Go Debt - Stat Demand.

[worthit]

I'm in need of help with a company called GoDebt which i pretty much see splattered all over these forums !

 

About 5 years ago i purchased a car on finance which i paid up until a certain time when the car broke down. At which time i called the finance company to explain the situation and also explained i would need to sell the car in order to purchase another or pay off the debts owed. Anyway i sold the car for £3000 and then called the finance comapny to pay off the remaining amount. I then found that the remaining amount (including early repayment fees) was nearing £6000 which obviously i disputed. This went on for some weeks/months until finally i didn't hear a thing from the company.

 

So a few years passed and...

 

Last friday i had a call at work from a Mr Fowler claiming to be from GoDebt and demanding i pay the sum of £8000 within 30 minutes or face bankruptcy proceedings...

 

Needless to say i didn't, and i called the guy back to gather more information.

 

Since this time i have recieved many calls (at work and on my mobile ) requesting i pay various amounts from 8 to 5000 to prevent this going further. I requested that they send me any communications that i have not previously recieved regarding the debt and the original agreement to ensure it was valid.

 

Yesterday i recieved the following letter complete with what looks like a bad photo copy of the original agreement as below:

 

 

(Not sure if you will beable to read)

 

Anyway it states that failure to pay up by the 3rd of november at 3pm will result in a bankruptcy petition being applied.

 

 

Has anyone had any simular dealings with this company? And do you have any advice how to go about sorting it? I'm mainly worried about them hounding me at work as not only is it embarrassing it goes against the rules stipulate in my contract..

 

I do not own my own house, and i have very little assetts. I do not technically deny the debt however the amount it has jumped up to is certainly questionable. Obvously i do not want to be bankrupt mainly due to the fact i would probably loose my job over it. Which would prevent me from paying anything let alone a debt to some very agressive cowboys...

[ScarletPimpernel]

The letter is too small to read, but it doesn't look like a stat demand.

 

It would be helpful to know all of its contents - perhaps you could host the images in Photobucket and post a link.

 

In any case, if Go Debt do issue a stat demand, it can be dealt with with advice from here.

[worthit]

Hopefully this is better, this is the first bit... It is not a stat demand just a threat of one as far as i know..

 

 

The fact that it was emailed to me and doesn't actually have my name on it seems a bit strange...

[sequenci]

Hello there, welcome to our forums. You're in safe hands. There is indeed PLENTY that can be done with Go Debt, we're well versed in getting this guys sorted.

 

Quick question for you, are you a home owner?

[worthit]

Here's the next bit, i have tried to call the writed but i don't think they exist as i just get put through to Mr agressive Fowler...

 

[ScarletPimpernel]

What an odd letter. The English is very poor, but ultimately it contains the usual DCA stuff - an unreasonable deadline and a threat to issue a stat demand.

 

If they issue a stat demand come back, and we will help you to get it set aside.

[worthit]

No i do not own a house, or much for that matter.. I do have other much smaller debts of which All Clear Finance are dealing with ( very well ) be it that they charge me a small sum to do so..

[ScarletPimpernel]

The first thing is to stop speaking to these creatures on the phone (but standby for an exception if they issue an SD); keep everything in writing. Keep a record of every phone call to date, though.

 

If you are using a claims management company, was this debt not included? If it was, Go Debt are in breach of the OFT Guidance by bypassing your representative and contacting you direct.

 

Like all DCAs, Go Debt are full of pish and wind. It will cost them a considerable amount to bankrupt you, and they stand to get very little back.

[worthit]

No they were not apart of the original plan as it was a couple of years into hearing nothing. Obviously i didn't want to call a company i thought had written off a debt and offer them anything ( probably a big mistake! ) I have told All Clear about it who are prepared to start doing what they do and offering them a monthly payment plan etc, do you think i should allow them to proceed or handle this one alone?

 

Thanks very much for your help so far, no doubt i will recieve a call from Mr Agressive tomorrow at my 3pm deadline and no doubt at work yet again annoying my boss.. I shall tell him to contact me only in writing..

[ScarletPimpernel]

If they call tomorrow, the best thing is to say that, in accordance with police advice, you never discuss personal or financial matters on the phone. You should also put in writing to them that you will only deal with them in writing, and mention that the OFT Guidance is clear that calling you at work if you've asked them not to is an unfair practice.

[twofoot]

Ask them to send a copy of the agreement they are relying on. Who is the original creditor?

[worthit]

The original finance company was Private and Commercial. They have emailed me a dodgy scanned copy of the original agreement but you can barely rear the terms & cons parts

[harrassed senior]

The CCA is quite clear in that any Agreement must be readable, so that is the first of many points you can eventually raise. Did you actually send a CCA request and if so, to whom.

 

Take Scarletts' advice, and, you can if not already done, send for a legible copy of your Agreement. Once they receive your request, this 'should' put a hold on any further activity until and if they respond with the correct paperwork.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[sequenci]

Just so you know. They WILL NOT make you bankrupt, it's simply a scare tactic.

[worthit]

Hey Guys,

 

Today i typed up my letter as per advice above and had it ready to send tomorrow with a postal order for £1. However i have come home to a letter on my doorstep...

 

It is the same letter that was emailed to me (as posted) and it also contains what appears to be a signed copy of my original agreement and a statement of payments/non payments and interest calculations...

Not really sure wether or not it is worth sending the letter now?

 

I also recieved a voice mail from someone at 3.34pm stating i must call him before 3pm to resolve the issue otherwise it WILL go further...

[postggj]

ignore

ignore

 

when was the last time any sort of payment was made

[sequenci]

I also recieved a voice mail from someone at 3.34pm stating i must call him before 3pm to resolve the issue otherwise it WILL go further...

 

Typical scare tactics. They are not going to spend a grand making you bankrupt if you're in rented accomodation, it's unlikely they will make a return on it. It's scare tactics. Ignore all 'phone calls too. If you wish to communicate with them, please do so in writing only

[worthit]

Last payment (that wasn't a returned dd) was 01 12 2007 the direct debit was cancelled 01 07 08