Go Dept advise needed please

[pcbubba2564]

well here we go people, Go debt vs ***n is in court on the 9th June 11, we will be representing ourselves, as we believe that they are trying to enforce an unlawful agreement, and thanks to all the great advise on here we are now armed with the evidence to prove this wrong in a court of law, who will hopefully see go debt for the scoundrels they really are, so wish us luck people, and we will post the outcome as soon as we are out of court. and thankyou again for all that have advised us.

P.S if anyone has anything they think may be helpful in court would be much appriciated.

[debt4get]

just one thing.....go get em and good luck

[pcbubba2564]

only 2 days till our day in court, am really nervous, as they have put together a whole folder as evidence, and im not even sure what we are going to say for our defence, they are claiming that its a lawful agreement and that we signed everything to say we agreed, oh oh oh.................................anyone want to take my place in court for me.xx

[debt4get]

just point out to judge that the agreement is unlawful as it is actually two agreements not one, which makes you disadvantaged, it give an untrue figure when you terminate contract and this alone makes it invalid......godebt are clutching at straws, dont worry

[debt4get]

look at my post 101 this gives the argument you need in court good luck

[pcbubba2564]

Hi dept4get

good to hear from you, im just having the pre court jitters I think, thanks for the support, i have just read your 101 do you think it be ok the print this off to use in court ?

[debt4get]

yes of course....i would advise taking a copy with you so you have something to read from with the case law etc.....good luck am rooting for you...

[pcbubba2564]

thankyou xxx

[pcbubba2564]

well we are back, after 3 hours in court, we still dont know, the judge has decided to consider both arguments and look at the case law before passing down any judgement. All I will say is we felt like lambs to the slaughter and that it did not go very well, as they had employed a top barrister who just kept trying to discredit out character and say we knew all along the the agreement was correct as we must have read it before we signed it and that we only waited until now too plead the unlawful case as we just did not want to pay them any money.

The barrister sumed up to the judge that if the insurance is in the wrong place then the agreement is unenforcable, also that if the deposit is wrong to be set against the insurances then the agreement is unenforcable BUT.... he stated that he wanted the judge to take into account waiver stating that because we continued with payments after the initial contact from go dept that we must have accepted that the agreement was lawful and therefore the judge should find on behalf of the claiment.

 

we believe that we have lost this case, on reflection of the summing up. If we do lose do we have a right to appeal. Also before the case started the barrister still tried to get us to agree to a payment arrangement that would be set down by the court, however we did not want to let everyone down that has been supporting us on here, so we declined the barrister then stated that as we had declined if we lose, then we will only have 28 days to pay the £8000 which includes court costs, and we dont have this sort of money, does anyone know if this is correct.

Thanks

Mandy

and sorry xx

[kd1812]

Hi Mandy, I'm sure you will have the right to appeal if you do lose. All is not lost yet, they haven't made a judgement, and as the barrister said himself, the agreement is unenforceable. You probably had no option but to pay after Go Debt getting in touch due to their questionable, vindictive and down right nasty conduct.

 

However, with my limited knowledge (i'm sure debt4get or someone will clarify) Go Debt or thier barrister do not decide who pays costs etc, or indeed when it has to be paid, it is up to the judge to decide. They will ask what you can afford to repay and Go Debt will have to accept whatever the judge decides.

 

I'm sorry it was so horrible today, will keep everything crossed for you that you eventually get a fair and correct result. xx

[maxpdaddy]

[/b]Hi mandy,

 

i've just been reading this entire thread as i am concerned im am about to find myself in this position, i had a car off these morons back in 2004/5, shortly after this my relationship broke up, i lost my job and house and became homeless for 4/5 years.... they eventually traced me back to a place that my father lives cuz thats where i was having my mail directed too.. and i know i've been receiving mail there for a couple of years at least. Now they have traced me back to my current address living with my partners parents and i've still got a few months to go before stat barr kicks in...

So sorry to hear your months of hell with these people... they obviously went out of business for a reason and i wish the remaining business would just curl up and die somewhere

 

Anyway i was just wondering if you know when you are going to know a decision or heard anymore about this... be looking forward to the update... im rooting for you to kick their asses once and for all

[postggj]

We are all waiting on this important case

 

even the judge has had to go away and consult the books on the legislation contained in the cca 1974.

