Go Debt Statutary Demand Pre Dated, Please Help

[FozzCov]

Hi There, Im new on here and hoping im posting in the right place and hopefully someone can help me out please.

 

I had a car on finance with Private and Commercial Finance in 2004 over a four year contract, it stated that i could hand the car back after two years which was obviously halfway through the agreement.

 

When i tried to do this they said that i had lost my right as i had defaulted in my agreement due to late payments but this was down to there direct debit system not being setup correctly in the first two months of ownership of the vehicle and they then took payment off me via debit card every month for the remainder of the two years not informing me they were adding £10 every month.

 

I eventually took the car to one of there designated auction houses in 2007 after stopping payments when it came to two years of ownership and thought that was the last of it until April this year when i have been contacted by Justin Fowler of GO DEBT Ltd stating i still owe £7716.69 but he has failed to tell me what this is for.

 

I received a Statutary demand hand delivered to a property which i own but where i dont actually live myself on the 10/10/2010 the demand itself was dated 23rd September 2010 and therfore appear to not be able to have it set aside as the 18 day period has expired!

 

Please can somebody help me out with how i can go about getting it set aside or any other help would be much appreciated.

 

Thankyou

[huggys boss]

Bumping this for you.

[postggj]

private and comercial finance

 

thats a new one on me so ill do some digging

 

dont worry on the statutory demand

 

it goes from the date you received it and are quite easy to set aside

 

first question is

 

AT THE TIME OF THE VOLUNTRY TERMINATION REQUEST, IF THERE ARE NO ARREARS THEN YOU CAN VT THE AGREEMENT

 

DO YOU HAVE A COPY OF THE AGREEMENT

[FozzCov]

Thanks for getting back to me so quickly, Yes i have just found out the original credit agreement its a bit faint but almost legible.

[postggj]

i have had a lot of experience with this godebt lot any micky mouse car ffinance agreements

 

tell me

 

do you have any ppi

gap (shortfall)

or any other crap insurance added to the agreement

[FozzCov]

It says Customer insurances: Initial payment by customer £500, Less as required: Accidental death benefit £175, GAP insurance premium £175, Amount available for deposit £150 Looks like they have taken these payments from my initial deposit then does this help?

[postggj]

No wonder godebt have this

 

kiss the agreement good riddence

 

its over

[FozzCov]

Hi Postggj, Does this mean i may not have to pay this money back? And if not how do i move forward do i need to have it set aside on what grounds etc. Anymore help on this matter would be much appreciated as i dont want to be made bankrupt and dont realy have that sort of money available, I have had the DCA calling me all day asking for £5000 now they say they have changed there mind and are still pursuing the full amount, they have even called my neighbour to tell him i owe the debt and for him to let me know about it as a matter of urgency.

Thanks for all your help so far

[FozzCov]

Credit agreement attached deleting out personal infomation

[2Grumpy]

[ATTACH=CONFIG]22375[/ATTACH] Credit agreement attached deleting out personal infomation

 

It's a tiny bit on the small side. Can you upload to a photo hosting site & post the link here?

[huggys boss]

Here is a tutorial for photobucket if anybody needs it.

 

http://www.consumeractiongroup.co.uk/forum/content.php?115-How-to-open-a-PhotoBucket-account-and-use-it-to-post-pictures-on-the-Consumer-Action-Group

[2Grumpy]

Hi There, Im new on here and hoping im posting in the right place and hopefully someone can help me out please.

 

I had a car on finance with Private and Commercial Finance in 2004 over a four year contract, it stated that i could hand the car back after two years which was obviously halfway through the agreement.

 

When i tried to do this they said that i had lost my right as i had defaulted in my agreement due to late payments but this was down to there direct debit system not being setup correctly in the first two months of ownership of the vehicle and they then took payment off me via debit card every month for the remainder of the two years not informing me they were adding £10 every month.

 

I eventually took the car to one of there designated auction houses in 2007 after stopping payments when it came to two years of ownership and thought that was the last of it until April this year when i have been contacted by Justin Fowler of GO DEBT Ltd stating i still owe £7716.69 but he has failed to tell me what this is for.

