Yes Car Credit & Go Debt

[postggj]

Email Sent

[shifty7667]

Thanks Post

 

Much Appreciated....SO I TAKE IT MIGHT HEAR FROM GODEBT B4 THE HEARING NOW THEN???

[postggj]

Yep But I Would Ignore

 

We Have More Than Enough To Set Aside And You Will Then Never Have An Sd For This Debt Again

[shifty7667]

Got A Letter From Hollis And Briggs Saying They Will Oppose My Set Aside And Also A Letter For £1300 Costs

[debt4get]

usual tactic by godeb..trying to frighten you into not going for the set aside by adding large amount of costs to debt..dont worry it is in the bag

[postggj]

totally agree with debt4get

 

seen it all before

 

just ignore

[postggj]

remind me again when the hearing is

[shifty7667]

Hi Post

 

The Hearing Is On Tuesday. Do You Want Me To Send Copy Of The Statement From Mr Rhodes?

[postggj]

please do

 

let me know when you have sent it

 

do you still have my email address

[shifty7667]

Yes Mate Will Start Scanning It Now

 

Give Me 10 Mins As It Is Quite A Few Pages.

[postggj]

just shout when done

[shifty7667]

Ok Sent To Your Googlemail Acc

 

I Am Uploading To Photobucket Too I Will Sent Links

[postggj]

what a complete load of twaddle

 

clutching at straws me thinks

 

they keep going on about correspondants in 2005

 

enlighten me please

[postggj]

in point 14

 

i need to see the letter dated 18 may 2005

[shifty7667]

There Is No Letter For That Date!!!!!!

 

It Is A Typo On Thier Behalf

 

Should Be 18 May 2010.......... A Letter I Sent ( Your Template)

[postggj]

pure brill

 

i thought as much

 

i am now going for the throat

 

wait on a second witness statement

 

at the end of the day they are using the insolvency act as a method for debt collection while a dispute is in place

 

with that frack up

 

its game over

[postggj]

check back in a few hours

[shifty7667]

Ok Cool I'll Be Waiting

[postggj]

in The Xxxxxxx County Court

claim Number Xxxxxx

shifty applicant

and

godebt Ltd respondant

second Witness Statement Of

shifty

I, Shifty, Being The Applicant In This Case, Make This Witness Statement In Response To The Witness Statement By The Respondant Dated 20/07/10.

1/ The Facts In This Statement Are True To The Best Of My Knowledge.

2/ The Applicant Does Not Dispute That He Entered Into A Credit Agreement

With Yes Car Credit On The 24/03/2005 By Way Of A Conditional Sale

Agreement.

3/ The Applicant Agrees That He Defaulted On The Agreement And That The

Vehicle Was Repossessed.

4/ The Applicant Maintains That He Received No Notice Of Assignment To Comply

With The Law Of Property Act 1925, And The Applicant Requires Proof Of

Service By Way Of Recored Delivery.

5/ The Applicant Confirms That He Did Make A Repayment Plan With The

Respondant On The 6/10/2009. The Applicant Withdrew This Arangement

After Having An Audit Done On The Credit Agreement As To Its

Enforceability.

 

6/ The Respondant Goes To Great Lenghts To Points Made By The Applicant In A

Letter Dated 18/05/2005. The Respondant Keeps Quoting From This Letter In

His Witness Statement.

the Applicant Confirms That No Such Letter Was Sent To The Respondant

Dated 18/05/2005, And Asks The Respondant To Clarify This Matter.

7/ On The 18/05/2010, The Respondant Was Sent A Letter By Recorded Delivery

Stating The Reasons Why The Agreement Was Unenforceable And Putting

The Agreement Into Dispute.

8/ The Applicant Did Receive A Letter From A Sarah Burrows Which Was Dated

4/06/2010 In Response To The Letter Sent By The Applicant On The 18/05/2010.

This Letter Only Stated That They Considered The Agreement Enforceable

And Gave No Explanation As To The Reasoning For This Statement, Or Refute

My Reasonings As To The Agreements Unenforceability.

9/ this Statement Sent To The Respondant By The Applicant Explains Why He

Considers The Agreement To Be Unenforceable.

 

When The Agreement Was Taken Out With Yes Car Credit, I Was Informed I Had To Have A Shortfall Insurance Policy Added To The Agreement. This Insurance Is Known By G.a.p.

Now, As This Policy Is Included In The Charge For Credit As It Has Been Included In The Amount Of Credit.

As The Amount Of Credit Has Been Misstated, The Agreement Cannot Be Enforced As The Amount Of Credit Is A Prescribed Term; The Court Is Prohibited From Making An Enforcement Order. This Legislation Falls Under S.127 (3) Of The Consumer Credit Act 1974

This Gap Policy Needs To Be Included In The Total Charge For Credit, Not The Amount Of Credit.

The Agreement Is In Two Parts, A Conditional Sale And Credit Agreement, As They Have Been Linked; The True Cost Of The Vehicle Has Been Overstated. This Puts The Debtor At A Disadvantage Should He/she Wish To Do A Voluntry Termination Of The Vehicle.

i draw The Courts Atention To Amount Of Credit

a/ Any Deposit That Has Been Added To The Credit Agreement (insurance G.a.p.)

And Not What It Was Intended For. That Would Be The Conditional Sale Part

Of The Agreement.

b/ The Deposit Has Been Added To The Amount Of Credit On The Insurance (g.a.p.)

c/ By Doing This The Total Amount Repayable On The Conditional Sale Part Of

The Agreement Has Been Misstated, Putting The Debtor At A Disadvantage

If He/she Wishes To Do A Voluntry Termination Of The Agreement.

Section 90 Of The Consumer Credit Act 1974 Explains Voluntry Termination

And Payments Of A Third.

summary

the Total Amount And Charge For Credit Has Been Misstated.

it Will Be Prejudicial In The Annual Percentage Rate Which Will Be Misstated And Being A Prescribed Term, Makes The Agreement Unenforceable.

On More Than One Occasion, The Applicant Has Requested The Respondant Issue An N1 County Court Claim So This Matter Can Be Delt With At A Trial. The Respondant Refuses To Enter Into Any Dialogue On This Matter.

The Applicant Maintains That A Valid Dispute Is In Place On This Agreement.

The Applicant Repeats The Words Of A Mr Justice Warren.

He Confirmed The Insolvency Service Should Not Be Used As A Method For Debt Collection Where A Bona-fide Dispute Is In Place.

statement Of Truth

i Believe The Facts Stated In This Witness Statement Are True

signed

sshifty

dated This Day 22/07/2010

 

 

 

 

Dont Forget To Sign Shifty

 

 

Email Sent

 

 

comments People

good Or Bad

[shifty7667]

Wow Now Thats What I Call A Letter!!!! Thanks

[postggj]

I Was Expecting This Stance From Godebt

 

My Template Letter Has Hurt Them Alot

 

Ive Not Been Beaten Yet By Godebt And It Will Stay That Way

 

All Your Details Are Included In The Email

 

Just Remember To Sign It

[shifty7667]

Cheers For The Letter Nice One.

 

Why Do I Have 2 Case Numbers?

 

The Number The Court Gave Me Is Different To What Hollis And Briggs State

[postggj]

Interesting

 

Change The Case Number On The Email Ive Sent As Ive Taken It Off Of Hollis Briggs Letter

 

You Use The One The Court Sent You, Just Ammend To The Corect One

 

you Only Have One Case Number

 

The One The Court Gave You

[postggj]

To Be On The Safe Side

As Well As Changing The Case Number, On My Letter Under Claim Number, Put In Hearing Date

[shifty7667]

OK