brindles V godebt

[brindles]

had a letter from go-debt ltd threatening me with bankruptcy for a £14000 debt that that is very close to the six year time limit.

 

i recieved this letter on the 23/09/2008 along with several others even including photos of my house for what they called valuation purposes.

 

i have sent them a C.C.A template letter 23/09/2008

 

15/10/2008

they have replied with the following.

 

 

 

 

 

sorry they have apeared so small but i think its clear to see this is not a credit agreement.

 

16/10/2008 i replied with the following template letter.

 

 

by anyones standards time is well and trully up.

 

i need to know what to do next. should i simply send a template letter asking them to reduce the debt to zero and remove any credit reference.

 

please help

 

many thanks

 

 

 

 

 

 

 

 

 

 

 

.

[rory32]

16/10/2008 i replied with the following template letter.

 

03-11-2008 17;16;22.jpg

 

 

Which I'm afraid is also too small to read.

 

I pressume that all they have sent you is a statement of account. Is that correct?

[ScabHunter]

Do you know exactly when it will be six years since you either made a payment or acknowledged the debt in writing?

 

Can you upload your scans to Photobucket so we can see them better? Nothing you've posted looks remotely like a CCA.

 

SH

[brindles]

ok sorry-photobucket-here i come.

 

thanks.

 

hi again

 

ok i have uploaded them to photobucket. can you tell me how i get them to appear on here please

 

thanks

[42man]

There is a photobucket guide on this thread here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161226-credit-cards-dcas-2.html

[brindles]

ok thank you. you will see how smart i am (or not) by the amount of time it takes me to work it out.

hope to have the letters here soon, thanks.

[brindles]

this was there reply to my C.C.A.

 

http://http//i494.photobucket.com/albums/rr305/brindles9/godebt1-1.jpg

 

http://http//i494.photobucket.com/albums/rr305/brindles9/LastScan2.jpg

 

http://http//i494.photobucket.com/albums/rr305/brindles9/LastScan3.jpg

 

http://http//i494.photobucket.com/albums/rr305/brindles9/LastScan4.jpg

 

and this was my reply to them

 

http://http//i494.photobucket.com/albums/rr305/brindles9/03-11-2008171622-1.jpg

 

hope this has worked. thanks.

 

mmm work in progress

 

ok sussed it. for some reason,for me, i have to copy and paste?. ok here i try again.

 

this was go-debts reply to my C.C.A. request

 

 

 

http://i494.photobucket.com/albums/rr305/brindles9/LastScan2.jpg?t=1225744916

http://i494.photobucket.com/albums/rr305/brindles9/LastScan3.jpg?t=1225745109.

 

http://i494.photobucket.com/albums/rr305/brindles9/LastScan4.jpg?t=1225745185.

http://i494.photobucket.com/albums/rr305/brindles9/godebt1.jpg?t=1225745243.

 

and this was my reply to them..

http://i494.photobucket.com/albums/rr305/brindles9/03-11-2008171622-1.jpg?t=1225745381

 

ok what i need to know is should i now send them a template letter stating i expect this debt to be reduced to zero and any credit reference removed. or should i do something else. thanks.

[ScabHunter]

So, they have just sent statements and no CCA, saying that will follow later.

 

Wait for the 12+2 days to expire, and then send an "Account In Dispute" letter.

 

SH

[brindles]

the 12+30 days is now passed. i will have a look at the letter template you suggested. many thanks. going to check my dates and let you know. just for the record these are these working days or just consecutive days. thanks again.

[42man]

Send them this by recorded delivery and don't hand sign it... -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[brindles]

thanks to you both. great advice. would be nice to ask for my £1.00 back plus costs. lol. thanks again, will send letter tomorrow and let you know the reply, if any. cheers.

[brindles]

hi,

got my dates together.

 

they received my request on the 29th/09/08. so i work it out to be 12 working days 14th/10/08 and plus 30 calender days is 13th/11/08.

 

so i will have to wait...will let you know when i send template.

 

once again, thank you very much.

[brindles]

hi again. today is the 13th.

time to send the template you suggested may be of use. thanks.

 

I will post recorded in the morning.

 

this thing is almost statute barred anyway, feb 09 was the default date but the last time i aknowleged this debt in any way was nov 02.

 

the only reason i responded to go-debt was there threat of bankrupcy proceedings. Decided to comunicate with C.C.A request to slow them down. even if they had it there is still the question of the PPI(i became unemployed.insurance wouldnt pay,so i stoped paying them.my loan was for 7000 and somehow is now 14000.the ppi was refunded to the loan company as i was not paid for one year?thought it was paid up in advance by being added to the loan amount.yes i have all the proof, i could go on) some times i wish they could produce it, i would love to see them justify the costs and the PPI issue.

 

Anyway all this will take it past feb 09 when its statute barred.

 

I will let you know there reply.

 

thanks 42man.

[rory32]

If the last acknowledgement was Nov 02 then it will become statute barred next month. The limitation runs from the cause of action (when you breached the agreement by not paying) not from when the account was defaulted.

[brindles]

yep. this is dead in the water really, i just want a formal aknowlegement from go-debt, because of there tacktics, then i can report them.

 

I mean sending pictures of my home to me saying they need this for valuation purposes and threats of bankrupcy, when they dont even have a legal right to persue this debt,then they dont have a right to hound and intimidate people.

 

i feel like reading the site rules again as im tempted to say what i am feeling towards go debt, but im not sure how many asterics are allowed.lol.

 

ok.sorry i know your busy,just letting off steam.

 

letter will be posted recorded tommorrow morning.

 

thank you very much.

[brindles]

Hi again,

I am sorry i have not updated this thread but i have been very busy with my creditcard and bank charges claims.

 

I have a final response from go-debt and that is to say they are no longer going to persue this matter and it is now closed.

 

I will update with all the communication i had with them so its clear how this happened and for others to challenge this horrible company(my opinion only) and get them out of your life.

 

Thanks for a great site.

[rory32]

Well done