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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  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive.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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CEL/coop speculative invoice. CLAIMFORM - HELP REQUIRED **Dis-continued**


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well they seemed to have charged

 

 

for the initial claim 165,

plus 140 for legal cost

(witness statement, general handling and the hearing fee),

plus 190 for

(which they said was mentioned in the cost schedule ???)

presentation, attendance and travel.

 

 

Total of 495

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They wont impress a judge by claiming more than is written on their form, other than travel to court costs.

 

 

Claiming for presentation???

what next, £500 for new clothes to dress up in whilst there or they will go naked?

 

They will still get blown out of the water by the very fact they sold the debt on

so their claim is actually a criminal attempt to gain money by deception.

 

 

Make this very clear to the court that CEL are doing this by sending a letter to the court

and ask that their claim be struck out and reported as an abuse of process.

 

 

Include copy of the debt assignment letter as evidence of this abuse

and ask them to forward your complaint of criminal intent to the relevant persons.

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I just need to be clear, The letter I got from them was with their defence statement as this was meant to go to court next week, but I got an adjournment.

 

 

It outlines the costs above , but if I pay within 7days, I just have to pay the £165. Is this an abuse of the system, them trying to persuade me to pay the lesser cost??

 

 

Also, I am more than Slightly concerned that CEL have paid their £25 fee, but with many others that haven't paid...... why are they pursuing mine???

Edited by angers
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Keep going after challenging and submitting my full defence I received a letter from the court stating they haven't paid the £25 court fee and if they don't within another 7 days it is struck out and I can go for them for costs - keep tabs on all the time and expenses your defence takes

 

 

 

just a quick one...... Did you challenge under 31.14, 31.15 and 31.16?

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They are pursuing you becasue they think you are an easier target.

 

They cannot add any further costs to their claim and they know it, that is why they are offering to settle for a lower amount,

 

 

they know that the judge will throw the claim for the higher amount out with contempt

and may order that all costs be struck out so the best they could then hope for would be £16 (their share of the alleged debt).

 

Get another complaint into court about the abuse of process and copy this latest letter in.

 

I am assuming you have already sent the court the other complaint about abuse of process and fraud. If not, why not?

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get your complaints in and pronto and

 

 

you might not have to attend.

 

 

you also have to send copies of your defence bundle to CEL and to court,

 

 

normally a fortnight ahead of hearing date.

 

 

Fail to do this and you will lose, regardless of how dodgy and crooked their claim is.

 

It was explained in an earlier post,

 

 

likewaise about demanding sight of documents that you or CEL wish to rely upon

 

 

so demand copy of contract between CEL and landowner.

 

 

Check if that is co-op and if it isnt you write to court and say that CEL have no locus standi and ask for a strike out for that reason.

 

now get those letters off in the post and phone the court tomorrow for the N number for the form that pleads for a srtike out on the grounds mentioned.

 

 

They may accept just a letter.

 

 

If so, copy that to CEL as well so if you do have to go to the hearing you can raise it as the first thing.

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  • 2 weeks later...
Well....I've just received a letter from CEL stating they are withdrawing

their claim against me...apparently due to my evidence they don't wish to pursue...... Strange as I've submitted nothing since the skeleton defence! X

 

Result toast.gif

 

Sometimes, they realise that they've got such a weak argument that the mere fact that you're prepared to defend it at all is enough to put them off. They of course thrive on those that cave in at the first hurdle, or those that are scared off by court papers. And either don't defend, so that they win a default judgement or pay up.

 

Well done for standing your ground. thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Check with the court that they have advised the court of the discontinuance.

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The skeleton will be eonough, they dont want to go to prison for perjury and fraud.

Whack in a claim for your expenses to Mr Willem de Beer at their business address and to the court. I hope you sent off the complaints I listed earlier so when you send them copy of this claim you can add a further one of abuse of process-using the courts to coerce or intimidate rather than to process a claim for monies due.

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