Go Debt Statutary Demand Pre Dated, Please Help

[postggj]

Rule 6.4

 

Form 6.5

Witness Statement in Support of Application to Set Aside Statutory Demand

 

 

(a) Insert name address and description of person making the witness statement

I (a)

 

 

 

 

 

 

state as follows:

(b) Insert date

1. That on (b) 10/10/2010

the statutory demand exhibited hereto and marked “A” came into my hands.

 

2. That I ©

 

Believe that the statutory demand does not comply with the rules of insolvency in that the defendant has been unable to contact the person named for the creditor on the demand.

A MR STUART BARNS

 

The defendant has tried to contact the person named on the demand on three separate occasions. This is in contravention of rule 6.2 of the insolvency act.

 

The alleged creditor has failed to enclose a copy of the alleged agreement, default and termination notice, and statement of account with the demand.

 

The defendant has informed godebt that the agreement is in fact unenforceable due to the agreement lacking prescribe terms. The alleged creditor has failed to investigate this dispute and give the defendant the opportunity to elevate the dispute to the financial ombudsman service. The alleged creditor is circumventing normal procedure of the county court in debt collecting and using the insolvency service.

 

The alleged creditor has failed to include any deed or notice of assignment to confirm the alleged creditor has the legal right to issue the demand. This is in contravention of the law of property act 1925 and the alleged creditor has failed to state if the assignment is absolute or equitable.

 

The defendant draws the courts attention to WILSON V FIRST COUNTY TRUST.

 

The Wilson case made it clear that in the absence of an agreement, the creditor was unable to enforce the agreement due under ordinary contract law regardless of whether the creditor was able to prove the debt existed or not. As this was a house of lords decision, is binding.

 

 

 

 

COSTS

 

THE DEFENDANT REQUESTS AN APPLICATION FOR COSTS ON AN INDEMNITY BASIS.

THE DEFENDANT DRAWS THE COURTS ATENTION TO A MR JUSTICE WARREN

AND HAMMONDS (A FIRM) V PROFIT USA LTD 2007 EWHC 1998 CH

 

HE CONFIRMED THAT THE INSOLVENCY SERVICE SHOULD NOT BE USED AS A METHOD FOR DEBT COLLECTION WHERE A BONA-FIDE DISPUTE IS IN PLACE,

WHERE IN EXCEPTIONAL CASES, THE COURT SHALL DISMISS A PETITION AND AWARD COSTS AGAINST THE PETITIONER.

Statement of truth

I believe that the facts stated in this Witness Statement are true.

 

Full name ………………………………………………………..

 

Signed…………………………………………………………….

 

Dated……………………………………………………………..

[postggj]

Ill send the complete forms to you with your personal details by email atachment

 

now make two copies and go to your local county court.

When you go in, see the court clerk and say you need to swear an affidvit

 

its free

 

job done untill the court then contacts you

[FozzCov]

Excellent ill keep everyone updated, Thanks very much to everyone who has helped me.

[postggj]

please confirm you have my email atacments

[FozzCov]

Having problems opeing them can they be sent as a PDF?

[postggj]

what ill do is print them off, scan back into my pc and save as a pdf file,

 

ill then send them on to you

 

ill do it tomorow at work

[postggj]

ive resent them

 

if still not clear enough ill use the printer at work

 

let me know

[FozzCov]

Yes all recieved and printed off, they look ok to me I will attend court in the morning to hand them in. Do i include a copy of the Statutary Demand also or will they have a record of this already? Thanks

[postggj]

yes

 

make two copies of each

 

you will swear the affidavit and then its a waiting game

 

this will be godebt stat demand number 24 for me:lol:

 

they dont like me very much

[FozzCov]

Sorry another Question Regarding 6.4 doc where it says:

 

attend before the Registrar/District Judge as follows:–

 

Date

 

 

Time

 

hours

 

Place

 

 

Who fills in this part is it done when im a court with regards to dates etc?? Thanks

[postggj]

Leave blank

 

the cout will fill that in and return it to you at a later date

 

all you have to do is take the forms into court

 

swear the affidavit in front of a court usher, then sign and date the forms

 

thats it

[2Grumpy]

Any more info from the auction house?

[FozzCov]

Still no Joy with them as of yet, they are now run by another company, im going to go to my parents house to try and dig out the paperwork as i thonk its still there!

[FozzCov]

I swore the Afidavit yestersday and have my own copy of everything also so i will wait for a reply.

[postggj]

HI FOZZCOV

 

FEELING BETTER NOW THAT YOU ARE IN FULL CONTROL AND NOT GODEBT:lol::lol:

[FozzCov]

Im feeling much better after all your hard work and help, thanks alot

[FozzCov]

I have today recieved correspondance from the court, giving a date when the application will be heard with an estimate of 20 minutes in just over a weeks time, The creditor is to send the debtor and the court a written response 3 clear days before the hearing.

 

Do i need to attend on this date and what will they respond with before the hearing??

 

Thanks

[postggj]

Wow

 

that was quick

 

what you will get now from godebt is a letter stating they will withdraw the sd with no costs

 

go to hell

 

victory number 24 comming up

 

pm me the date of the court hearing and ill do you a scedule of costs to hit these cretins

 

if they phone

 

hang up

[FozzCov]

Just sent you a PM thanks

[postggj]

Two to three days before the hearng you send godebt and the court a scedule of costs

 

lets make them sweat and give it to them at the last minute

 

yes you will have to go to court but i can assure you that it will be in and out

 

the judge would have made his/her mind up on the set aside before you go in

[postggj]

Seems ime now going to do the scedule of costs

 

lets think of any extras:-)

[postggj]

error

[postggj]

scedule of costs (summary assessmant)

 

claimant joe bloggs

 

defendant johhn ssmth

 

date xx/xx/xxxx

 

claimed under rule 48.6 at £9.25 per hour

 

work done and preporation of documents

 

date of work description of work length taken

amount claimed (£)

 

(minutes)

 

24/10/2010 law of property act 1925 600 £92.50

 

drafting of witness

statement 120 £18.50

 

considering defendnts/

claimants reply/defence 60 £0.25

 

preparing court bundle 60 £9.25

 

drafting statement

of costs 60 £9.25

 

attendance at court 60 £9.25

 

other fees special/recorded deliver 2 x £1.15 £2.30

 

total preparation time 960 minutes at £9.25 an hour £148.00

 

total other fees £2.30

 

grand total claimed £151.18

 

 

 

ROUGH DRAFT ON STATEMENT OF COSTS

 

NEED TO ADD A BIT MORE

 

COMMENTS PEOPLE

[postggj]

600 £92.50

 

thats 600 minutes or five hours at £9.25 per hour total £92.50

[FozzCov]

Hi There, Court will be next week will i usually hear from GO DEBT before then?? Thanks everyone