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martinm112

Please help : Yes Car Credit / GO Debt Citation

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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.

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Hi Matin,

 

Have the sols sent a copy of the agreement etc with the citation?

 

You nede to send an Incidetal Application t get the infoyu need re the agreement, list of charges and full PPI disclosure:

 

Court Reference Number: xxxxxxxxx

 

SHERIFFDOM OF XXXXX at YYYYYYYYYY

 

 

INCIDENTAL APPLICATION

 

in causa

 

Their name as on the writ

Their address as on the writ

 

PURSUER

 

against

 

You Name as on the writ

Your Address as on the writ

 

DEFENDER

 

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 xxxxxxxxxxxxxxxxxx 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:

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

b. 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.

c. 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.

d. 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.

e. 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.

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

g. 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.

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

3 Payment Protection Insurance:

a. Who Underwrites The Policy

b. A Copy Of The Underwriting Sheet

c. A Needs And Demands Statement

d. Statement Of Price

e. Any Policy Documents

f. How Much Was Paid To The Underwriting Company

g. How Much Insurance Premium Tax Was Paid On The Single Policy

h. How Much Commission Payments Did Yes Car Credit Received In Regards to any policy

 

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

 

 

In respect whereof

 

 

Signed ......................... ......................... ...............

 

 

 

Date: xx July 2009

Your Name

Your Address

 

DEFENDER

you need to edit the above to suit

You need 3 copied and either hand to the court or send special delivery

i'll get Monty to pop in to help with your holding defense an that the IA is alright (shouldbe i knicked it from him :D)

ida x

  • Haha 1

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cheers


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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

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I would follow Monty's advice on your other thread

 

ida x


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Ida's Incidental Application 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 IMO.

 

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.

 

Have you submitted Form O7 and had a response from the Sheriff Clerk that will contain a number of dates in respect of defence, adjustments and the options hearing?

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