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martinm112

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  1. Thanks as always, don't know where I'd be without your advice!
  2. Just for additional info if required , following are the dates I have been given - 01/09/09 is the last day for lodging defences. 14/10/09 is the last day for making adjustments to the Writ or Defences. 23/10/09 is the last day for intimating, together with your grounds, a note of any Preliminary pleas. 28/10/09 at 10.00am is the dat and time of the Options hearing. Haven't a clue about what all of this means, and its scaring me half to death, but you guys out there are a godsend, thanks again for all your help
  3. Hi Monty The condescendences are as follows, hopefully this helps. Sorry for the late call vut i was at work. Hopefully i'll can hand deliver something tomorrow. 1. The parties are designed in the instance. This court accordingly has juristiction. To the knowledge of the pursuer no proceedings between the parties are pending before any other court involving the present cause of action and no agreement exists between the parties prorogating jusristiction on the subject matter of the present cause to another court. 3. The Defender entered into a Conditional Sale Agreement with Direct Auto Financial Services Limited, numbered 4****2 dated * October 2002 whereby the defender undertook to make monthly installments of £22*.** (hereinafter "the Agreement"). A copy of the Agreement will be produced in any process to follow hereon. The Agreement was a regulated agreement in terms of the consumer Credit Act 1974. As a 4th March 2004 the defender was in arrears of the sumss contactually due in terms of the Agreement. A Default Notice under section 87(1) of the Consumer Credit Act 1974 was sent to the defender on or about 4th of March 2004, a copy of which will be produced in any process to follow hereon. The said Default Notice required payment of £455.38 within 14 days from the date of the said Notice. The defender failed to make payment as demanded and as such the Agreement was terminated. A Notice of Termination dated was sent to the defender. Said Notice of Termination will be produced in any process to follow hereon. On **th of January 2005 said Direct Auto Financial Services Limited assigned all rights to the said sums due to Go Debt Limited, copy of said Assignation will be lodged in any process to follow herein. Said assignation was intimated to the defender on **th of January 2005. Under the terms of the Agreement the defender is due to make payment to the pursuers the sum of £6,2**.**, which is the sum sued for. 4. The defender has been called upon to make payment of the sum due to the pursuers but refuses or delays to do so. This action is accordingly necessary. Plea-In-Law The defender being contractually bound to make payment to the pursuers of the sum sued for, decree should be granted as craved. Don't know if it means anything, but yes, they are numbered 1,3 and 4, don't know what happened to number 2???? And when you say "serve a copy on the Pursuers solicitor", would a copy by registered post do, or do i need to pay a sheriff officer to do it?? Thanks as always Monty.
  4. Hi guys, time for me to beg for more help! I've received nothing in the way of copy of CCA from GODebt yet, and initial defence needs to be filed at court tomorrow! HEEELLLLLLLLPPPPPPPP! I seems to recall an "embarrassed" defence somewhere on this site, should this be what I file initially? (If it is any link would be gratefully appreciated). Thanks as always! I should add again (I think) that this is only an initial defence, I have until October 10th to ammend it.
  5. Hi Ida, thanks for the above letter, it looks very official! Just so I'm clear in my own head, i hand this along with 3 copies in to the court? And do i do this instead of sending SAR reuqest to GoDebt? Thanks in advance
  6. Thanks as always, letters sent off so I'll give you a shout when I hear back from them.
  7. Therein lies the first problem , I don't have a copy. Reading other threads in this forum am I correct in thinking that I should send a CCA request to GO Debt as a matter of urgency now?
  8. Haven't got a scanner, but this is what relevant bit of Citation from Sheriff Officer says -: IF YOU WISH TO DEFEND THIS ACTION you should consult a solicitor with a view to lodging a notice of intention to defend (Form 07). The notice of intention to defend, together with the court fee of £80 must be lodged with the sheriff clerk at the above address within 21 days of twenty eighth day of July 2009. A copy of any notice of intention to defend should be sent to the solicitor for the pursuer at the same time as your notice of intention to defend is lodged with the Sheriff Clerk. Its all on the official Citation from Sheriff Officers, but first I had heard of having to pay to defend yourself!!!?????
  9. Thanks very much! Yes it is in Scotland. Just logged back on, I'll have a wee nose through the other links you've posted. So you reckon its woth paying the £80 court fee to defend this?
  10. Great, thanks! I'd hate all my hard work to be wasted for another 6 years if they get a CCJ against me.
  11. Looking for any help I can get please! Received a citation to from HBJ Gateley Wareing. This is for a debt originally for Direct Auto Financial Services in 2002 which was then taken over by GO Debt Ltd in 2005. I was paying GO debt monthly, and last September I asked them for a settlement as at the time I thought I was going to able to pay it off. When I received the figure I was shocked! I asked them for a breakdown of the sum owed, as I believed it was partially if not wholely made up of unlawful charges and Payment Protection which should never have been added as at the time of signing the agreement I was self employed ans said PPP was useless. They never responded, so I send off another letter (not recorded alas), stating that unless this was received within 7 days I would consider the matter closed and my debt settled. I never received anything back, and cancelled my direct debit to them. I have heard nothing from them till now when I received this Citation for £6218.39. Having read it, their solicitors claim to have copy of agreement, copy of default notice, copy of notice of termination, and copy of assignment to Go Debt. My options appear to be admit it and accept CCJ, or defend it, by lodging notice to defend in court along with payment of £80. I have sent Subject Access Request to their solicitors today, but was basically looking for advice as to whether I am wasting my time (and my £80) defending this? My situation is I have worked tirelessly for the last 2 years to clear up my credit account, which was admittedly shocking, and by next year, I should be clear, so obviously want to avoid a CCJ at all costs. My defence is basically that I believe the sum owed is made up of unlawful charges and PPP. I need to lodge my notice of intention to defend by Tuesday (been on holiday), so any urgent help would be appreciated. Thanks in advance.
  12. I'm afraid I dont, lost all that kind of stuff in a house fire few years ago
  13. Looking for any help I can get please! Received a citation to from HBJ Gateley Wareing. This is for a debt originally for Direct Auto Financial Services in 2002 which was then taken over by GO Debt Ltd in 2005. I was paying GO debt monthly, and last September I asked them for a settlement as at the time I thought I was going to able to pay it off. When I received the figure I was shocked! I asked them for a breakdown of the sum owed, as I believed it was partially if not wholely made up of unlawful charges and Payment Protection which should never have been added as at the time of signing the agreement I was self employed ans said PPP was useless. They never responded, so I send off another letter (not recorded alas), stating that unless this was received within 7 days I would consider the matter closed and my debt settled. I never received anything back, and cancelled my direct debit to them. I have heard nothing from them till now when I received this Citation for £6218.39. Having read it, their solicitors claim to have copy of agreement, copy of default notice, copy of notice of termination, and copy of assignment to Go Debt. My options appear to be admit it and accept CCJ, or defend it, by lodging notice to defend in court along with payment of £80. I have sent SAR to their solicitors today, but was basically looking for advice as to whether I am wasting my time (and my £80) defending this? My situation is I have worked tirelessly for the last 2 years to clear up my credit account, which was admittedly shocking, and by next year, I should be clear, so obviously want to avoid a CCJ at all costs. My defence is basically that I believe the sum owed is made up of unlawful charges and PPP. I need to lodge my notice of intention to defend by Tuesday (been on holiday), so any urgent help would be appreciated. I am in Scotland, which I know may be slightly different, but as I said above, I would be extremely grateful for any advice. Thanks in advance.
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