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    • Part 13 of the Civil Procedure Rules sets out tge circumstances in which you may apply to set aside a default judgment.    The likelihood is that rule 13.3 applies. You will need to act quickly in making your application and you will need to show a defence that has a real prospect of success.    Consider seeking legal advice.    Rules 13.2 and 13.3 are as follows.  Cases where the court must set aside judgment entered under Part 12 13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because– (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or (c) the whole of the claim was satisfied before judgment was entered. Cases where the court may set aside or vary judgment entered under Part 12 13.3 (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why – (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim. (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. (Rule 3.1(3) provides that the court may attach conditions when it makes an order)      
    • Hi,  I'm looking for advice about an unfair parking fine. I parked and paid the £2 fee for 2 hrs and only stayed for 1.75 hrs, but only put the first half of my reg number in. I still have the ticket but Parking Eye claim I'm in breach of contract because the full reg isn't on the ticket. I've obviously appealed which has been rejected, they're threatening me with legal action if I don't pay within 14 days. This has gone on since Sept last year. Will they take me to court? Thanks in advance for any advice. 
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    • The pdf named Document 8 tfl 
    • Ahh, more unsupported piffle regarding stats ....... so, I shall again ask you to "put your money where your mouth is" (not that I expect you to be able to show that you actually understand the real world detail for that which you pontificate about!)   James Tucker appears to understand the process, but doesn't give the details, so, with your expertise, you can illuminate us.   So, for  death within 28 days of a diagnosis of Covid: Which section of the certificate would diabetes be in then, if you are saying it would be on the death certificate ? Which section do the ONS actually use when deciding what to classify as the cause of death (for creating the statistics) (So, if diabetes is on there does it actually influence the ONS stats??)   While we are on a roll: If those people are wrong to say diabetes should be on the certificate: Do you think diabetes should be on the certificate or not? If you do think it should be on there, which section do you think should diabetes be in, and why?   How about if they had Covid within the last 28 days, but had recovered, were out shopping and had a heart attack (and then a fatal cardiac arrest) in a store: same questions but for both a) Covid, and b) diabetes.   How about if they had had Covid within the last 28 days. but had recovered, were going out shopping but got hit by a bus while crossing the road, suffering fatal injuries. Same questions (again, both for Covid and diabetes) which section and why.   If you are saying people misrepresent the data : for those examples, can you correctly / accurately classify that data (all the sections of the Medical Certificate of Cause of Death [MCCD}), so that ONS can collate it and report on it correctly  ....... (as its easy to spot off about certification, but even those who actually do it sometimes get these issues wrong!)   ..... I suspect you won't be able to answer the above, and will ignore the questions or skate over them with a trite reply , but bonus questions if you can : a) which are 'unnatural deaths' (and why)? b) Which should be reported to Her Majesty's Coroner?   Don't forget, if you get it wrong on any of the MCCD's issued the way you would have it, a GRO Registrar might HAVE to refuse the MCCD (causing the Registrant distress because they can't register the death after all.......and it goes to the coroner when the family aren't expecting it.)   So, these aren't solely academic concepts A) Accurate aggregated ONS data is important for health care planning, and B) each MCCD that a Registrar has to refuse adds misery to an already grieving family.
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First contact with Apex in 3 years what to do


northernbelle
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Hi all,

 

I've read many threads about Apex chasing debts that were considered unfair, but in my case I do owe the money but need some advice as to best way to approach Apex anyway.

 

3 and a half years ago I defaulted on a bank loan so that it was taken out of my overdraft (therefore the loan shows on my credit record as satisfied but I have an account with a twenty grand overdraft which was put on hold/closed by the bank.)

 

I moved house under very stressful circumstances shortly after, and put off telling the bank my new address, then after a while just didn't ever get round to it.

 

I did get phone messages from Apex after a while which I presumed were relating to this but didn't return them. When I checked on my credit record I could see the account was with them. But my head was still in the sand so didn't contact them, then the account simply dissapeared off my credit record. I was dreading that it would turn up on the GAIN section but it never has (which is very lucky, I realise).

 

However I've now started getting calls from Apex again. I think I really need to confront this but just wondering the best and safest way to do it since I've heard they can be a bitheavy handed.

 

They won't have an up to date address for me so can't come round/threaten but on the other hand if I don't provide an up to date address presumably they can contact GAIN which would be disastrous.

 

I don't really have spare money to give them as I'm paying off other debts, it would take me about twenty years to pay off the loan at my current disposable income.

 

If I do contact them with new address, what should I ask them to send me? i.e. copy of credit agreement? Becuase I didn't give the bank my address I've never received a letter saying the account was passed to them, so I don't know what I should ask for before I offer anything.

 

Any help gratefully received. It was stupid of me just to walk away from this debt and I've been in denial for years but they could bankrupt me I suspect.

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I would send them the 'prove it' letter from the templates on this Forum and also if they do phone again get your phone company to change your number.

 

You can also report them for harrassment to Trading Standards via Consumer Direct.

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When you say that the debt disappeared off your credit record, have you made a payment or acknowledged this debt in writing in the last 6 years.

I know you said that you defaulted the account 3.5 years ago but if that was the case it should still be showing on your CRF

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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