 

I am of the opinion we have pulled it off and godebt are going to get a bloody nose

[debt4get]

nice to see you back again post...yeah i am hoping this judge is gonna see sense and come down on our side..even their barrister admitted that the agreement is useless..but because they been paying then they should carry on..most ludicrous argument ive heard yet

[pcbubba2564]

Hi guys thanks for all the kind words and support, we should have another court date by the end of this week, to get the judgement within 3 weeks, all I will say is even if we lose we are not giving up, we will appeal, and pay money we dont have to solicitors instead of putting any more in GO DEBTS pocket.

Mandy

[postggj]

ANY NEWS YET ON THIS :wink:

[pcbubba2564]

Hi Post

No still nothing, must be a big book that judge is reading to consider lol.

Mandy

[pcbubba2564]

Hi Post and det4get,

 

We have just recieved a letter from the court informing us that the Handing down hearing is at 09:30 on Monday.

 

Mandy

[postggj]

lets have the baloons and shampoo ready

[debt4get]

ditto

[pcbubba2564]

Well here we go, off to court for the handing down verdict, im so nervous, really dont know what we are going to do if we lose, dont have the money to pay, I feel so sick right now, just want it all over with, but with the right decision....

Talk to you all later

Bye

Mandy

[brokebutnotbeatn]

Good luck. Whatever happens you will have closure. x

[postggj]

any news

[pcbubba2564]

Hi Post,

 

Unfortunately we lost the case and the judge found in favour of Go Debt, she summed up the case in the following way, going through 4 points:

 

1. Condition of vehicle:

The judge stated that she had no doubt that the vehicle was faulty, and that we had a genuine reson for not paying Yes car credit any more money until they had rectified the problem, but as we could not prove the faults with paperwork, and the garage who diagnosed the fault was no longer in business then this was ruled against us in favour of Go Debt.

2. Deposit against Insurances:

The judge stated that on the day of purchase we could clearly see that the deposit was against the Insurance, and not the value of the purchase price yet we still signed the agreement. Therefore in her opinion the this is not unlawful and ruled against us in favour of Go Debt.

3. PPI:

The judge stated that she is under no illusion that we were informed that the PPI was compulsory, and not optional as the agreement stated, so she ruled that this was UNLAWFUL making the agreement UNENFORCEABLE. BUT stated that point 4, WAIVER was to be considered, The judge stated that she was under no illusions that the vehicle was unroadworthy, but there was no proof, she was more than satisfied that the deposit against the insurance was lawful, and that the missold PPI was UNLAWFUL. However we continued to make regular payments to Go Debt until we were advised that the agreement may be unenforceable, this constitutes WAIVER and for that reason Go Debt were awarded the case. However after awarding the case to them she made it clear to William RHODES that she does not agree with the amount of duress that his company puts people through while trying to claim these debts, and she does not approve of their tactics, stating that if the option of WAIVER had not been available to his barrister, then Go Debt would have lost the case.

 

We now have to pay Go Debt £4903 for the remaining purchase price, £700 court costs, and rubbing our nose in it we have to pay the expenses of RHODES for the intial hearing of £180, making a total of £5810.

 

We were not informed how long we had to pay, and where told that we had the right of appeal against the decison, this had to be submitted to the court within 14 days of today outlining the reason for appeal. This would be heard by a superior judge, who would decide if an appeal can be given.

 

DO YOU THINK WE SHOULD APPEAL

 

We suppose the moral of this for anyone else being chased by Go Debt is, whatever you do, if you think you are right, do not pay them a single penny.

 

Thanks

 

Mandy

[debt4get]

my advice for what it is worth now is contact stephensons...so far they seem to have a good record even after people have lost in court.....sorry you didnt get result you wanted

[pcbubba2564]

Hi dept4get

We didnt win in court, but you know it was worth every minute, just to see the judge telling rhodes off like a naughty child, she told him his bully tactics were underhand and he needs to take a long look at how he runs his bussiness.

We have recieved excellant advise from you guys on here and for that are very grateful. when you looked at what the judge summed up you guys were spot on with the advise, we only lost because I made a payment to the idiots 2 days after my husbands dad was killed by a drunk driver (so our minds were clearly not in the right place), and i only paid to keep them off my husbands back for a while.

We are going to speak with stephonsons today, and if they think we have a case, we are not giving up, so will let you know what they say later.

thankyou so much everyone for the support and excellant advise.

And keep that shampoo on ice !!!!

I dont give up that easy xxx

Mandy