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    • while politicians trough at subsidised bars and canteens, claim thousaands in expenses while letting out their properties and tories vote to leave UK children hungry That ALL needs to stop
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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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URGENT- Time Running out - Me v Yorkshire Bank


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I am well down the route of court and have received a Notice of Allocation to the Small Claims Track (Hearing) - scheduled to take place on 19th April 2007. The judge has ordered that -

 

1. The claim is allocated to the Small Claim Track.

 

2. The Claimant (me) shall by the 15th March 2007 fiel at the court and serve on the defendant the following:

 

(a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;

 

(b) Copies of the statement or other document relied upon as showing that each and every such charge has been made;

 

© A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

Can someone please confirm what exactly is being asked of me in each of the above. I'm assuming -

 

(a) is a copy of my original claim detailing the charges incurred.

(b) is a copy of my bank statements showing the charges.

© I'm not sure about this one but am asking someone to confirm to me that it is letters sent requesting refund of charges.

 

However, confirmation (and correction - if required) and direction is urgently required.

 

Any help is desperately needed (and greatly appreciated) due to these orders needing to be filed in the next few days.

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I am well down the route of court and have received a Notice of Allocation to the Small Claims Track (Hearing) - scheduled to take place on 19th April 2007. The judge has ordered that -

 

1. The claim is allocated to the Small Claim Track.

 

2. The Claimant (me) shall by the 15th March 2007 fiel at the court and serve on the defendant the following:

 

(a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;

 

(b) Copies of the statement or other document relied upon as showing that each and every such charge has been made;

 

© A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

Can someone please confirm what exactly is being asked of me in each of the above. I'm assuming -

 

(a) is a copy of my original claim detailing the charges incurred. ho its the schedule of charges

(b) is a copy of my bank statements showing the charges.correct

© I'm not sure about this one but am asking someone to confirm to me that it is letters sent requesting refund of charges.no its a statment setting out your claim in some detail i think theres a template around somewhere.

 

However, confirmation (and correction - if required) and direction is urgently required.

 

Any help is desperately needed (and greatly appreciated) due to these orders needing to be filed in the next few days.

 

I think Karnevil has a draft statement of claim in her signature.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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many thanks for your reply

 

Karnevil - where can I find this draft statement

 

id try the template library or failing that search for karnevil and see if she has one in her signature.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I need to complete these tasks by close of play tomorrow if I'm to get the documents filed at court and served on YB by 15th March.

 

You need to get your finger out if you dont want your claim struck out then i guess.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi there, if you look under GaryH thread, ' new strategy for AQ' #5, he has a very helpful Statement of Evidence , ( if this is what you need) slow down and think things through properly...;)

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This may help, as a starting point. Adapt it to suit your needs and include all the items mentioned. There is a court bundle in the bank templates library which will have them all.

http://www.consumeractiongroup.co.uk/forum/post-479225.html

 

You'll need copies for the court, the bank and yourself.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Follow the link to the bundle in Karns sig. All the information you need is there. If you are not clear on what you need to do then read up on as much as you can . If you are approaching your court date you need to get up to speed with understanding everything.

 

Also check all your paperwork from the court to make sure you understand and are complying with everything in that.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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COURT BUNDLE - has references to -

 

Early Day motion from the House of Parliament

http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=30753&SESSION=875

AND

OFT Summary:

http://www.oft.gov.uk/NR/rdonlyres/DF19FDA9-1D31-4B18-B251-9BF5AF6A29D4/0/oft842a.pdf

 

Do I need to go to the links and print them out 3 times - i.e. one for me, the judge and the Bank?

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the link you have there for the oft wont work, so you will have to use this one http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

print 3 copies of the early day motion and the oft summary report.

 

Hope you managed to do the joint statement for the service and genuine pre estimate i gave you earlier.

Hope it helps you.

Claire

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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Thanks why!!!!!! (aka Claire). I've completed statement and will be filing along with rest of supporting docs tomorrow (Monday 12th). I'm also trying to locate a transcript of the Peter McNamara radio interview used by GaryH.

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