Citation : Go Debt (Direct Auto) Help Please

[martinm112]

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.

Edited August 14, 2009 by martinm112

[debt4get]

is this the wonderful YES car credit company?

[debt4get]

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

[martinm112]

is this the wonderful YES car credit company?

 

YES, it is.

[martinm112]

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

[debt4get]

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

[martinm112]

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.

[debt4get]

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

[martinm112]

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.

[postggj]

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

[postggj]

have a nose:-D

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204411-funding-corporation-scotland.html?highlight=postggj

[postggj]

dont pay to much attention to the case as its the funding co but it lists the procedure for defending a scotish claim

[postggj]

have a nose

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/214482-go-debt-help-needed.html?highlight=postggj

[martinm112]

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?

[postggj]

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

[martinm112]

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!!!?????

[postggj]

this is rollocks

 

unless you receive a claim form from the court i would ignore

 

its go debts scare tactics

 

ime pm a cagger who deals in scotish claims for confirmation

 

you pay do defend a claim and send it to them

 

realy

 

on the other side ime going to give you a letter to send to these sols for this information hang tight for a bit

[postggj]

monty

 

would this be appropriate to send to the sols

 

 

The Defender seeks an order for the recovery of documents and further information from the Pursuer in relation to the Summons made against the Defender. These documents are vital to the Defender in order to compile a full defence and counter-claim. The Defender requires the following information to be supplied to him forthwith and at least two weeks prior to the Return Day of 1st September 2009:

 

1. A copy of the properly executed loan Agreement in relation to account referenced xxxxxxxxxxxxxxxx and specified within the Pursuers writ, together any terms and conditions that applied to the account at the time of alleged default and at the time the account was opened.

 

2. All records the Pursuer holds on the Defender, including, but not limited to:

 

 

Transcriptions of all telephone conversations recorded and any notes made in relation to the above referenced account.

 

Where there has been any event in the above account history that has required manual intervention by any person, the Defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account.

 

True copies of any Default Notice(s), Termination Notice(s) or enforcement notice(s) that the Pursuer claims to have served upon the Defender, together with a copy of any proof of postage.

 

Details of any collection charge(s) added to the account; specifically, the date these were levied, the amount of the charge(s), a detailed financial breakdown of how the charge(s) were calculated, and what the charge(s) cover.

 

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

A genuine copy of any notice of fair use of the Defender’s data as required by the Data Protection Act 1998.

 

A list of third party agencies to who the Pursuer has disclosed the Defender’s personal data and a summary of the nature of the information that has been disclosed.

 

Copies of statements for the entire duration of the alleged credit agreement.

 

3. Any other documents that the Pursuer seek to rely on in court.

[Monty2007]

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.

 

Hi Martin

 

A few requests and questions:-

 

Please can you confirm that this is an Ordinary Cause Action?

 

Can you post up the wording of the Condescendeces (PoC equiv in England)? It should be numbered and No 1 will state that they have right of Jurisdiction and can sue your arse in Scotland (or words to that effect)

 

Have you sent a S78(1) request or SAR?

 

Have they sent you a default notice?

 

Are there any charges that they have levied on the loan/account?

 

They have terminated the agreement anyway by bringing this action against you. Does the writ have a Form O7 to complete? This is a notice of intention to defend and I guess it is why they want £80 so it does sound like an Ordinary Cause Action plus the sum involved is >£5 K.

 

Depending on the agreement and DN that you have it may be winnable. What you have to consider in an Ordinary Cause Action is that the costs can be substantial. So it will depend on what defence we can establish based on your documentation.

 

If you have a scanner then post up your docs but remove any personal and other details such that your identity cannot be established.

 

I have some experience of Ordinary Cause Actions so will try to help you and others will contribute who have more expertise of car agreements. I can help with the process and defence document.

 

Given the timeframe and that you have charges (need to quantify) then it may be worth considering filling in Form O7 and paying the £80 to defend this action. You then have a period of 4 weeks to submit a defence, there is a lot more flexibility in Scottish OCR than down south so more in the favor of a party litigant (litigant in person).

 

 

In an Ordinary Cause Action you have to serve a motion for document disclosure, it is only an Incidental Application for Small Claims or Summary Cause actions. We are not there yet but I know someone who has just done this and the case is about to collapse since the other side have been rumbled.

[postggj]

Thanks For Dropping In Monty

 

Lurning Curve For Me As Well As Its Scotish Law

 

What I Can Tell You Is As Its A Yes Car Agreement, It Will Be A Done Deal

 

The Agreement Will Be Total Crap And Thats Confirmed

[Monty2007]

monty

 

would this be appropriate to send to the sols

 

 

The Defender seeks an order for the recovery of documents and further information from the Pursuer in relation to the Summons made against the Defender. These documents are vital to the Defender in order to compile a full defence and counter-claim. The Defender requires the following information to be supplied to him forthwith and at least two weeks prior to the Return Day of 1st September 2009:

 

1. A copy of the properly executed loan Agreement in relation to account referenced xxxxxxxxxxxxxxxx and specified within the Pursuers writ, together any terms and conditions that applied to the account at the time of alleged default and at the time the account was opened.

 

2. All records the Pursuer holds on the Defender, including, but not limited to:

 

 

Transcriptions of all telephone conversations recorded and any notes made in relation to the above referenced account.

 

Where there has been any event in the above account history that has required manual intervention by any person, the Defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account.

 

True copies of any Default Notice(s), Termination Notice(s) or enforcement notice(s) that the Pursuer claims to have served upon the Defender, together with a copy of any proof of postage.

 

Details of any collection charge(s) added to the account; specifically, the date these were levied, the amount of the charge(s), a detailed financial breakdown of how the charge(s) were calculated, and what the charge(s) cover.

 

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

A genuine copy of any notice of fair use of the Defender’s data as required by the Data Protection Act 1998.

 

A list of third party agencies to who the Pursuer has disclosed the Defender’s personal data and a summary of the nature of the information that has been disclosed.

 

Copies of statements for the entire duration of the alleged credit agreement.

 

3. Any other documents that the Pursuer seek to rely on in court.

 

Hi Postggj

 

This is for a small claim or summary cause (£5 K) so documents are requested through serving a Motion. This is done through a formal process and served by a Sheriff Officer or Solicitor (in the case of a party litigant). It is easy to do but not worth doing at present.

 

Once Form O7 is submitted (notice of intention to defend) then the Defender has 4 weeks to submit a defence. Up here you can deny everything and submit a Motion at the bar during the Options hearing (directional procedure). Let's take this in baby steps.

 

If he can post up the docs and you can scrutinies the car loan then I can contribute to the process and defence.

[Monty2007]

Thanks For Dropping In Monty

 

Lurning Curve For Me As Well As Its Scotish Law

 

What I Can Tell You Is As Its A Yes Car Agreement, It Will Be A Done Deal

 

The Agreement Will Be Total Crap And Thats Confirmed

 

Hi Postggj

 

Great, we can nail this one together then!

 

Monty

[postggj]

Ditto

[postggj]

First Thing Is I Need To See The Agreement

[martinm112]

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?