Yes Car Credit & Go Debt

[debt4get]

ive yet to understand why godebt are again sending out these sd like confetti..its costing them money every time...crazy

[postggj]

you know as well as me the agreements are no more than bog roll

[debt4get]

oh i totally agree on that score...just dont understand their bloody mindedness even after we have sent them letter informing them as such and yet they still try for the sd...hitting em in the pocket is the only thing they seem to understand

[RiQ123]

Many thanks for this; when I've made the necessary changes do I just hand it into the court at the latest posible date (on the Friday) or should I hand it in asap?

[postggj]

just send it to the court asap

 

remember to put the claim number on it

 

on friday and i mean friday,

send a copy to go debt by recorded delivery

[jonimac]

Hello,

New user here . I too have had problems with godebt. They have harassed me for payment of a lease agreement that they purchased. I explained to them at the start of their harassment that the account was in dispute, but arrogantly they said they did not believe that to be the case. They continued their harassment of me and sent to different process servers to my address to serve a statutory demand on my wife. I explained that we were separated and that she did not live there. After about 2 weeks I had enough of this and made a complaint to the CSA. The second process server in the meantime made a sworn statement to say that he had served the statutory demand, this in fact was a lie, it is suppose to be posted through a letter box if not delivered by hand. He threw it on the floor of my doorstep and walked away. I did not attempt to pick this up and subsequently it blew away. Once the CSA had contacted them with my complaint I recieved a letter to say they were investigating my claims and no further action would be taken. I then recieved a letter some 2 weeks later to say that upon investigations there figures wer wrong and my debt would be reduced by £1800. In the meantime they were at pains to tell me that the statutory demand they had served had run its course and had not been set aside so if I do not pay £5000 by friday they will issue proceedings. Am I right in saying that whilst a dispute is ongoing they are unable to carry on proceedings there by making there SD void aswell as not being served properly. I recieved an initial response to my complaint with the CSA but it tended to favour there client and they said it was unfounded. Godebt seem to take great pleasure in this. Does anyone have any comments on this or recommend a good solicitor. I am not disputing the debt now that the right figures have been provided but I resent the abuse and harassment I have recieved.

[postggj]

I Need To Know A Bit About This Lease Agreement

Was It A Car

Property Etc

 

When Was The Last Time Payment Was Made To The Creditor

 

And Welcom

[postggj]

Is This A Yes Car Agreement And D You Still Have The Agreement

[jonimac]

I Need To Know A Bit About This Lease Agreement

Was It A Car

Property Etc

 

When Was The Last Time Payment Was Made To The Creditor

 

And Welcom

 

Hello and thank you.

 

The agreement was up in september 09.

it was for a car lease agreement through custom fleet

we made several payments at the start of the agreement that were never allocated to my payment profile, this went on for 12 months and they never questioned it until godebt bought the debt

[postggj]

Did You Get Any Notice Of Assignment From Go Debt To Say They Own The Account

[jonimac]

Not until I requested it

[RiQ123]

just send it to the court asap

 

remember to put the claim number on it

 

on friday and i mean friday,

send a copy to go debt by recorded delivery

 

Do I send it on the Friday or make sure they get it on the Friday?

[postggj]

Send It Tomorow

 

Was The Notice Of Assignment Delievered By Registered Post To Comply With The Law Of Property Act 1925

 

I Guess Not

 

Poor Go Debt

[jonimac]

No have had nothing registered all normal post. Just wondered if their SD still stands if the figures from the original demand are different and the timescale lapse while in dispute.

[postggj]

When Was The Original Sd Given To You

 

Just Checking But I Believe They Only Have Three Months Or They Have To Do It All Over Again

[jonimac]

It was thrown on my doorstep on the 22nd of December but it is in my wifes name and they expected me to pass it on to her which as I have said it was never served properly and if it was it should of been to her and not me. the process server has signed a written statement to say he posted it through my letterbox which was not the case and he is on cctv at the doorstep

[postggj]

JONIMAC

 

CAN YOU CLICK ON THIS LINK AND START YOUR OWN THREAD PLEASE AS NOT TO CONFUSE

 

THANKS

 

Debt Collection Industry - The Consumer Forums

[RiQ123]

Send It Tomorow

 

Was The Notice Of Assignment Delievered By Registered Post To Comply With The Law Of Property Act 1925

 

I Guess Not

 

Poor Go Debt

 

Is this correct? They didn't bother posting it to me either they just pushed an envelope through my letterbox with just my name on it.

 

The Law of Property At 1925 says...

 

196 (3) (3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

I've bolded the bit which I think means that they don't have to send it via the post.

[postggj]

Give E A Link To That Will You

 

Ive Use The Lop Act 1925 Three Times In Court

Won Every Time

[postggj]

I Believe Thats To Do With A Lease Or Mortage

 

Seems I Have Some Bed Time Reading

[postggj]

GOT IT

 

Ok... well have a read of section 136 and 196 of the Law of Property Act 1925 - should tell you all you need to know about the law regarding the assignment of accounts.

[postggj]

Legal assignments of things in action

 

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

©the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a)that the assignment is disputed by the assignor or any person claiming under him; or

(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.

[postggj]

Hi, it can just be on the new owner's paper, I think the important thing that any court would look at it whether you have received notice in sufficient detail, not whether it came from the OC or the Assignee (new owner) - that doesn't seem to make any difference legally.

 

Yes, the date on the NoA should match the deed and if it doesn't, then it is ineffectual :

 

Extract from Firstdale Ltd v Gerald Joseph Quinton:

 

"The defendant's argument proceeds on the basis that under section 136 of the Law of Property Act 1925, valid notice of an assignment can only be effected if the date of the assignment is stated in the notice. This is wrong as a matter of law: see Van Lynn Developments Ltd v. Pelvis Construction Co Ltd [1969] 1 QB 607. If the notice of assignment describes the assignment by reference to a wrong date, there is authority that the notice is invalid because it has described a non-existent document: see W F Harrison & Co v. Burke [1956] 1 WLR 419 as explained in Van Lynn Developments, supra. Where a copy of the written assignment is sent to the debtor there is no question of misdescription."

 

So if a date is stated on the NoA, it must be correct (tie in with the Date stated on the Deed) but if no date is stated on the Notice, then it is still valid.

[postggj]

The Assignment of the Debt

 

 

19. If the Claimant was not zzzzzzzzzzzz Bank then it is not admitted that there was a lawful assignment. The Claimant is put to strict proof that the assignment was lawful and is put to strict proof that sufficient notice thereof was served upon myself. Without this proof the Claimant has no standing before the court.

 

 

20. The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

21. However, it is Section 196(4) that prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

22. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

23. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

 

24. Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

 

 

25. It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment including the date (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169).

[RiQ123]

I've been looking at the letters from Go Debt in a bit more detail and the numbers don't add up. I VT'd the car at the half way stage (after making 24 payments) so Go Debt should only be chasing me for 24 monthly insurance payments, but the amount they are chasing me for has an extra total months payment on top (car & insurance).

 

Would I be allowed to mention this on the day of my hearing or should it have been included on my application to get the stat demand set aside?