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GoDebt, Statutory demand.


craigapullen
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I have been reading the forums and it has given me some fantastic advice .

 

GoDebt petitioned for a debt of £1400 when actually I only owed £400. After reading the posts I applied to get the statutory demand to be set aside on the grounds that the amount is disputed and I have a hearing on the 22nd February.

 

GoDebt have written to me through their solicitors offering to cancel the demand if we pay our own costs.

 

Do I take up the offer?

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I have been reading the forums and it has given me some fantastic advice .

 

GoDebt petitioned for a debt of £1400 when actually I only owed £400. After reading the posts I applied to get the statutory demand to be set aside on the grounds that the amount is disputed and I have a hearing on the 22nd February.

 

GoDebt have written to me through their solicitors offering to cancel the demand if we pay our own costs.

 

Do I take up the offer?

 

So let me get this straight.

 

Godebt solicitors have informed you that they will cancel the demand in exchange for you paying your own legal costs?

 

Sounds to me like they relised they have mess up and are now wanting to drop the SD knowing their claim will not be successful in court on the back of that SD.

 

Might be worth sending a counter offer, stating that you will only agree to the SD being Cancelled in return for the account to being closed at zero balance and all notes and defaults and any other records removed from your credit file and also state failing that, then you DO NOT agree to the SD being cancelled.

Because if am right if you agree to cancel the SD without the counter offer terms, then i feel their intentions is to hit you with another one that is accurate and valid to correct the mistakes of their first SD that they are now trying to cancel.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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So let me get this straight.

 

Godebt solicitors have informed you that they will cancel the demand in exchange for you paying your own legal costs?

 

Sounds to me like they relised they have mess up and are now wanting to drop the SD knowing their claim will not be successful in court on the back of that SD.

 

Might be worth sending a counter offer, stating that you will only agree to the SD being Cancelled in return for the account to being closed at zero balance and all notes and defaults and any other records removed from your credit file and also state failing that, then you DO NOT agree to the SD being cancelled.

Because if am right if you agree to cancel the SD without the counter offer terms, then i feel their intentions is to hit you with another one that is accurate and valid to correct the mistakes of their first SD that they are now trying to cancel.

 

Thanks for the advice.

 

I am going to a fire a letter off today with those terms and hopefully that will be that.

 

Just a bit tight timewise, but fingers crossed.

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Thanks for the advice.

 

I am going to a fire a letter off today with those terms and hopefully that will be that.

 

Just a bit tight timewise, but fingers crossed.

 

 

Good, if your going for the set aside i would inform the court of their offer to cancel the SD, as if anything gives you a clear cut chance to setside, it be the fact they themselves want to cancel the SD. No doubt it may raise the judges eyebrows a bit too.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Because if am right if you agree to cancel the SD without the counter offer terms, then i feel their intentions is to hit you with another one that is accurate and valid to correct the mistakes of their first SD that they are now trying to cancel.

 

They wouldn't be able to serve you with another accurate SD as the SD is served under the insolvency rules and the minimum amount owing before the insolvency rules can be invoked is £750.

 

By issuing an SD on what is really a £400 debt, Godebt are guilty of an abuse of the insolvency rules which leaves them wide open to a wasted costed application etc.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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