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    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
    • Ok, received this letter that looks like a letter of claim but it still doesn’t sound too convincing    2024-06 BW Letter Of Claim.pdf
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Go Debt Statutary Demand Pre Dated, Please Help


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Scedule of Costs (summary assessmant)

 

CLAIM NUMBER XXXXXXXX

 

IN THE XXXXX COUNTY COURT

 

SET ASIDE APPLICATION OF A STATUTORY DEMAND FOR BANKRUPTCY

Claimant YOURSELF

 

Defendant GODEBT

 

Date xx/xx/xxxx

 

Claimed under rule 48.6 at £9.25 per hour

 

Date of Work 26/10/2010

 

Descrition of work

 

Law of Property act 1925 ten hours at £9.25 an hour total £92.50

Date of work

 

27/10/2010

 

Drafting witness statement - two hours at 9.25 an hour Total £18.50

 

Considering claimants reply/defence - one hour at £9.25 an hour Total £9.25

 

Preparing court bundle - one hour at £9.25 an hour Totlal £9.25

 

Drafting statement of costs -one hour at £9.25 an hour Total £9.25

 

Attendance at court - one hour at £9.25 an hour Total £9.25

 

Other fees/Recorded delivery - two at £1.15 Total £2.30

GRAND TOTAL CLAIMED £150.30

 

 

SEND TO GODEBT BY RECORDED DELIVERY AND A COPY TO THE COURT

 

 

 

 

Edited by postggj
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Hi 2Grumpy, No i dont have any paperwork anymore and as they are now run by another franchise they dont have any record now i am worried! Because it was a few years ago i just thought it was all done and dusted!

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Hmm well as its now called a totally different name to what it was 4 years ago i assumed they closed and repopened as this new company, I will do some more research and see what i can come up with!

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I have today recieved correspondence from Hollis Briggs Solicitors, Stating that GO DEBT are going ahead with bankruptcy proceedings they go in to detail about how I defaulted and the debt was transferred to them and that they had sent out a deed of assignment to two address neither of them being my own, at the end it says:

The application, I understand from the application together with the witness statement of the applicant dated xxxxx that the applicant disputes the statutory demand on a number of purported grounds,

I am advised that the court may set aside the statutory demand on one of the grounds listed as rule 6.5(4) of the insolvency rules 1986. i am advised that the matters discussed in the witness statement do not disclose sufficient grounds to set aside the statutory demand.

Firstly i am advised that the matters complained of relating to the statutary demnad cannot be said to make that statutory demand so confusing and misleading that, having regard to all the circumstances, justice requires that it should be set aside. the applicant is perfectly aware of his obligations for some time. the applicant does not point to any prejudice suffered by him at all.

Secondly, I am advised that there are no substantial grounds on which the debt due under the agreement can be disputed. the legal representative of the respondent will explain how as a matter of the law the applicants purported grounds are wholly misconceived and how in particular the cases referred to by the applicant are of no relevance here.

For these reasons, it is the respondent’s position that this matter should be dealt with by way of bankruptcy proceedings rather than CPR part 7 proceedings.

For all the reasons set out above, I respectfully suggest that this application should be dismissed.

Signed William Rhodes MD GO DEBT...

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Try not to worry on this

 

godebt now know they cant brow beat you and the judge will slap there wrists for using a sd instead of an n1 claim

 

judges dont like there time being wasted on the likes of a dca clogging up the courts as a cheap way to secure a debt

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Attended court today but i was 10 minutes late due to being in the wrong part of the court house, the judge did not agree to have it setaside and has awarded costs to the otherside. They told me the judge had already looked at my case but had now left. The usher said i can fill out a N244 form. any ideas as to what i put on this for?

 

Thanks

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Yes i totally agree it was my own fault and this will not be a mistake i will be making again! I gave in the N244 form Tuesday morning along with the correct fee requesting a Set aside hearing, i am now awaiting for a new hearing for the Set aside. Can the new set aside hearing be dismissed on the grounds that it was dismissed first time around?? Or do they have to give me a new hearing?? Thanks

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I asked to have it set aside again as i was not present at the hearing due to not being fully aware of which part of the court i should have been in and arriving at the right part 10 minutes late. I apologised for this and asked if i could have a new hearing on those grounds.

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  • 2 weeks later...
  • 4 weeks later...

I will be in Court on Monday for another hearing to have it set aside, I have recieved two letters today from Hollis Briggs the first one is a witness statement from the original creditor stating that Go Debt have the right to recover the debt owed under the conditional sale agreement, the second is a statement of supplementary costs incured Totalling £625.94 on top of there prvious fees. it looks like they will have there own solicitor present at the hearing. Any advice would be much appreciated. Cheers

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If they are going to have represenation there then they will be arguing against you.

 

You will need to be very clear in your arguments about assignment and about the enforceability of the agreement.

 

Are you sure that you fully understand the basis for defending on the grounds of no notice of assignment and also you haven't posted up a large enough copy of the agreement for people to give any advice as to it's enforceability.

 

As you will be facing a solicitor you will need to be able to quote all the relevant sections of the law and make reference to the appropriate precedents as well.

 

This is what happened in my case when I had an opposed set aside hearing:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?137495-Statutory-Demand-and-set-aside-application&p=1481216&viewfull=1#post1481216

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