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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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Hi people, i own a business and i am always a logger heads with the electric company due to the fact that their promises of saving me money are shallow if not non existant. But my problem is they have gave the the Human rights letter with a date they want to apply for a warrent to disconnect, not a problem. Now the amount they say I owe is being disputed by me and i want this to go to Fast Track, can this be done???

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Why do you want this "to go fast-track"?

 

Can you explain more about the issues?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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The issue are they use the Disconnection warrents much to their advantage, by using this this method they by-pass all other matters pertaining to the debts. Now the debt is two charges for bailiff calls costing a staggering £500, no bailiff has ever called to my business! its all been done via letters so why should i pay this. I have always paid the bills but i refuse to pay this fee. My contract ran out with them in March 2006 but this debt is blocking all attempts to change suppliers. Fast Track to me is the best place to go with disputes over money matters or is it not.

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Well certainly challenge the fees for bailiffs as these seem to be extortionate but, presuming that this would end up in court, seeking to obtain a fast-track case would put you at risk of costs should you lose whereas small claims track would not.

 

The advantage of fast-track is that the other party would be required to provide items under Standard Disclosure, but I don't think this is a must here since you are only seeking to persuade a Judge - on the balance of probability - that £500+ for 2 letters is an unreasonable amount. I wouldn't have thought you would have much trouble doing so....

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks Johni2bad, how do i go about getting it to small claims, the application for the warrant is 12th December 2006. Its not the first time i have been to court with this company, and the judicial system at this level favours the defendent. Should I turn up and explain or write to the courts? Now every time i have turned up at these hearings the guy applying for the warrent gets really moody with me telling me I have no rights to be here, and has tried to stop me from going into court. I know its my rights to turn up and defend against any warrants they try to get, so far none have been issued. Either im lucky or just tenacious .....may be both

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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To be perfectly honest Kevin, I have no experience of these events.

 

If you have a court date for this then I would certainly attend and fight them all the way, especially since the matter of debt seems to be "other costs" rather than the use of electricity.

 

If you have received any notification from the court relating to supplying documents in any form of defence, then perhaps a letter for the District Judge would suffice, explaining the position as you see it.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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That makes sense, maybe a quick call to the courts and see if they can advise, but you have been a great help, Thanks

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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  • 3 weeks later...

Went to court today and they did NOT issue a warrant for disconnection, because of the dispute but gave me to the 8th January to pay for the electric used. They are unable to refer to small claims as the sitting was to decide a yes or no to warrant issues, but its a moral win for the little guy again!!!!

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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First of all check your meter serial number and make sure that they are billing you on that meter serial number. It is on the actual metering on your premises. Secondly check your original contract to make sure that they charged you at those prcies. If there were any increases you should have been notified in writing. If they have not notified you, the original prcies stand. If they are preventing you changing to another supplier, they cannot increase their prices in the meantime. This would be illegally as basically it amounts to a penalty. The last bit is very important and may help reduce any charges incurred. Before bailiffs disconnect they need to show that you received at least three warning letters including a final demand befroe disconnection. Actually they do not disconnect but rather de-energise by removing the fuse. Hope this helps.

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Hi Surfer01,

 

Good Info there, will look into this further.

My contract ran out in march 06, there is an amount still to pay but as there is a debt i cant change suppliers because they keep blocking the move is there a way around this

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Good work so far - keep at 'em!

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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If this fee is for Bailliff's charges, (is this in respect of a Court Order?) then you should refer the Bailliffs (who are probably not Bailliffs but Debt Collectors) to their client; I don't believe that you are under any contractural or other obligation to pay their fees whatever.

 

As to the bloke trying to intimidate you at the court building itself, it beggars belief!! You are absolutely entitled to defend against a warrant application against you... what kind of justice system would it be if you weren't?! If the bloke tries this again about anything, make sure you explain his actions to the Judge - I'm pretty sure his eyes will bug out of his head on hearing that!

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