Thanks as always, don't know where I'd be without your advice!

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

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.

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.

cheers

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

Hi Martinm, ths is not a problem, I suggest:

 

1. File Form O7 on Monday (Notice of Intention to Defend) and then

 

2. Send a S78(1) request to the GO Debt, use a template letter from here and enclose a cheque or PO for £1, send Guaranteed Next Day delivery. See:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

They will have 12 working days to respond and you will have 4 weeks to file a defence.

 

2. Also send a SAR - will cost you £10 but take 40 days max for a response

Thanks as always, letters sent off so I'll give you a shout when I hear back from them.

First Thing Is I Need To See The Agreement

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?

what do you mean paying eighty quid to defend

 

they are claming against you

 

what does this letter say

 

can you post it up minus personel details

 

google photobucket to do this

 

use the upload link for message boards with out thumbnails option to post

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!!!?????

ive been asked to have a look by debt4get

 

first of all. you mention citation, is this in scotland

 

next, if this is a yes car agreement, the debt will be history, ime 99.9999% sure on that

 

ill get this finished for you

 

as this is prob a scotish case, please confirm, you need to send an incedential application

 

dont panic

 

ill link a thread for you

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?

have found him and left him a message to get back to your thread when he comes on line

Great, thanks! I'd hate all my hard work to be wasted for another 6 years if they get a CCJ against me.

there is someone on here who is extremely good with yes car and their agreements, I know there is a real problem with them afraid dont know the posters name will have a hunt round and see if I can find them for you

Thanks very much, any help would be great.

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.

also have you got a copy of the agreement cos if it is the same it aint worth the paper its written on

I'm afraid I dont, lost all that kind of stuff in a house fire few years ago

is this the wonderful YES car credit company?

YES, it is.

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.

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

Read this and send the request for information letter to their solicitor. Send by special delivery, print out electronic receipt off Royal Mail website. They won't answer. Make sure you return letter to court by due date, stating you wish to defend and counter claim. You are meant to give details of your counter claim, but enclose a letter like follows

In the xxxx sheriff court

between

1st credit finance ltd - claimant

and

xxxxxxx - defendant

counter claim

1 Further to the claim, on dd/mm/yy i requested the disclosure of information which is vital to his case from the claimant. The information requested amounts to copies of the consumer credit agreement, any default or termination notices, a transcript of all transactions including fees, charges, interest, alleged repayments from myself and payments made by the original creditor. Also any other documents the claimantseeks to rely on, including any default notices or termination notice, and a copy of the Notiice of Assignment required to give the claimant a legitimate right of action.

2. The claimant has refused to disclose the requested information, and as such, I do not have sufficient information to counter claim and compile and full defence to the claimants allegations at this stage. I am embarrassed. However, I would like to retain the right to counter claim when the information refereed to is made available.

3. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the dociments requested and the claimant is ignoring the overriding objective. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reasonwhy the claimant would seek to withhold this information from me.

This is the course of action i took not 1 month ago with this shower. When they realised i was defending they asked the case to be dismissed with no costs. Just seen another thread on here where same thing happenend, they chase you, but when push comes to shove they know they have no legal right to claim money from you, and avoid court and counter claim costs by dropping it.

Good Luck.

Well done. A bit like my situation with them. They'll harass and chase you, but when push comes to shove, they know they haven't a leg to stand on. Worthwhile lesson again to anyone else fighting this mob.

Phone credit company and explain your having difficulty, and ask to come to a short term arrangement with reduced monthly payments. As long as you stick to plan agreed your credit file will be fine.

How did you get on?

I'm in Scotland so i don't know if this is of any help, but I was due to go to court tomorrow, and have just telephoned court to check what time to attend, and was told that 1st credit lodged a minute stating that if i submitted a defence, the case was to be dismissed. Chancers are all this lot are. Good Luck!

Cheeky barstewards

 

and well done

Couldn't have done it without the help I got off this site, a big thanks to all who have contributed. I reckon it was the request for information letter sent to their solicitors wot done it

What amazes me is that they have been allowed to stick a note next to it saying if a defence is submitted then drop the case....If it was me i'd turn up and claim my costs !!!

Now theres an idea, the pesimist in me was telling me to go anyway, just to get something in writing.

Another thought just came to me if indeed I have won. This lot have basically been at it, hoping I wouldn't defend while knowing they didn't have a leg to stand on. Lesson here for anyone who thinks its not worth defending a claim against you.

Update, just phoned court to find out what time to attend tomorrow, and got pleasant news, I THINK.

Cerk informed me that 1st Credit lodged a minute stating that if i was going to defend the action, the case was to be dismissed with no cost to myself. She also informed me that the matter was now closed, and no need to attend.

Just dawned on me that this lot are basically at it, even in court. So basically the situation was they were chancing their luck that I would roll over, not defend, and they would win their claim without having a leg to stand on. VALUABLE LESSON HERE ME THINKS

Update as of 2 minutes ago.

Just telephoned court to find out what time to attend tomorrow, and clerk informed me that 1st Credit has lodged a minute that if I submitted a defence the case was to be dismissed with no costs to myself, and since I returned form stating i was going to defend claim, the case wouldn't be called and it was dismissed.

Stupid question, but does that mean I've won and this matter now finally closed? And will they take this off my credit file automatically, or do I need to do anything? Thanks again!