Go Debt old private & commercial finance 'debt' car finance Claim Issued

[renegadeimp]

Lets see if they issue court proceedings first. If they do, make a note of the date on the official form. If it is after the SB date then theyre out of luck.

[Tiny1983]

Lets see if they issue court proceedings first. If they do, make a note of the date on the official form. If it is after the SB date then theyre out of luck.

 

The issue we're facing at the moment is that go debt are stating they are going to issue proceedings

 

but request the letters go to them and not to my partner and then they'll hold the account for 2 months until a decision is made by FOS.

 

After this they will have their solicitors "serve" the papers;

 

is this legal?

 

Is this a regular thing?

 

It's a strange old thing this to me.

[dx100uk]

urm..

sols don't serve papers the court do

[Tiny1983]

I'll try and post the letter up we received.

[Tiny1983]

This is the letter we received (via email) once we had highlighted that they are going against the CSA code of practice and against their own code of conduct by no holding an accout with a valid dispute.

[Andybars]

That letter suggests to me that they don't really know what they are doing. An expectation that the FOS will resolve a complaint within 8 weeks is not something you would see from anybody who is at all familiar in dealing with the service.

 

 

I also very sceptical that you could lodge a court claim but request that it is not served, it seems to me that they are looking for a route to convince you that this case will not be statute barred (although personally I would have thought the best way of doing so would have been to not mention the case will soon be statute barred !)

 

 

I would wait and see what their next move is and go from there

[Tiny1983]

I don't think they are aware of the FOS process as the FOS said they had never heard of Go Debt before and the person of who we are in contact with at Go Debt doesn't really seem to understand their process as in one letter she stated that she had contacted FOS (which she did) and advised us that they said we had just raised an enquiry. FOS guy laughed and said that they should be aware they don't have complaint references for enquiries and if a complaint has a reference then is a complaint and not an "enquiry"

[theoldrouge]

Did you report the signature issue to the FCA?

 

Can you post up your complaint prior to sending to fos, if you have not already sent it

 

so it can be commented upon.

 

2 months is plainly ridiculous, more likely if it had to go up

 

to an ombudsman, in excess of 12 months

[Tiny1983]

We have spoken to the FCA and they have said that go debt should not be suing the account. Plain and simple. We have made them aware of everything and they said they'll be investigating but that we won't get an update on this, and adviced us to put a complaint to FOS about go debt. I'll place the FOS complaint up tonight.

 

Thanks all

[theoldrouge]

I would email GoDebt, and advise them that you have reported the entire matter to the FCA

 

who will be investigating, and advise them of the FCA response,

 

that they should not be issuing a claim

[Tiny1983]

A letter has been sent to them to advise of the above.

 

In the meantime we received a letter yesterday stating that they are a aware of us threatening to go to the CSA in relation to their conduct and have requested a complaint to be sent to them with all the point to allow them to answer the complaint. She states that this can be done over the phone. I'll try and get this letter up tonight.

[theoldrouge]

yes you can lodge a complaint about GoDebts conduct, which can also go to the fos

 

as advised by the FCA

 

but keep everything in writing, nothing by phone

[Tiny1983]

Had the response from the FOS today and

 

 

they have ruled in favour of the creditor and confirmed my partner owes £4,000.

 

 

Go debt still have the CCJ papers ready to be served which has been confirmed they are able to.

 

 

I guess that's that, the whole thing has gone from bad to worse.

[theoldrouge]

well we never saw or were able to advise on your complaint to the fos tiny

 

I take it that this is just an adjudicators decision, which you are able to escalate with further info to an ombudsman

[Tiny1983]

Well we had a call off a guy and he didn't seem to know what he was actually doing?

 

 

He stated on more than one occasion that he didn't know what our actual complaint was

and if it is the authenticity of the signature then it doesn't matter as she would have to pay it back any way.

 

 

We referred him back to the agreement which states clearly that if a company doesn't have a VS document

then the monies owed are nil and all payment returned to the customer.

 

 

He said no, even without a VS my partner would still owe it.

 

 

He also advised that he didn't understand why a company would bother forging a document

and advised that they could've sent it put.

 

 

We referred him back to the notes from the original creditor which clearly states that the VS document was with the company of whom took the car,

and that no mention of my partner being there was ever noted.

 

 

He didn't seem to care really and said that he'll review it again

and send a letter out but that it probably won't go in her favour.

 

So we can escalate this to someone else?

