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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. 
    • The Metropolitan police have still failed to interview the cake which so maliciously ambushed the PM as he went about his 'lawful' business of sleaze, corruption and partying. (PM = Partying Minister)   Cressida Dick excused this in a statement claiming that the cake had been eaten, and as the complainant spreads such a vast, constant stream of s**t so far and wide, it was proving extremely difficult to locate the specific piece of evidence. She further stated that without that crucial specific evidence there could not be a case to answer.   update Dec 2079 Investigations are ongoing, and the cake is still top of the freeport state of Loondons most wanted list. In other business, The freeport states accounts committee questioned the 46 trillion loonbucks cost of the investigation to date,
    • 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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Equity Release


Thereasa Green
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Hi does anyone have any advice on this, basically a family member has a trust deed set up for my self for a property,he has a new wife/ girlfriend is it possible that they could release equity from the property with out me knowing , I have been paying the mortgage on it for 13 years, which is now quite low against the value of the property.

The Mortgage is not in my name but it is in the family members name. I would be grateful for any advice

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Hi and welcome to CAG

 

I have moved your post to the Gensral Consumer Forum

 

Saintly

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Thinking back to my equity days (which is a painful memory)....

 

The trustees should act in the beneficiaries interest only. I think.

 

Hopefully this post will prompt others to come along and correct or agree with me!

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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  • 7 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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