTH AS CONSUMERS AND ESPECIALLY THE INSTITUTES AND COMPANIES THAT WORK WITHIN THEM - IF NOT, THEN.....

 

Khemist

 

ps search my name in legal success to see my story...

 

Thanks again to all who make up the CAG I would never have sounded so cocky if it were not for your help and treasured knowledge.

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  • 2 months later...

Hi all just a quick update,

 

I have received 7 letters so far and constant phone calls all for the same debt!

I have refrained from biting back so far albeit the phone calls are becoming increasingly annoying, I am compiling all for the OFT.

 

And waiting for them to slip and send an SD...

 

Khemist

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It would cement your case even more if you sent them a harassment letter.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Keep a carefull log of ALL contact made, and send a harassment lettter addressed to their compliance manager.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 10 months later...

How are things, Khemist ? Are you still being bombarded with letters / calls ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you have told someone to stop doing something that you consider is harassing you, then if they persist then you can always make a complaint regarding them and their actions you consider to be harassing.

It will be for a judge to decide if their activity did amount to harassment.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hiya, there is just this little bee in 'their' bonnets, that people must co-operate where debt is concerned and cheekily, a court can frown upon people that don't have back-up evidence that they have responded appropriately. But if something is under Formal Dispute and hasn't been rectified, they are supposed to stop contact albeit if they think they have fully answered, they are allowed to pursue if they have a legitimate claim.

I have just been reading about harrasment and its defined as even being contacted once if you have stated catagorically you do not wish any contact with a company ? is that incorrect?
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Hiya, there is just this little bee in 'their' bonnets, that people must co-operate where debt is concerned and cheekily, a court can frown upon people that don't have back-up evidence that they have responded appropriately. But if something is under Formal Dispute and hasn't been rectified, they are supposed to stop contact albeit if they think they have fully answered, they are allowed to pursue if they have a legitimate claim.

 

An appropriate response well in my case is yep see you guys in court the advice i have been given on here is that its down to them to prove i owe them money, that doesn't mean you can contact me over and over and over trying every trick in the book to trap me into something

 

IT MEANS IF YOU THINK YOU HAVE A CASE TAKE ME TO COURT OTHERWISE YOU KNOW WHAT TO DO until then dont phone or write me...............which they obviously do

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I agree they are a total nuisance and don't back down easily, but my niggle is if it goes to court and the judge isn't 'with' all the relevant laws and rules, cases which shouldn't be upheld and by some big flaw have succeeded, obviously not if the true paperwork isn't there or any reason like stat barred or never owed, purely from the risk factor, I wouldn't say I am scared, just read too many stories I guess :)

 

 

An appropriate response well in my case is yep see you guys in court the advice i have been given on here is that its down to them to prove i owe them money, that doesn't mean you can contact me over and over and over trying every trick in the book to trap me into something

 

IT MEANS IF YOU THINK YOU HAVE A CASE TAKE ME TO COURT OTHERWISE YOU KNOW WHAT TO DO until then dont phone or write me...............which they obviously do

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I agree they are a total nuisance and don't back down easily, but my niggle is if it goes to court and the judge isn't 'with' all the relevant laws and rules, cases which shouldn't be upheld and by some big flaw have succeeded, obviously not if the true paperwork isn't there or any reason like stat barred or never owed, purely from the risk factor, I wouldn't say I am scared, just read too many stories I guess :)

 

I hear what your saying ive just ignored em but now i really want to take the fight to them so i suppose thats why im here the more i learn the more i think you absolute set of shysters,I just found out they have job vacancies there its worth having two weeks off work to get a job there boy would i come out of there singing like a bird on all their shady practices

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Oh it's good you have that confidence, they make so many people ill, I wish there was a miracle and somebody stopped them and their business, but as they have so much money...hmmm what do you reckon? :) More success stories would be pleasing :)

I hear what your saying ive just ignored em but now i really want to take the fight to them so i suppose thats why im here the more i learn the more i think you absolute set of shysters,I just found out they have job vacancies there its worth having two weeks off work to get a job there boy would i come out of there singing like a bird on all their shady practices
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