Godebt trying to make me bankrupt !!!!!!!!

[patricapearl]

I had an agreement with GE Capitol to purchase telephone equipment back in 2002 in 2006 I upgraded the system again and I explained to the salesman i still had an outstanding balance on the 1st agreement, he said that was fine he would consolidate the amount left over and it would be covered by my new agreement. I assumed this had been acheived.

At the beginning of December 2010 I received a letter from a company called GODEBT. They told me I owed GE Capitol and they had "bought" my debt and I had to pay them £1843.58 I told them I would first contact GE Capitol. On the 13th December I received another letter from Godebt with copies of letters suposedly sent to me back in 2006 none of which I had received. this letter gave me 7 days to pay £1843.58 if I didnt then they were going to charge me £3814.64 (not a bad markup for a months work!)

I telephoned Godebt to say I had written to GE Capitol and was awaiting a reply the man on the other end said that was of no concern to him and kept on insisting I owed the money and he was going to make me bankrupt if I didnt pay immediately, I told him not to threaten me and put the phone down.

This morning I received a "Bankrupcy statutory demand appointment letter" via Royal Mail telling me they had called at my address for the purpose of serving me with a statutory demand (didnt know postmen were able to moonlite!) and they would call again on the 12th January !!!!!!!!

Advice would be greatly received

[alfwithhair]

I would wait till Wednesday then and see what transpires, more than likely nothing.

Just trying it on, but you never know with the collection industry at the moment

 

They also sometimes use the names "Edwards Geldards" and "Hollis Briggs".

 

Rather than negotiate with debtors, they usually intimidate with threats of bankruptcy

 

Complain to thier MD

William Rhodes (Managing Director)

Tel - 0870 013 1420

Fax - 029 2034 0753

Mail - PO Box 371, Cardiff, CF10 3WN

e-mail - [email protected]

 

Stop speaking to them on the phone, they will tell you anything as long as it gets them a payment.

 

Is this a business loan?

 

Have you contacted GE Capitol again to see why they have't replied?

[patricapearl]

Yep it was a business loan, which I thought had been settled, I contacted GE but they said it was "out of thier hands" and to contact Godebt !! real big help !Im not against paying the original debt which is £1200 but not £3800 they want.

[crabbingtime]

As alfwithhair says, 'wait and see whether they serve it'. You have said in your post GE have said the matter is out of their hands..... I would presume the debt has been sold to the debt collectors for little value.... If they do Serve the Demand and you have not been served with NOTICE OF ASSIGNMENT then you could apply to the court for the demand to be set aside.

[sequenci]

When was a payment last made on this debt?

[Surfer01]

I suggest issuing GE Capital witha SAR to find our what had happened. For all you know the debt could have been consolidated into the new loan as this happens quite often when upgrading equipment.

[sequenci]

Also, are you in rented or mortgaged accomodation?

[patricapearl]

The last payment was made in april 2006 and Im in rented accom but I do have a pension and I was reading some poor blokes post n they took his pension !

[sequenci]

It is likely you'll get a statutory demand.

 

They'll never in a squillion years make you bankrupt.

[patricapearl]

Surfer01 suggested I issue GE with an SAR ? lost me there im afraid

[Surfer01]

SAR is a Subject Access Request and costs £10 and CE have to comply with it within 40 days. This will show up every bit of info they have ever had on you including originakl agreements. SAR template can be found in library section.

[patricapearl]

Guess what ! I arrived home from work yesterday to find a hand delivered letter on my mat (Dated 04/01/11) A Statuory Demand.

These people are such shisters not only have they added more interest than the original debt, but the date we first heard from them was the beginning of december ! I went to the court to day and got an "application to set aside a statutory demand" hope the courts read this site concerning these people.

[sequenci]

Do you have grounds for setting it aside?

 

Remember that as you're in rented it's almost certain that they will not petition for your bankruptcy.

[patricapearl]

I dont know if ive got grounds this has never happened to me before, so I'll need to investigate !

[sequenci]

Can you remember taking any payment protection insurance out with the creditor? And if so, did you actually want it?

[patricapearl]

No I dont think there was any payment protection !

[sequenci]

You can only set aside a statutory demand if you have a reason to do so. This means we need ot try and find a technical reason which will give you reasonable prospect for success. If you make an application which fails you could be held liable for further costs.

 

All that aside I'll be very surprised if they actually petition to make you bankrupt as it's expensive for them to do with no guarantee of them recouping their money. Creditors only usually take the bankruptcy route if there are assets - e.g. property.

[patricapearl]

ok isnt it enough to write on the set aside papers that I was unaware of this debt until december 2010 and even then I requested time to contact the finance company to validate this debt and they have charged me £1997.73 interest since 3rd december?

[teaboy2]

You say this was a Buisness loan. Am i right in thinking that you had a business at the time and took the loan out under your business name? If so was the business registered as a Ltd Company? Because if it was a Limited company that you have/had, and the loan was in your company name and not yours truelly, then you are not even personally liable for the debt as it is your business that would be liable not you. Is the business still up and running?

 

If you were/are a sole trader then unfortunately you would be liable for the debt, but still they mislead you when you upgraded the system by informing you that the remaining outstanding balance would we consolidated into the original agreement. Which they have clearly failed to do, as such you have grounds to set aside due to being original informed that the original outstanding amount was consolidated in to the new agreement when you upgrade your equipment, and as such you have no objections to paying the amount in question as part of the new agreement that you were led to believe the amount would be consolidated into. Minus the Extortionate claims on interested that have since been added by Godebt, off course.

 

Also can you post up a copy of this statutory demand minus personal and account details so we can review it. As from how you have discribed these losers i wouldn't be surprised if the demand was a mock up. Or depending on if your company was limited or not, it may well be invalid if they have got the legalisation details wrong. So i would be very interested in seeing it. Also dropping it on your doormat means it is not deemed as served, because in order for it to be deemed as servered it must been served in person to you or by recorded delivery where you signed for it.

 

In fact, heres a link to a site that will provide you with some valuable information: ** COMMERCIAL LINK REMOVED, PLEASE READ FAQ'S **

Additional Information

 

Also forgot to mention the following:

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.Be aware that named people on accompanying letters are not part of the Statutory Demand - only those on the Demand itself are valid.Important - make notes of dates/times you try to call the named person on the statutory demand, together with the name of the person that you spoke to and a note of what was said. Write and confirm everything said by Special Delivery.

So look closely as no name given on the demand means just another worthless threatogram.

 

Also you can have it set aside on the simple grounds that the debt is in dispute

 

This is an example of what a satutory demand should look like http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

Edited January 14, 2011 by teaboy2
added Additional Information

[crabbingtime]

Have you been served with a Notice of Assignment?

[Oldshep]

GoDebt tried this with me back in 2009 early 2010 I saw it through right to court, I put my defense in on the latest day I could. I turned up at court they didn't, judge awarded me costs, they tried to weedle out of it, judge made them pay up.

 

Drop me an IM I can give you some interesting snippets about these muppets.

[teaboy2]

Olshep, its great to see that you won against these lowlifes. But CAG does not condone giving advice by IM (Or PM). So if you have any thing that will help the OP here, then please post it in this thread so that the OP and others looking for similar help and advice can look at it.