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    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
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    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
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Is this normal? - Applied for provisional license in Oct 2016, still waiting...

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I applied for a provisional driving license in October 2016. To this day (Aug 2017) I am still waiting for it. Today DVLA told me it's still in a queue for a doctor to review but would not tell me how many months or years it would take for that review to happen. DVLA refused to tell me the average or approximate time it takes for a medical review to happen. No info whatsoever...just keep waiting...


Is this normal? How long does this normally take?


Is there a way I could get a provisional license and my lessons as well as the actual driving license abroad and then use that here? - Sorry, this might be a silly question, but I need options. I desperately need a driving license for work/shopping/doc appointments due to bad back, and it seems it's not possible to do it in the UK due to some internal DVLA backlogs.


Thank you for any suggestions x

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You are caught in a DVLA trap.

If they refuse you a license, due to your medical condition you can appeal, but if they just don't make a decision ; you have no statutory rights.


The first delaying tactic is to get around to reviewing your information, and the decide the information is incomplete, and ask for more.

Once they have all the information they AIM to make a decision with 18 weeks (but this is an aim, not a deadline!).


1) Record all your calls with Drivers Medical Group, as you'll be given disinformation.


Expect to not have any complaint recorded as a complaint, even when it clearly is a complaint, unless you use the words "this is a complaint"

Expect them to then tell you that they now understand it to be a complaint, and then omit to raise it as one.

Expext them to tell you there is no escalation procedure to an unresolved complaint, or then that the escalation is then to the same team who did (or didnt!) deal with your first complaint


Expect them to say there is no other escalation procedure (there is, to their Chief Exec)

Expect them to say that there isn't any other escalation (there is, through the PHSO, the PHS Ombudsman, via your MP)


Bottom line, though, is that you'll need to ensure that you have a very strong case to be issued a license (provisional or other) before upsetting them by taking them through this process.

What Group of license are you applying for (1- car, or 2 - what used to be HGV / PCV).


Do you feel able to discuss your condition so you can be pointed to the relevant 'medical standard of fitness to drive' that DVLA should be using to reach their decision?.

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Thank you for your response


"What Group of license are you applying for (1- car, or 2 - what used to be HGV / PCV)."


1-car - for basic household tasks and getting to and from work.



"Do you feel able to discuss your condition so you can be pointed to the relevant 'medical standard of fitness to drive' that DVLA should be using to reach their decision?."


I had to tick the "fainting" box on the form because I have Postural Tachycardia Syndrome. The condition causes me to faint when I am standing upright for prolonged periods of time. The condition does not affect me when I am seated. Therefore the condition would not affect my driving unless I had to drive while standing up. My GP confirmed the same in his letter.

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They are likely to consider this as either or both of


1) "Dizziness" (falling within 'neurological conditions' within




P. 29 of the standards, where you point out that you get symptoms only if stood for a protracted period, and thus you have "satisfactory control of symptoms", or


2) an arrhythmia (p. 52 of the guidelines).

This one is more tricky as "Driving may resume without DVLA notification only after:

■ underlying cause has been identifed

■ arrhythmia is controlled for at least 4 weeks."


They could argue about if the arrhythmia is "controlled".

They might try to take the position "it still happens, so isn't controlled", whilst you argue "it is controlled, for driving, as it only happens when I'm stood for long periods" :

In case they try the former : can you try and ensure you don't get an episode until you have this resolved, by trying to avoid standing for long periods?

That way you can say "my last episode was on , and the condition is controlled (by me avoiding standing for long periods)"


The aim is to make them play by their own standards, so that when they (finally!) reach their decision, you have strong grounds to appeal if they refuse you.

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  • 2 weeks later...

like controlled epilepsy and other complaints they tend to sit on things as you have seen. some diseasesd that cause dizziness mean an automatic driving ban eve if the individual isnt affected when awake so Menieres disease is an end of your driving career even if you only get dizziness when lying down with your eyes shut and head lower than heart, not a normal driving position

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