 

I received a Statutary demand hand delivered to a property which i own but where i dont actually live myself on the 10/10/2010 the demand itself was dated 23rd September 2010 and therfore appear to not be able to have it set aside as the 18 day period has expired!

 

Please can somebody help me out with how i can go about getting it set aside or any other help would be much appreciated.

 

Thankyou

 

Was the address they delivered the SD to the address that you took the loan out from? If not, why did they use it? Probably for the same reason as having it pre-dated! Do you know if the SD was signed for? If so there would be a record of when it was delivered. I think the set-aside period is from the date that you receive it.

 

Although they say that you had lost rights because of late payments (albiet their fault) what does the agreement say about that?

 

Are charges for paying by card in the agreement too?

 

Do you know how much the car was sold for and who got the money? Was the car sold for the correct value?

(I'm not suggesting that anything improper took place in this case, but it would be possible that if a car was dropped off at the auction house that was not expected & there was a close relationship between them & the finance company, that in certain circumstances the car might be sold for a very low figure knowing that they could then re-sell at a profit & still go after the debtor for the difference.)

 

It might be best to look at all possible avenues in case any don't work too well in practice. That includes all T&Cs, interest charges etc as well

[FozzCov]

Its not currently allowing me to post any images or urls as my cost count is only 4.

 

Nothing was ever mentioned to me about the charge for Debit card payments and i believe thre may be late charges added to the account everymonth for paying this way too, I dont have any proof that the car was handed over to the auction house either! It was such a long time ago i thought everything was done and dusted until i was contacted by GO DEBT Ltd

 

The stat declaration was delivered to that address as it must be the only record they could find Land Registry etc. I moved from my address where i took the agreement out in 2004.

 

The SD was just hand posted through the door it was not signed for, A few days previously two guys attended looking for me and the tenant told them i did not live there and did not know who i was. so they came back and just posted it.

[postggj]

dont panic

 

been through this many times

 

ill do the set aside docs this weekend

 

is a court listed on the statutory demand and is it your local one

[FozzCov]

Thanks very much, Yes it says my local County Court.

[postggj]

like i said

 

ill do the docs over the weekend

 

you realy have no worries on this and think of the costs youll get

 

its a done deal

[postggj]

phone your local county court in the morning and ask if they handle bankrupcy petitions

[2Grumpy]

Whilst everything else is going on, contact the auction house and find out what happened to your car

[FozzCov]

Just spoke to our local County Court and they deal with Bankruptcy proceedings.

[FozzCov]

Im awaiting contact back from the Auction House as they have no record of the vehicle from its Registration Number, I might pop over this afternoon as its only 10 Minitues away.

[postggj]

who is named on the statutory demand to contact reference the sd

 

IS IT THE INFAMOUS

 

MR STUART BARNS

has a phone number been listed

[FozzCov]

Yes its Stuart Barns and there is a phone number attached.

[postggj]

sent personal message

[postggj]

check backabout six and it will all be done

 

ill post up the forms but only send you the sensative bit

 

can you pm me your email address and ill send as an attachment

[postggj]

Rule 6.4

 

Form 6.4

Application to Set Aside a Statutory Demand

 

 

(a) Insert name and address of person to attend hearing

Let (a) STUART BARNS

GODEBT LTD

DUMFRIES HOUSE

CARDIFF CF10 3ZF

 

 

 

attend before the Registrar/District Judge as follows:–

 

Date

 

 

Time

 

hours

 

Place

 

 

 

(b) Insert name of debtor

on the hearing of an application by (b)

 

the applicant for an order that the statutory demand dated 23/09/2010

be set aside.

© Insert date

The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant made on ©

a copy of which witness statement accompanies this application.

(d) State the names and addresses of the persons to be served

The names and addresses of the persons upon whom this application should be served are:–

(d)

 

GODEBT LTD

DUMFRIES HOUSE

CARDIFF

CF10 3ZF

 

(e) State the applicant’s address for service

The applicant’s address for service is:– (e)

 

 

Dated

 

 

Signed

 

 

 

Applicant

 

If you do not attend, the Court may make such order as it thinks fit