go debt

[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.

[palomino]

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.

 

No. You did not have the SD set aside so they can now petition for your bankruptcy. It's as simple as that.

Any issue or dispute had to be dealt with at a set aside hearing.

 

If you did not open the letter that was left on your doorstep how do you know it was a statutory demand?

In any case, assuming it was a process server, he will swear an affidavit (if he has not already done so) that the SD was properly served. It's your word against his - and he is the one with supposed track record.

[jonimac]

I recieved a letter from them claiming that no further action would be taken while they investigated the dispute therefore i took no action regarding set aside

[jonimac]

also the process server is on my cctv that shows him dropping the document at my doorstep, and the reason i know that this is what it was is because he told me

[palomino]

But that doesn't mean they can't take any action. You are simply relying on their word that they won't.

[jonimac]

it is their word in writing after i complained to the csa they stopped pursuing me while investigating they then came back and admitted that their figures were wrong , surely you have to get your facts right before you can claim

[palomino]

I understand what you are saying. Sadly the law doesn't always work.

At the moment the Statutory Demand is extant because it wasn't set aside. That means they can now lawfully petition for your bankruptcy.

The indications are that they won't in your case, however my (very) bitter experience with creditors suggests otherwise. As far as a creditor is concerned there is no such thing as 'goodwill'.

 

As a suggestion you could write to them in reply to the letter saying no action will be taken asking them to withdraw the SD. If they will agree to this then any bankruptcy petition will go nowhere.

 

None of this stops them from issuing another SD at some time in the future, although they cannot issue a second within a certain time of issuing the first (not sure - may be six months?).

I'm not trying to scare you you, rather to make you aware of the possibilities so you do not get any unpleasant surprises further down the line. Forewarned is forearmed, as the old saying goes .

[jonimac]

thanks, i have emailed them and pointed out to them that no further action was documented

[Undercover-Elsa]

Hi Jonimac,

Further to the excellent advice above, you'll find lots of useful info on SD's and BR petitions on this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

Hope this helps, good luck,

Elsa x

[gdk2711]

FOR JONIMAC

MY BlOG IS YES CAR AND CHARGING ORDER

COME THERE AND I WILL GIVE YOU SOME DETAILS ASWELL

The guys on here helped me and then i sorted everything from there

[jonimac]

hello,

i have engaged stephensons to deal with this for me now

[Undercover-Elsa]

Hi Jonimac,

Hope it all gets sorted out for you.

Will you keep us informed on your progress, in case it helps others - and just to chat if you need any moral support:)

kind regards,

Elsa x

[jonimac]

ye will let you know the progress