Go Debt Statutory Demand

[postggj]

:wink:me and DX are old friends and its a private joke :wink:

[postggj]

do you have a full statement of account

default and termination notice

notice of assignment

[tanglewood01]

do you have a full statement of account

default and termination notice

notice of assignment

 

Sorry for my absence.

I have a statement of account but have not seen a default or termination notice.

 

Due to the family members state of health at the time,

he does not know if he received a default and termination notice and does not have any papers regarding the debt.

I got the credit agreement and statement from Go Debt.

Should I be asking Go Debt for a default and termination notice or the original lender?

 

Am I right in assuming that it is Go Debt who need to prove there was a notice of assignment?

I have asked them time and time again for one and all they've sent so far is the wording

(which anyone can obtain) and a letter from them stating the debt has been assigned to them.

 

Like I've tried to explain to Go Debt (time and time again),

if someone knocked on your door and said "you owe me £6000", you'd likely tell them where to go.

 

If they were insistent you owed it to them, you'd ask them to prove it.

 

Go Debt has so far failed to do so.

[citizenB]

I think you would need to contact the original creditor for any default/termination information.

 

It might be in your interest to send a Subject Access Request - this is a request for ALL information in respect of the financial relationship between you and the creditor. There is a draft template in the CAG library, you need to send £10.00 with the request and the company has 40 calendar days to comply - if they dont, you can then either make a complaint to the Information Commissioner or issue a claim against the company for a court to order compliance of your request.

 

The draft letter itemises some information, but most importantly you are looking to receive.. the communications log - which should details EVERY action taken on the account, letters/emails sent - telephone calls made, etc. you should be able to identify from that whether any default notice / termination notice or assignment has taken place.

 

HTH

[citizenB]

You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

 

Draft request for assignment - Amended Draft.doc

[khemist]

Hi TW have you entered the set-aside - form 6.4 and 6.5 witness statements, to the court yet?

 

khemist

[tanglewood01]

You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

Thank you for that. I sent them a slight variation of the letter as recommended. I added references to my previous letters requesting the same and pointing out that they had so far failed to comply.

 

I have now received a reply. The have sent a comprehensive document which appears to be an assignment to them from Private & Commercial. However, they have redacted a lot of information and contrary to the specific request in document you linked to, they have not given any justification for this.

 

Additionally and I think most importantly - there is a page for details of the debt and debtor but this is completely blank. In fact, there is no reference to my family member or the specific debt - i.e. amounts or account number on any of the 34 pages!

 

I will wait for responses to be sure but I guess my next step is to write again and refer them back to the letter and ask them why they have redacted and without any justification and why this document does not contain any information which connects it to my family member.

 

khemist - After my family member received the SD, I wrote to Go Debt and ripped them to pieces for taking this action and continuing to harass him while the debt is in dispute. They claimed they didn't realise it was in dispute but that was just plain nonsense. In the reply, they apologised and said they would not take that any further. I have it in black and white so I didn't need to apply for a set aside.

[Guest]

'have it in black and white so I didn't need to apply for a set aside.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

Edited August 18, 2012 by Ford

[tanglewood01]

'have it in black and white so I didn't need to apply for a set aside.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

 

I just checked the actual wording and they said "in respect of the SD we will not take any further action, without giving you 21 days written notice of our intention to do so" which has reminded me why I don't need to worry about it at the moment.

[Guest]

ok. but, that's prob re a petition! generally, if 'they' did decide to petition would get normal petition notice anyway. and if you then go for set aside of the sd out of time prior to their petition would then need to request extension to the set aside time limit in any sd set aside application with that reason. otherwise, and/or would need to oppose the petition.

Edited August 18, 2012 by Ford

[khemist]

I personally would get it set-aside I would not trust any person or company that uses that route... fords advice is correct in my opinion.

At least get it set-aside then you have abide by the law. DONT TRUST THEM

 

khemist