Godebt./Threatening Stat Demand

[laughatjones]

i recieved a letter today, giving me until today(!) to pay a debt that i dont think godebt own. ive sent off a cca last year- no reply, asked them not to phone me, but to write only- ignored. so ive sent them again, signed for delivery.

 

basically, todays letter threatens a stat demand under sec 268 1 a of the insolvency act 1986, it says it includes a judgement with the letter - it doesnt.

 

it also says in the letter that they will issue a 6.2 post judgement stat demand. do they have to hand this over to me personally, or can they put it through the door or hand it over to anybody in my house?

 

i originally made an agreement with the original creditors to pay a set amount each month, which ive stuck to, but they have passed the debt, it seems, to godebt anyway.

 

many thanks for all the letter templates and the explanations of the so called threats, it puts my mind at ease to see how incompetant they (dca's) are.

 

just realised this is in the wrong section

 

i recieved a letter today, giving me until today(!) to pay a debt that i dont think godebt own. ive sent off a cca last year- no reply, asked them not to phone me, but to write only- ignored. so ive sent them again, signed for delivery.

 

basically, todays letter threatens a stat demand under sec 268 1 a of the insolvency act 1986, it says it includes a judgement with the letter - it doesnt.

 

it also says in the letter that they will issue a 6.2 post judgement stat demand. do they have to hand this over to me personally, or can they put it through the door or hand it over to anybody in my house?

 

i originally made an agreement with the original creditors to pay a set amount each month, which ive stuck to, but they have passed the debt, it seems, to godebt anyway.

 

many thanks for all the letter templates and the explanations of the so called threats, it puts my mind at ease to see how incompetant they (dca's) are.

Edited January 11, 2010 by MARTIN3030

[MARTIN3030]

Ok thread re-titled and moved here.

You will see a few others in this forum relating to Godebt.

Do NOT contact them by phone or email.

[palomino]

it also says in the letter that they will issue a 6.2 post judgement stat demand.

 

Err, what judgment? What is a '6.2 post judgment statutory demand'?

 

It sounds like they are trying to confuse you with legal terms. Or perhaps trying to confuse themselves.

 

Alternatively there might be a CCJ lurking around somewhere that you are not aware of.

[MARTIN3030]

Forms typically used in the statutory demand process

 

1. Form no: 4.1
   Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
   
2. Form no: 6.1
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
   
3. Form no: 6.2
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court
   

[MARTIN3030]

"i originally made an agreement with the original creditors to pay a set amount each month, which ive stuck to, but they have passed the debt, it seems, to godebt anyway."

 

 

So has the account been sold that you know of ?

 

Who is the original creditor ?

Seems there are breaches here of OFT guidelines,and possibly others.

[palomino]

Martin, I'm well aware of ordinary statutory demands. I haven't even heard of 'post judgment' ones though.

I think you have confirmed that the letter received by the OP was bush legalese intended to frighten.

[MARTIN3030]

Yes they have worded it to suit themselves.

[MARTIN3030]

Ask them for proof of their entitlement to collect,ask them to send you a copy of their complaints procedure too.

Copies of any Comms you have already sent,together with proof of posting should be kept together to provide to your local TS.

[laughatjones]

"i originally made an agreement with the original creditors to pay a set amount each month, which ive stuck to, but they have passed the debt, it seems, to godebt anyway."

 

 

So has the account been sold that you know of ?

 

Who is the original creditor ?

Seems there are breaches here of OFT guidelines,and possibly others.

 

 

im unsure if the debt has been sold to them, the original creditor was tradepro.

no surprise if theyve broken oft guidelines as they seem to use the bullying tactics and no others!

btw, i have other debts that have alll agreed to my repayment proposals, what happens to them if godebt bankcrupt me?

thanks in advance

[MARTIN3030]

To be honest I am not sure where those other debts would stand-or at least dont want to comment under uncertainty.

Have you seen your credit files recently ?

Its likely to be showing there (or should be) who the debt is with.

If its the case that the debt/account was assigned (sold) then you had a right to be informed-in fact they had an obligation to tell you.

How much was the debt for and what were the payments to Tradepro-how much is outstanding and when was the last payment,and how was payment being made ?

I will see what I can find out about Tradepro.

[MARTIN3030]

Interesting read here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134793-beware-trade-pro-adds.html

 

 

Have you got your statements which show how the arrears built up ?

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/219434-tradepro-rip-off-charges.html

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/132573-cdc-adding-850-account.html

[MARTIN3030]

It really does look like you are very likely to have a big proportion of charges based on others we have seen on CAG.

If you dont have statements or a breakdown of the account balance,then I would suggest a SAR to Tradepro seeking not only account info,but also copies of any comms with third parties and recovery agents.

To me from what you say it looks like bothy Tradepro AND Godebt are in breach of recognised codes of practice.

[MARTIN3030]

I would not advocate ignoring these demands or threats,but instead take them on and turn the tables.

[laughatjones]

To be honest I am not sure where those other debts would stand-or at least dont want to comment under uncertainty.

Have you seen your credit files recently ?

Its likely to be showing there (or should be) who the debt is with.

If its the case that the debt/account was assigned (sold) then you had a right to be informed-in fact they had an obligation to tell you.

How much was the debt for and what were the payments to Tradepro-how much is outstanding and when was the last payment,and how was payment being made ?

I will see what I can find out about Tradepro.

 

i will look into my credit file today, i received no assignment letter that i am aware of, the debt stands at 3800 from an original 3100. as my income was low i offered £1 payments which were accepted. Payments have been made through various methods, dependant on what money i had left in a certain month, sometimes bank credit, other times cheques and sometimes postal orders. last payment was last month.

[laughatjones]

ok, according to my credit file, this debt was subject to a ccj on 19th july 2007. ive received no paperwork for this. the amount is 3822. apart from that it doesnt appear on the 'account info' section of the report.

godebt have done a search on 5th jan 2010 as an 'unrecorded enquiry'

[42man]

If it was me in your situation, then I would SAR the original creditor, I would also get in touch with the courts to get the paperwork, you can find out here - CCJs, court orders & fines - Search yourself and others - Trust Online (if you don't know which court it was) And you must report them to the OFT..!!

[laughatjones]

sending the sar today, theyve -godebt-received my cca and contact by writing only letters according to the royal mail, and i have a print out from their website for proof. it feels like the net is closing on them!

should i wait for them to make some more basic error before reporting them to oft?

[MARTIN3030]

You have enough already,although you might have to exhaust their complaints procedure first.

Asking for a copy of their complaints procedure quite often sees some sorts of results,simply because they KNOW why you are likely to be asking !

[laughatjones]

oft involved now, and say that they have received numerous similar complaints concerning godebt and their ways....

looks as though theyve broken another rule, by sending a 'collections agent' whilst the debt is in dispute, telling my neighbours that i am in debt and 'is that his van'! cheeky fecks! luckily all my neighbours are the kind of folks that will say they dont know who lives at my house! interestingly its the same collector they sent for my neighbour whilst chasing his debt. ive bought a little video camera to tape him when he calls again. gotcha.

[laughatjones]

btw im in the 21 days to comply period, before the bancruptcy proceedings start. in a way im looking forward to it as it will wipe out the rest of my debts, although the creditors are happy to receive ANY payments. ive taken legala dvice now and the situation is looking ok so either way its a win win situation