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    • Hi,   I could do with some help with this one. I was in touch with Robway by phone (I know never never do that!) to check a payment whihc was recently made.   During the call they asked if I was going to make a payment on another case which had gone to judgement.   I had no knowledge of any case going through the courts but she confirmed that a judgement had been made in the middle of 2019. The case being an old BPF Car loan that had gone quiet for the last 4 years. I had moved house and sent all the new address details to all the usual places as well as some DCA's.   Robway had the wrong address, same street but different number house and all court papers had been sent to the wrong address. The CCJ is not on my credit report and had it not been for this phone call I would have known nothing about it.   Robway have out a 30 day hold on the account as I have made a complaint about the loan being mis sold, which it actually was but whether I have enough proof or not is another thing.   What should be the next step?   My credit file is not the most important thing, avoiding the bailiffs is.  (I am hoping they haven't visited the people at the wrong address, I'm not sure on the timescale after judgement that they start to visit.)   Would it be an idea to try and get the judgement set aside and if successful fight it on the basis of ineligible paperwork? (I would need to CCA Hoist again to see what they have as it has been 4 years or so since the last one from BPF which turned up a contract that was hardly readable.)   I have a letter from Robway from a few weeks ago (Pre phone call) which proves they have my correct address on file which could sway the judge to set aside.   I still have no notification about the CCJ/judgement whatsoever apart from the phone call to Robway.   You can find a link to the old thread in post 2   Many thanks for reading through this.    
    • I wouldn’t want to live under a repressive government that had a centrally controlled economy and actively suppressed dissent. Yet such an economy could bring massive resources (financial and manpower) into play.   Coronavirus: How can China build a hospital so quickly? https://www.bbc.co.uk/news/world-asia-china-51245156   It isn’t just that it is being built so quickly, but also that it is being built with infection control in mind, and means other healthcare facilities can transfer suspected cases there, retaining their capacity to treat non-respiratory illness patients.
    • I cannot see how they can issue a Court claim, if they have not issued a default notice.   You might owe a debt, but if the terms of the account require the Bank to take certain actions before they could enforce the debt in a Court, then I would suggest you study the account terms/conditions very carefully.  If you can become expert in understanding the account terms, this might come in handy, if you ever did have to defend a Court claim.
    • The key determinant to UB’s scenario is : at what point in relation to when they develop symptoms are those people infectious.   Chickenpox, for example, is infectious (by airborne droplet spread) 2 days before the rash appears. So, the patient might feel a “bit unwell / virally ill” without any specific signs, and not have sufficient symptoms / signs to allow action to be taken.   There isn’t enough data (yet!) to know when 2019-nCoV becomes infectious.   https://www.cdc.gov/coronavirus/2019-ncov/about/transmission.html   “Best guess” is when they start having symptoms of coughing and sneezing, at least that will be peak infectivity.   If they are soon to become symptomatic, how infectious is a single cough or sneeze? Nobody yet knows. Edit: hot off the press: China coronavirus 'spreads before symptoms show' https://www.bbc.co.uk/news/world-asia-china-51254523   As for “Do the Government/NHS have sufficient contingency measures in place to deal with any such crisis ?“   The Agency leading (at least for England, each of the other 3 nations of the UK has a similar body) is Public Health England. It isn’t part of the NHS per se, (but works with the NHS). It is “government”, but quasi-autonomous.  It describes itself as “We are an executive agency of the Department of Health and Social Care, and a distinct organisation with operational autonomy”.   PHE has issued guidance, both for primary care and secondary care, for (amongst other things): a) who gets tested, b) case management, and c) infection prevention measures.   Whilst more information specific to 2019-nCoV is being learnt, these are pretty much based on what we know from SARS and MERS, but I’d expect them to get “fine-tuned” as we know more.   So, there are plans.   2 factors spring to mind immediately, though.   A) Can the plans be fully implemented? Hospitals are already facing bed pressures. If demand for resources (such as FFP3 masks) soars: will supplies match demand? (Both for “total number of units available overall, over the total period of demand”, but equally importantly  “supplies deliverable on demand: what would be the equivalent of ‘cashflow’ for a bank“)   B) Availability of testing. With a small number of cases meeting the case definition, each can be tested. If 2019-nCoV becomes widespread, will the availability of testing match demand? What will the turnaround time for testing be?   Will testing matter if it becomes widespread? At the moment, there is widespread availability of testing for Flu and the most common respiratory viruses. This is useful so that they can prioritise the isolation of Flu A patients in hospital, and offer them treatment for FluA, and Mrs Bloggs who looks like they might have flu, but actually has picornavirus on a background of chronic bronchitis doesn’t get isolated and doesn’t get flu treatment once her results are back.   Will testing matter as much for 2019-nCoV? Not for treatment (as there is no specific antiviral at the moment). How about for decision on isolation? That’ll depend on how many cases there are (there may not be enough side rooms), and if testing supply can match demand.   (not quite “worst case” but “not great case”) scenario is : A) Hospital wards: not enough side rooms. “Cohort nursing” in bays (or even “cohort wards”), so Mrs Bloggs with her rhinovirus and chronic bronchitis gets put in the bed next door to Mrs Bull who has 2019-nCoV (or, even: next door to Mr Bull, if things get bad enough the ‘same sex’ rules get suspended). B) Split Emergency Departments. Non “?flu, ?2019-nCoV” go to one side, those with compatible respiratory symptoms go to another waiting area. All the respiratory symptom patients lumped in, waiting, together. I’d expect once people realised where they would be waiting they would only go if they really had no other choice ...... On the plus side, much was learnt from the SARS outbreak, so they are better informed than when they first faced SARS
    • You don't get a good deal from the USA, look at all the tech we gave them during and after World War II, then they tried to stop us using the tech we invented and provided to them.
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MrsDP

