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    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving. The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but  does it does not provide a defence. But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did. As I explained, after his birthday he did not hold a licence that could be revoked. In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive. The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
    • I'd recommend getting a new thread started about this. Let us help!
    • to whom..here? read upload one mass pdf only in date order please too. dx
    • what does claim history on mcol say now about dq n180's? and is the address there now correct? dx
    • Hey, sorry it is me again. I haven't received any news about the claim at my new address. The deadline was the 28th of May. I have posted the letter with my address change to both the court and solicitors. I am worried that it will get sent to my old address and I have a problem. Should I call the court to find out, or should that be ok to continue waiting?  Thanks
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MERCERS and 2 faulty BC DNs **WON**


Delfi101
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I noticed that as a problem with choose to refuse. Unless you pick up the call you have to manually input the number. Its worth doing a 1471 to see if the displayed number is actually the one where the call originated from. They think they are being clever but we can be cleverer. You can also set up divert if no reply on your BT line. Divert the maggots to your sipgate line

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Actually it now only works manually ... even if the call is picked up it uses the 0151 option ...

 

These people are low!

 

D

You knew that anyway:D But the lower they are the easier they are to trample on;-)

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Hi delfi

 

I am having the same trouble you are but mine is with Crap One. What is this Sipgate you are talking about and is it expensive. We do a lot of charity and voluntary work so our number would be very difficult to change for us.

 

I have told these A******** that I will only communicate through letters but they do not understand English. All our callers are foreigners/ I have already sent two harassment letters. even one to Crap Ones CEO and still they call. Both my husband and my self have requested CCA's from Crap One and they have defaulted. Hubbys hasn't showed its face at all, and my unenforceable APPLICATION form was well out of time. I keep telling the call centre that there is a legal dispute but they just don't listen. I am afraid that F*** Off is not the only language they have had from both of us, and I am usually a lady. We have had over 65 calls to date in 10 days. Ofcom were as much use as a chocolate kettle, as they will not deal with individuals only log a complaint and wait for others, before they act.

 

So your talk of SIPGATE is very interesting to me. Could you give me some details about it please?

 

maggiebroom :)

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Maggie,

 

It's mentioned earlier on this thread but you can find details here

 

It doesn't cost anything to set up incoming calls and an answerphone service. The great thing is that it keeps logs automatically! You'll get a NEW local phone number for nothing.

 

The thing to do is not to worry and to trust the advice that you get on here. I'm with you in spirit gal! :)

 

These DCA 'employees' are nothing but ****** vultures trying to prey on the vulnerable by using threats and worse. It simply won't work with me.

 

Keep logs of everything and REFUSE to talk to them over the phone because you have no record of what is being said. Stand your ground and insist that they threaten you in writing:cool:

 

What they do is not technically illegal but it really does break OFT guidelines ... I've had threats that translate as 'we'll send the boys around' so they've been told that with 2 black belts in the house I'd advise them that that would be foolish but to 'bring it on' if they like. They have been advised that I consider any such move to be aggravated trespass.

 

Hope that helps,

 

D

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Hi delfi

 

I am having the same trouble you are but mine is with Crap One. What is this Sipgate you are talking about and is it expensive. We do a lot of charity and voluntary work so our number would be very difficult to change for us.

 

I have told these A******** that I will only communicate through letters but they do not understand English. All our callers are foreigners/ I have already sent two harassment letters. even one to Crap Ones CEO and still they call. Both my husband and my self have requested CCA's from Crap One and they have defaulted. Hubbys hasn't showed its face at all, and my unenforceable APPLICATION form was well out of time. I keep telling the call centre that there is a legal dispute but they just don't listen. I am afraid that F*** Off is not the only language they have had from both of us, and I am usually a lady. We have had over 65 calls to date in 10 days. Ofcom were as much use as a chocolate kettle, as they will not deal with individuals only log a complaint and wait for others, before they act.

 

So your talk of SIPGATE is very interesting to me. Could you give me some details about it please?

 

maggiebroom :)

Sipgate is brilliant. Its an internet based phone service. It gives you a local number which is FREE. Just give it to the scim and you get a free answering maqchine plus an internet print out of all you threatomatic calls

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Maggiebroom, everytime they call tell them the call is being recorded and then remind them about your harrasment letter you have sent. They will soon learn when they think your recording them.

 

You dont actually have to record them just lie that you are.

 

I told a debt collection company I was recording them once and the lady now ranks in the top 10 politest people ive ever spoke to.

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Personal numbers cost a lot too - more than mobiles

 

You can always invest in a very loud whistle

 

(One of the best suggestions that I have seen)

 

Just think of their poor ears in those headsets!

