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Yes Car And Charging Order ** WON **


gdk2711
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Ok

as long as the judge rules in my favour go-debt cannot chase me or harass me and the charging order and the agreement is void

and they have to remove it

that is correct, what may happen is

1 you may lose

2 you may win hopefully, and i think we have a good chance

if you do the ccj and charging order are removed, however, they can then reapply for a ccj, which YOU MUST defend, they can still ring you ask for money etc etc but if they want to enforce it they have to go back to court.. it doesnt mean the agreement is void, that is for another time and place

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the debt will be 6yrs old on the 24 march 2010 does this mean then i can go for a stature barred and then they cannot hassle me

how long will it take for them to re-apply for another ccj/charging order

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firstly this ppi letter i cant find it on your thread what does it say?

second statute barred, i really dont know where you will stand there, as in order for it to be statute barred you must not have acknowledged debt or made any payment towards debt in past 6 years..however, they have a ccj against you at the moment lets concentrate on getting that set aside first and worrying about the future when it comes up, how long it takes them to re-apply is anyone guess, could be if it is after march then we may be able to use sb'd defence along with dodgy cca, hope this helps

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charging order, remember if we manage to set aside and they reapply for ccj and they are successful at obtaining one cos remember this time you are going to defend the action, then you would have to default on the ccj first before they can apply for another charge order, hope that puts your mind at rest on that, let me know about ppi letter and what is says

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debt4get has given you really good and sound advice

 

you need to sperate the issues as i think you are trying to roll them into on

 

go ahead with the set aside as advised - this puts you back into first position and gives you the opportunity to defend any action

 

ppi - you need to so this as a seperate issue for the moment

 

i think oyu just need to deal with this one step at a time rather than trying to think ahead

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explantion of default on ccj, if you owe a company money and they take you to the county court, and you do not defend then the company obtains a ccj, the court then sets a pound figure that you are supposed to pay every week, if you do not pay, either because you didnt know or didnt want to, then the company goes back to court and says you have defaulted on your payment and as such i wish the court to try to enforce payment by putting a charge on the defendants property, which is what has happened to you, i hope this clarifies that for you? have you entered the paperwork for the court yet?

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also as ida has advised you are going down the what if route.. the best thing to do is to get the set aside sorted out first...they cant have railroaded you into a default, either it was paid or it wasnt... it couldnt have been paid because as you say you had no idea that any court action had actually taken place..hence the charging order, if we can get the set aside that puts us back to square one, no ccj no charging order..hope this makes sense

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yes thanks

i also have had some legal advice from the solicitor (the one who is helping with house sale)

He states the is a chap who deals with this type of law..

now he has stated that if go debt cannot come up with a true original copy of the agreement we can argue the case..

but i have told him i keep getting photo copys..

and according to go debt they say its legal

also i requested it again and they sent me half of a forest worth of paper work 1. was the agreement again and the other is the paperwork showing the purchase of said debt..

To be honest i have no idea what the hell that was sent for

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set aside going in tomorrow....

Wil also pass on any information from this fella i will be speaking to aswell

It may well help others in the future regarding d.a.f/ycc/go debt

HOPE IT HELPS ME ASWELL....LETS KEEP FINGERS CROSSED

 

Good luck!

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Ok keep us informed. Remember to put there are unlawful charges added to the account, every little piece of information you have will help with the set aside. So you have unlawful charges, PPI mis sold, default notice issued without your knowledge, charging order without you going to defend etc it all helps. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks

We have a new weapon now...

The solicitor who is involved in the sale of my property

Has told me of a chap who does this sort of thing and hates dca's

i am meeting with him today at 1130am 9/2/2010

i shall post details of any info relevant for our caggers

WILL KEEP YOU POSTED

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I have had a stroke of luck today

Put set aside in to court and the lady dealing with me told me a fella overheard me talking about go-debt

So i spoke to him and a very interesting chat re go-debt and ycc

Now i cannot give details yet...

BUT IF THESE PEOPLE CAN HELP ME AND WIN, WITH THERE PERMISSION

I WILL POST DETAILS

LETS HOPE GO-DEBT, GO-BUST........

Will keep you informed of outcome may be a while but i will not forget the caggers who took the time to help me.......

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I have had a stroke of luck today

Put set aside in to court and the lady dealing with me told me a fella overheard me talking about go-debt

So i spoke to him and a very interesting chat re go-debt and ycc

Now i cannot give details yet...

BUT IF THESE PEOPLE CAN HELP ME AND WIN, WITH THERE PERMISSION

I WILL POST DETAILS

LETS HOPE GO-DEBT, GO-BUST........

Will keep you informed of outcome may be a while but i will not forget the caggers who took the time to help me.......

 

Sounds like interesting news!

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Good Luck To All Caggers

Keep All Paperwork From Go-debt And Record Or Log All Phone Calls

Lets Give Go-debt A New Name People

Go-screw Yourselves Ltd

I Will Keep You Updated And Please Keep Me Updated Of Your Situation

Edited by MARTIN3030
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