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FozzCov

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  1. Also agreement has extra insurances added, Accidental Death and GAP, I heard something that the agreement may not be enforceable due to these insurances added??
  2. I have not acknowledged this as being a debt or any correspondence since 2006 when it was with the original creditor.
  3. Thanks for your quick response on this. How do they apply to the court for a charging order on a different address from where they sent the CCJ to, On what grounds would they be able to prove that's my address as its the first correspondence ive had there. They made a mistake first time round as i share the same name as my dad but obviously different D.O.B.which is why they sent the Claim Form there after searching for my name, The original Debt Defaulted in 2006 and i have lived at many addresses since then. Is this debt Statute Barred anyhow as ive received no correspondence since 2006?? The real annoying thing is the car went back so i should owe any money anyway but they wont even look into it!
  4. The claim was issued to my parents house and was only received by me after the 28 day period, My father had written in as he shares the same name as me stating they had the wrong person, By the time i was informed and had chance to respond to it personally the 28 day had passed and the CCJ had been issued. I may try to have it set aside then in that case is this an option for me as i did not get chance to reply in time as i did not live at the address? It is a Conditional Sale Agreement where by i returned the vehicle after halfway as per the terms, however the finance company still pursued me for the shortfall and then sold the debt on.
  5. I had a Money Claim issued to me from a previous creditor to my parent’s address where I don't actually live myself, as I did not respond to the claim within 28 days it has now turned into a CCJ. I have now received a letter to a property 4 weeks later which I own stating that they have made an application to the court for a charging order on this property; however the address is not the address where the CCJ has been issued and there is no clear link or evidence to even suggest this property is even linked to my parents where the original CCJ was issued. “Application For Charging Order” is the first piece of correspondence I have received at this address. Without going to much into the original debt at this stage which I don’t even acknowledge as being a debt, is it possible for them to get a charging order on a property or address which was not where the original CCJ was issued. Please can someone advise me on this? Thank you
  6. Yes i sent in the original schedule of costs you sent me last time. I have not added anything else after this.
  7. I will be in Court on Monday for another hearing to have it set aside, I have recieved two letters today from Hollis Briggs the first one is a witness statement from the original creditor stating that Go Debt have the right to recover the debt owed under the conditional sale agreement, the second is a statement of supplementary costs incured Totalling £625.94 on top of there prvious fees. it looks like they will have there own solicitor present at the hearing. Any advice would be much appreciated. Cheers
  8. Recieved a new hearing for Stat Demand to be Set Aside. It will be in about 4 Weeks time.
  9. I asked to have it set aside again as i was not present at the hearing due to not being fully aware of which part of the court i should have been in and arriving at the right part 10 minutes late. I apologised for this and asked if i could have a new hearing on those grounds.
  10. Yes i totally agree it was my own fault and this will not be a mistake i will be making again! I gave in the N244 form Tuesday morning along with the correct fee requesting a Set aside hearing, i am now awaiting for a new hearing for the Set aside. Can the new set aside hearing be dismissed on the grounds that it was dismissed first time around?? Or do they have to give me a new hearing?? Thanks
  11. Attended court today but i was 10 minutes late due to being in the wrong part of the court house, the judge did not agree to have it setaside and has awarded costs to the otherside. They told me the judge had already looked at my case but had now left. The usher said i can fill out a N244 form. any ideas as to what i put on this for? Thanks
  12. Monday 1st November, Is there anything else i need to do before court or anything else i should be taking with me? Thanks
  13. I have today recieved correspondence from Hollis Briggs Solicitors, Stating that GO DEBT are going ahead with bankruptcy proceedings they go in to detail about how I defaulted and the debt was transferred to them and that they had sent out a deed of assignment to two address neither of them being my own, at the end it says: The application, I understand from the application together with the witness statement of the applicant dated xxxxx that the applicant disputes the statutory demand on a number of purported grounds, I am advised that the court may set aside the statutory demand on one of the grounds listed as rule 6.5(4) of the insolvency rules 1986. i am advised that the matters discussed in the witness statement do not disclose sufficient grounds to set aside the statutory demand. Firstly i am advised that the matters complained of relating to the statutary demnad cannot be said to make that statutory demand so confusing and misleading that, having regard to all the circumstances, justice requires that it should be set aside. the applicant is perfectly aware of his obligations for some time. the applicant does not point to any prejudice suffered by him at all. Secondly, I am advised that there are no substantial grounds on which the debt due under the agreement can be disputed. the legal representative of the respondent will explain how as a matter of the law the applicants purported grounds are wholly misconceived and how in particular the cases referred to by the applicant are of no relevance here. For these reasons, it is the respondent’s position that this matter should be dealt with by way of bankruptcy proceedings rather than CPR part 7 proceedings. For all the reasons set out above, I respectfully suggest that this application should be dismissed. Signed William Rhodes MD GO DEBT...
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