 

(grumpy smiles to himself and starts to think which shops would sell referee-style whistles - sports shops maybe)

 

 

I have a panic button which is ear shattering. I want to use it on Crap One but am worried they may sue for ear damage as this panic thingy would definitely blow your ear drum :D

 

maggiebroom

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Maggie,

 

What they do is not technically illegal but it really does break OFT guidelines ...

 

Are you sure Delfi? I believe it is illegal to make more than one call per day and more than two calls per week.

 

I may have read the protection from harassment Act wrong but I think that is the prescribed calls they are entitled to. However since when did these companies pay attention to rules and regs. They think they can flout it all.

 

many thanks for your reply

maggiebroom :)

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Maggie,

 

What they do is not technically illegal but it really does break OFT guidelines ...

 

Are you sure Delfi? I believe it is illegal to make more than one call per day and more than two calls per week.

 

I may have read the protection from harassment Act wrong but I think that is the prescribed calls they are entitled to. However since when did these companies pay attention to rules and regs. They think they can flout it all.

 

many thanks for your reply

maggiebroom :)

 

They are not, strictly, entitled to any number of calls whatsoever.

 

The phone line is operated under a private contract, and you have every right to determine who may use it. Further, having sent them a telephone harassment letter, any reasonable person may consider that further calls past that may be considered harassment.

 

the harassment act kicks in after a course of conduct has occured, which is 2 occasions. After that, they may be deemed to be harassing you by the court.

 

Strictly speaking, the conduct is both illegal and unlawful, although the illegal part (the offence) is dealt with at a summary level akin to what happens when your dog does a nasty on the path which you don't clean up.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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This gets more bizarre ... when they phoned my wife's phone last week she persuaded one of them to write ... or so we thought ...

 

Today I get a second class stamped envelope ... a pastel blue envelope of the sort used to send birthday cards. Large flap and the front with a label addressed using the Comic Sans font (apt huh?). There was a card inside it ... telling me in large red writing to urgently call Mercers on xxxxxxxx.

 

Which bit of 'I will only correspond in writing' did they not get? We're back to the whole point of this thread.

 

It must be costing them a fortune in 'stupid juice' to employ this lot.

 

On a serious note though, this looks like an act of an individual as this is clearly not office stationary. Are they actually geared up to do any writing?

 

D

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I have found out that NTL is fine to use but I have an 0208 London Number although I live in Essex and there is no sipgate number for my area. I have emailed sipgate to see what I have to do now.

 

maggiebroom

DCAs aren't geography & telecomm area code experts.

If you get a reasonably close area code they will never guess.

 

I live in essex but have an 0207 areacode for voip so that its a local call from london (I use it like a proper phone). The voip/sipgate number does not have to correspond with your bt area code.

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DCAs aren't geography & telecomm area code experts.

If you get a reasonably close area code they will never guess.

 

I live in essex but have an 0207 areacode for voip so that its a local call from london (I use it like a proper phone). The voip/sipgate number does not have to correspond with your bt area code.

 

I think I have got this wrong and that I need to get this VOIP thingy. I tried for a Braintree number and that was rejected so perhaps I need one nearer to home (Barking) I don't know. I shall have to wait until their help dept, replies.

 

thanks anyway

 

maggiebroom :)

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Strictly speaking, the conduct is both illegal and unlawful, although the illegal part (the offence) is dealt with at a summary level akin to what happens when your dog does a nasty on the path which you don't clean up.

 

How apt for Crap One. Please Please (Jumps up and down clapping hands) can I do a nasty on Crap Ones Path :D

 

maggiebroom

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So, delfi, are you still logging calls with sipgate? Are they still calling you? Have you spoken to trading standards?

 

What's happening? LOL.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Trading standards called yesterday. They're interested and are sending me a form for me to fill in so they can act on my behalf.

 

The rest of my updates can be found amongst the sipgate stuff above.

 

The most bizarre thing being the 'letter' that I got today.

 

D

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Trading standards called yesterday. They're interested and are sending me a form for me to fill in so they can act on my behalf.

 

The rest of my updates can be found amongst the sipgate stuff above.

 

The most bizarre thing being the 'letter' that I got today.

 

D

 

Yeah... makes you wonder, doesn't it... to think, all the time they spent going to the shops, could they have actually written a letter in less time?

 

Maybe you should send it back, with a birthday card in... saying " Don't call me, and I won't call you:) "

 

Or maybe not, LOL.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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This means they have nothing to say to you I guess !! Next you will get a letter with the words ring ring written over and over again and nothing else !! ...... put it in the file with all the other rubbish, will add to your case .... will be so sweet when they realise you have carried out your threat and they WILL wish they hadn't taken the we don't care or want to listen to you decision to send that to you !! Maybe you could send a thankyou card when TS have walked all over them, or a Deepest Sympathy (not) for the Loss of your £400 you have handed over to TS ....... maybe be a cunning CAGer could produce suitable cards for us to send !!!

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