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

[dx100uk]

I think it will be a bonus for this to get in court.

 

 

as soon as the judge ses what has actually gone on

 

 

I think he'll null/void the agreement and make them give YOU all the payments back.

 

 

 

 

what do you think theoldrouge?

 

 

dx

[theoldrouge]

how does he know what a court will decide?

[theoldrouge]

if were my acc , I would relish it going to court given the facts

[Tiny1983]

I suppose it would be good, it's just a little daunting when we have never dealt with these things before and have never appeared in court whatsoever. We know what has gone on and we are confident of putting our case across but we're just unsure on the whole legislation side of things.

 

Would we need a solicitor to go to court, we don't really want tha legal costs stacking up. Do you think go debt are pushing for a settlement again because they are worried? If they are worried, why would they even pursue a CCJ? It's all very daunting and confusing at times.

[dx100uk]

yu would not need a sols no.

 

 

to be honest.

 

 

this could be quite easy for you

 

 

and

 

 

with the fact that you did not and could not

of signed the repo form

 

 

me thinks on that alone its a done deal.

 

 

dx

[theoldrouge]

I suppose it would be good, it's just a little daunting when we have never dealt with these things before and have never appeared in court whatsoever. We know what has gone on and we are confident of putting our case across but we're just unsure on the whole legislation side of things.

 

Would we need a solicitor to go to court, we don't really want tha legal costs stacking up. Do you think go debt are pushing for a settlement again because they are worried? If they are worried, why would they even pursue a CCJ? It's all very daunting and confusing at times.

 

county court claims are like a game of poker

 

a case of who folds first

 

youve got a very good hand

 

read up, hold your nerve

[Tiny1983]

We have received rhe claim form from go debt this morning. Should we contact them to advise that the FOS have confirmed they are escalating it, or do we reply to the claim form or...?

[theoldrouge]

now you have received the claim you are going to have to adhere to the court timeline and deal with it.

 

although we already know most of the details,

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

please read and answer the above as it will help with advice on the legal side of things

 

will move thread to financial legal issues now claim has been issued

[Tiny1983]

One thing we have noticed and we are unsure whether we should raise this now or not,

 

 

but we received an email from go debt stating

 

 

"our records confirm the agreement terminated due to non payment and the vehicle was subsequently repossessed"

 

 

isn't this directly saying they didn't have a voluntary surrender?

[theoldrouge]

post #158 please tiny

[Tiny1983]

Name of the Claimant ? go debt limited

 

Date of issue – Claim form stamped 29th July 2014.

 

 

On the letter from the solicitors it states

"Please note that the claim form and particulars of claim are deemed to be served on 29 October 2014.

You should therefore respond to County Court Money Claims Centre on or before 12 November 2014.

Should you wish to discuss settlement of this claim, please contact us on the direct line below"

 

What is the claim for – the reason they have issued the claim?

 

the particulars section of the claim is attached to this post.

 

 

What is the value of the claim? £6683.11

Is the claim for a current or credit/loan account or mobile phone account? Car finance

When did you enter into the original agreement before or after 2007? May 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Debt purchaser; Go Debt LTD

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Didnt receive a notice of assignment, the first we heard of it was when we received a letter threatening court action

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:- The car was repossessed and I thought that was the end of the matter

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

I advised the original creditor of financial detrement following an accident in which my leg was broken, and my mother made payments for me as i could no longer afford to.

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 Section 77/78/79 request to the claimant for a copy of your agreement

(except for overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted

 

 

 

See above for the completed form which was referred to; I am a little confused as to the bottom of the form in which I need to send a CPR 18? Thanks.

 

A couple of side notes;

 

 

l this laim makes reference to the default notice,

and encloses a copy,

 

 

however this is the first we have seen of it and this was nt in the original SARS.

 

 

Also, some of the figures just dont make sense;

 

 

on the transcript of the calls it states,

 

 

for example, £200 was paid,

 

 

but on the payment schedule only £119.58 is credited?

[Tiny1983]

Furthermore, on all my agreements (the original) on the default notice and on the PC things,

 

 

it states that my total amount payable was £6,889.84.

 

 

however on the claim form it states (section 4) total amount payable under the agreement was £6,189.84; however this is incorrect?

 

Also, on the default notice it states the total amount payment is £6,889.84,

states the total amount paid up to date is £2,724.12,

 

 

which would leave £4165.72 left owing.

 

 

However Go Debt are asking for £4,182.11.

 

 

It looks to me that on the claim form they have all their figures mixed up?

[dx100uk]

please pdf the pix

 

 

dx

[Tiny1983]

Updated the JPG with the PDF as requested. Thanks.

[havinastella]

Are you sure of the claim date Tiny??

 

Has it been Court stamped? When did you receive it?

[Tiny1983]

Are you sure of the claim date Tiny??

 

Has it been Court stamped? When did you receive it?

 

The debt would've become statute barred on the 30th July so they sent for a ccj on that date and then they had 3 months to serve the claim to my partner; something the FOS have confirmed is fine as they were "protecting their position".

[havinastella]

Have you received papers from the Court?

[Tiny1983]

It's a letter from go debts solicitors but he one of the documents has the court stamp on.

[dx100uk]

post 161 is not a claimform.

 

 

that comes direct from the court not the sols.

 

 

is something fishy going on here?

 

 

dx

 

 

 

 

dx

[dx100uk]

so they issued a claim in july and you got nowt from the court in july nor before?

[AndyOrch]

Have you received one of the following Tiny ?.........

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

[Tiny1983]

Have you received one of the following Tiny ?.........

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

 

Yes. That is what's stamped 29th July 2014 with all the particulars on.

[havinastella]

Yes. That is what's stamped 29th July 2014 with all the particulars on.

 

Stamped by WHOM?????????????????

[Tiny1983]

so they issued a claim in july and you got nowt from the court in july nor before?

 

They said that they put the claim forward to stop the statute barred and agreed to hold it until the FOS made a decision, once that was made they sent it through to us. We contacted the county court and they confirmed that this is fine to do.

[havinastella]

Does it have the court seal?