Go Debt Statutary Demand Pre Dated, Please Help

[2Grumpy]

600 £92.50

 

thats 600 minutes or five hours at £9.25 per hour total £92.50

 

n.b. 600 minutes is 10 hours

[2Grumpy]

did you get any more info about what happened to the car?

[postggj]

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 October 27, 2010 by postggj

[FozzCov]

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!

[postggj]

Poppycock

 

be it run by another owner or not

 

records have to be kept for six years from cause of action

 

thats the sale of the car at the auction

 

anti money laundering regs and hmrc

[FozzCov]

Thankyou i will print off and post tomorrow.

[postggj]

if godebt go by routine,

 

the next letter you will get is that godebt are withdrawing the stat demand and there is now no need for court action

 

godebt can get stuffed

 

get this set aside and they will never again be able to use a stat demand

[FozzCov]

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!

[FozzCov]

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...

[postggj]

Usual claptrap

 

just ignore

 

no ground for disputing debt

 

what about

 

disputing the amount

 

using the insolvency service instead of the court

 

abuse of process

 

etc

etc

 

desperation comes to mind

 

when is the hearing

[postggj]

ALSO YOU NOTICE

 

HOLLIS BRIGGS THE SOLS DID NOT SIGN IT

 

I WONDER WHY:lol:

[FozzCov]

Monday 1st November, Is there anything else i need to do before court or anything else i should be taking with me? Thanks

[postggj]

Sending pm

[FozzCov]

Just sent you a PM

[postggj]

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

[FozzCov]

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

[postggj]

you need to put in the n244 form and request a set aside

 

its most important you atend court at the corect time as judges class it as disrespectful if you dont turn up on time

 

we cann work around this but you only have yourself to blame ime afraid

[FozzCov]

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

[postggj]

The judge will decide on the hearing when he reads the n244 application

 

the matters of law are still the same

 

what reason did you give for a new hearing on the sd in your n244 application

[FozzCov]

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.

[postggj]

I see no reason then for the judge not to allow a new hearing then

[FozzCov]

Recieved a new hearing for Stat Demand to be Set Aside. It will be in about 4 Weeks time.

[FozzCov]

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

[postggj]

check back this evening

 

have you done your scedule of costs yet

[nicklea]

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