Go Debt Statutory Demand

[tanglewood01]

Hi all.

 

I've been helping a family member out with a debt.

 

The company who I've been in touch with are Go Debt.

 

They've been playing dirty so there was no way I was going to let him roll over and play their game.

 

Just as an idea..

 

.They were harassing him on the phone, even calling his workplace and disclosing they were chasing him for a debt and were considering forced bankruptcy!

 

They have also told several lies, and created letters to try to cover their tracks.

 

They tripped themselves up with dates which proved the letters were produced after the fact and never sent.

 

Now, so far as I can tell, there has not been a Notice of Assignment (NOA).

 

I requested this and they sent me the wording of a NOA that anyone can copy and paste off the internet.

 

I wrote back and explained this was not sufficient.

 

This was the last I heard from them until my family member was served with a Statutory Demand (Section 268(1)(A)).

 

Why on earth would they do this when they have still failed to respond to my perfectly reasonable and legal request for the Notice of Assignment!

 

The SD seems legitimate and has the details of the relevant court.

 

So please, any suggestions on next steps? Would it be best to apply to the court for it to be set aside?

[dx100uk]

YES!

 

i'll move this to the legal forum for you.

 

tell us the details of the debt please as well

 

dx

[citizenB]

You need to get this set aside - you have 18 days in which to do this.

 

First of all, you must phone the court mentioned on the Stat Demand to ensure that they do actually deal with Bankruptcy/Insolvency cases.

[tanglewood01]

YES!

 

i'll move this to the legal forum for you.

 

tell us the details of the debt please as well

 

dx

 

Thank you DX.

 

The debt was originally with "Private & Commercial Finance Co. Ltd." before Go Debt claim it was assigned to them in August of last year.

 

The outstanding balance is in the region of £6,500.

 

This family member was involved in a destructive relationship at the time the finance was taken out and was also suffering mental health problems.

He really shouldn't have been given the finance in the first place due to his mental state and as I can't see how he could have realistically afforded the repayments anyway.

 

I need to find out for sure but I think it may be getting on towards the 6 year mark which would explain Go Debt's behavior.

 

It was early September 2011 when I became involved after Go Debt started harassing him.

 

Due to his health, I had him sign a document assigning me as his appointee in the matter.

 

In my very first letter, I made it clear they were not to contact him at all and that we would not entertain any phone communication.

After they repeatedly failed to provide a Notice of Assignment, I left the ball in their court to do so at the end of September.

 

I heard nothing more until my family member bought the SD to me.

He informed me at that point that they had again been harassing him by phone for some time

- this despite me making it quite clear they were to communicate with me only and in writing only.

 

It seems to me that knowing they were not going to push me around, they reverted to their dirty tactics.

 

Another concern he has, and one I'm not really clued up on is any potential impact on his new partner.

 

She has nothing to do with the debt but they are now living together and he is really worried about this so any advice on his position in this regard would be greatly appreciated.

 

You need to get this set aside - you have 18 days in which to do this.

 

First of all, you must phone the court mentioned on the Stat Demand to ensure that they do actually deal with Bankruptcy/Insolvency cases.

 

Thank you for this, I didn't know I needed to check so this could save me a trip! Do you know if it is 18 working days or all?

[dx100uk]

a quick check of his CRA file might help on things like dates and payments .

 

 

dx

[citizenB]

You do need to check if the court they have on the form deals with bankruptcy - if they dont, then you will have to find the nearest one that does as that is where you will need to submit your set aside.

 

I have posted up some threads with information that will help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349081-Lowells-Hamptons-SD-***-WON-WITH-COSTS-***&p=3914658#post3914658

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***&p=3914655#post3914655

[citizenB]

I have also left a message on one of the threads I have linked above and asked if khemist would look in on you.

[tanglewood01]

I have also left a message on one of the threads I have linked above and asked if khemist would look in on you.

 

Thank you for that. He received another letter yesterday. It's a warning that if they go ahead with the "Statutory Demand in Bankruptcy", costs in the region of £1000 will be added to the debt". Now, is it me or is this nonsensical! If he was made bankrupt, it's not like they'd be getting it! He doesn't have any assets which wouldn't be protected (car for work).

[postggj]

"Private & Commercial Finance Co. Ltd."

 

i take it this was for a car loan

[tanglewood01]

"Private & Commercial Finance Co. Ltd."

 

i take it this was for a car loan

 

Close, a motorbike

[postggj]

`where do i begin

 

yes car/ welcome finance all over again

 

do you have a copy of the agreement

[tanglewood01]

`where do i begin

 

yes car/ welcome finance all over again

 

do you have a copy of the agreement

 

I have a copy and I'll post it shortly. I've had a letter back from them confirming they will not proceed with the SD, while my dispute is investigated. They have still failed to provide a true NOA

Edited August 1, 2012 by tanglewood01
Tried to delete attachments when I realised they were in the wrong order!

[tanglewood01]

Sorry for the wonky docs - this is how I received them...

TW.pdf

Edited August 1, 2012 by tanglewood01
Missed some censoring!

[postggj]

may i ask

 

where is the actual credit agreement????

[citizenB]

squaddie, is that not it above ??

[postggj]

may i ask what year is the agreement dated

[tanglewood01]

may i ask what year is the agreement dated

 

The agreement is from the early part of 2007. The last payment was made in the middle of 07.

 

I thought this was/is the Credit Agreement?

[postggj]

sorry to confuse you

 

i am thinking along the lines of things a credit agreement needs to have such as perscribed terms

 

what insurance crap such as ppi did you have

[tanglewood01]

There is nothing on the credit agreement to suggest he had any type of PPI. I did ask him at the time things went pear-shaped with his life and he said he didn't have any.

[postggj]

i can see credit protection insurance under optional credit protection

 

the bit has been blacked out, were any figures put in there

 

same with the gap

 

these insurance products were sold on condition of acceptance for the finance

 

it was where the saleman made their money in commission

 

these agreements were allways sold with the rip off insurance products

Edited August 1, 2012 by squaddie

[citizenB]

The agreement is from the early part of 2007. The last payment was made in the middle of 07.

 

I thought this was/is the Credit Agreement?

 

I am a little concerned about this time line.

 

Agreement entered into beginning of 2007 - defaulted around early part of 2007.. in between times, a default and assignment has taken place ?

[postggj]

The debt was originally with "Private & Commercial Finance Co. Ltd." before Go Debt claim it was assigned to them in August of last year.

[dx100uk]

ohoh GAP & PPI how unusual squaddie.......

 

just like old times

 

 

dx

[tanglewood01]

i can see credit protection insurance under optional credit protection

 

the bit has been blacked out, were any figures put in there

 

same with the gap

 

these insurance products were sold on condition of acceptance for the finance

 

it was where the saleman made their money in commission

 

these agreements were allways sold with the rip off insurance products

 

One of the figures is on there, but neither GAP Insurance or Credit Protection were taken out. I was being overly paranoid so I censored everything!

[tanglewood01]

ohoh GAP & PPI how unusual squaddie.......

 

just like old times

 

 

dx

 

I think the most laughable part is that I'm guessing neither was taken out as he couldn't afford the repayments on the finance, never mind any protection on top!