Called to magistrates court re. my car being hit from behind

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I was hit from behind by a van a few months back. I pulled over, and as did he. The guy stepped out of the van and was being very aggressive towards me and so i gave up asking for his details and just left. His van was damaged mostly all around from where i could see (i didn't see the back of it). In my rush and frustration i neglected to get the licence plate - mistake 1. I just thought that the damage was mainly to my car, and obviously it was his fault and he didn't want to pay. I didn't think it was worth getting into an argument about with someone who obviously was not going to be reasonable.

A couple of weeks after I had a visit from a police officer asking about it all and wanted to take a statement from me. When we got to the station i explained what had happened and asked him why I had to give a statement. He told me that the van driver had come in to log the accident and told them that I was at fault and that he had a witness. I explained that the damage is on the back of my car as i was hit from behind, and that there was one man in the van when it happened, no one else came to the side of the road when he came out shouting etc... The Police officer said that not reporting the accident is a crime. He understood that it wasn't my intention not to report it but just that i didn't know i could. I didn't think anyone could help with things like that, no one was injured or there wasn't anything to report like an emergency, now I know that i was wrong to think like that - mistake 2. He said not to worry about it and that they are just following procedure and I may hear back but I may not hear any more.

 

I suppose I want to ask if there is anything really to be concerned about here. I have just received a date to go to the magistrates court. I have contacted a solicitor for advice and am awaiting a appointment date and time, I don't know whether i just need to take advice or if i need a lawyer to go with me. Also in the months that have passed I have fixed the back bumper of my car (before the letter came through) as the parking sensors were not working right. I took a number of pictures of the damage on my phone a few days after my car was hit and still have those.

 

Is there anything i should do or think about doing? Sorry i know I sound clueless, I don't really have anyone to ask and have only been driving for 2-3years. It says on the letter that I may get points, a fine and even a ban. I just don't see how someone can lie so much and take it this far via the police, and now to magistrates court. Any help or advice will be appreciated. Thanks.

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Unfortunately, failing to stop and report an accident (which covers the whole process) is absolute, and in your case it is the fact that you failed to report the accident to the Police as soon as practicable but in any case within 24 hours that is causing the problem.

 

If you have not yet received a summons through the post, then hold fire and see what develops. The CPS must lay information before the courts within 6 months of the alleged offence otherwise it becomes time barred and struck out, and therefore nothing more to worry about.

 

If you receive or have already been summonsed, then you have 2 or 3 options.

 

You can instruct your own solicitor, but obviously there will be costs involved, however he/she will have time to study the case papers and prepare a suitable defence depending on how you intend to plead.

 

Or

 

You can use the services of the duty solicitor at the court, however you will be one of a number of people he/she will be assisting and so will not have that much time to review your case and prepare an appropriate defence.

 

Or

 

You could represent yourself, and use the circumstances for your failure to report as your mitigation, which will carry some weight weight with the court, but it would depend on how confident you would be addressing the magistrates.

 

It is also worth looking at your breakdown insurance, motor insurance or even home insurance because if you have legal expenses insurance, that may well cover you being able to instruct a solicitor through one of those policies, as unfortunately you would not be able to get legal aid

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Hi T.C. ,

 

Thank you very much for your reply and advice.

 

If you have not yet received a summons through the post, then hold fire and see what develops. The CPS must lay information before the courts within 6 months of the alleged offence otherwise it becomes time barred and struck out, and therefore nothing more to worry about.

 

The incident happened on the 26th of January 2012 and the magistrates court date is for the 9th of August. Does this now mean that the time in which this can be taken to court has passed?

 

I have received the summons letter (dated 2nd July 2012, though for some reason I only received it last week), and have contacted a lawyer for advice - I spoke to his secretary today about representation after reading your message and they have moved my appointment for initial telephone advice forward. I have also got in touch with my insurance after contacting the police officer today, as I now have all the details for the van driver including licence plate, insurance etc, the relevant department will contact me tomorrow now from my insurance company.

 

Thanks, again.

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The incident happened on the 26th of January 2012 and the magistrates court date is for the 9th of August. Does this now mean that the time in which this can be taken to court has passed?

 

 

Unfortunately No. Providing the information is laid before Magistrates within the 6 months (in affect advise the court of a pending prosecution) the summonses can still be issued up to several months after the information has been laid and still be legal.

 

It is not uncommon for cases to appear in the court up to 12 months after the alleged offence, and whilst the CPS do have their faults, it is very rare for them not to comply with procedural issues.

 

Speak to your solicitor, hopefully he/she will be able to help you.

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Unfortunately No. Providing the information is laid before ...

 

Speak to your solicitor, hopefully he/she will be able to help you.

 

Hi T.C. ,

 

Thank you for clarifying and the advice. I really appreciate it. Now I will just have to wait to speak to my solicitor.

 

Thanks, again.

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