[theoldrouge]

yes when you receive you can put forward further matters, and eventually it can be escalated to an ombudsman.

 

In order to help you we are going to need to see the complaint that you sent and the fos reply

[Tiny1983]

Ok thank you. I'll ensure I get this online this evening, should be available to view by 10.00pm.

 

Thanks again.

[Tiny1983]

hi all, please see attached the complaint to the FOS. I have omitted the actual FOS document and all the documents that have already been uploaded on here.

 

Thanks in advance.

[theoldrouge]

thanks for that tiny, will reread your thread and await the reply

 

in writing from the fos adjudicator

 

and then see what we can add to escalate to ombudsman

[Tiny1983]

thanks for that tiny, will reread your thread and await the reply

 

in writing from the fos adjudicator

 

and then see what we can add to escalate to ombudsman

 

This adjudicator seems very strange to me; he said he tried to call my partner lots of times and couldn't get through so he called Go Debt's solicitors, and that's when he called my partner to advise they're well within their rights and that regardless, the debt is owed.

 

He wrote to us yesterday to clarify the matters and advised his decision will be in the post next week; we kind of want to have this looked at by somebody else before his decision is made to be honest, can we do that?

 

Is there anything extra that we can send before their decision is made, as once go debt are made aware of the decision they will serve the CCJ.

 

Thanks again!

[Andybars]

Hi,

I would await the decision in the post next week. But just to be clear, Go Debt don't serve a CCJ - if they go ahead with court action they will issue a claim. In order for that claim to become a CCJ, you either have to not respond to the claim within the specific timescale or you would have to go to court and lose.

 

 

Given the issues in this case, if I were Go Debt, I wouldn't want the case being looked at by a judge. If they do however issue papers, come back on here as soon as you receive them and somebody familiar with the court process will be able to assist

[Tiny1983]

Hi,

I would await the decision in the post next week. But just to be clear, Go Debt don't serve a CCJ - if they go ahead with court action they will issue a claim. In order for that claim to become a CCJ, you either have to not respond to the claim within the specific timescale or you would have to go to court and lose.

 

 

Given the issues in this case, if I were Go Debt, I wouldn't want the case being looked at by a judge. If they do however issue papers, come back on here as soon as you receive them and somebody familiar with the court process will be able to assist

 

Thanks for the reply.

 

What go debt have advised is that they have took the debt to court to ensure the statue of limitations doesn't apply as the debt would've become statute barred, and that once the fos have come back on their ruling they can then serve the papers for the CCJ.

[dx100uk]

I think you are being spoofed by go debt.

solicitors don't often serve CCJ papers

not that I've found

 

it would be the COURT that write with the claimform.

 

from where are you getting this info that go debt HAVE issued a court claim?

 

not over the phone I hope?

 

willy waving I think meself

dx

[theoldrouge]

This adjudicator seems very strange to me; he said he tried to call my partner lots of times and couldn't get through so he called Go Debt's solicitors, and that's when he called my partner to advise they're well within their rights and that regardless, the debt is owed.

 

He wrote to us yesterday to clarify the matters and advised his decision will be in the post next week; we kind of want to have this looked at by somebody else before his decision is made to be honest, can we do that?

 

Is there anything extra that we can send before their decision is made, as once go debt are made aware of the decision they will serve the CCJ.

 

Thanks again!

 

hes only an adjudicator tiny, and his decision is not final, the matter can then be escalated to an ombudsman

 

why he would be liasing with godebts solicitors I do not know

 

your complaint is against the oc, go debts involvement is a seperate matter

 

please post up his reply when you receive it

[Tiny1983]

hes only an adjudicator tiny, and his decision is not final, the matter can then be escalated to an ombudsman

 

why he would be liasing with godebts solicitors I do not know

 

your complaint is against the oc, go debts involvement is a seperate matter

 

please post up his reply when you receive it

 

Thanks again for the help everyone.

 

Go debt have advised (via email) that tjey have put in the claim to the courts

but requested the claim be returned unserved

and that they have four months of which to enforce the claim and then there is a CCJ in place.

 

 

The reason, they state, that they have done this is to protect their position as the debt was 2 days from becoming statute barred.

 

So between the fos responding and us responding back to ask for an ombudsman look at it,

can go debt request that the claim for the CCJ be done.

 

They only did this once we highlighted that they are going against the FCA rules, that they are chasing a debt of which is disputed.