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

[dx100uk]

can we see the letter please

 

dx

[theoldrouge]

Tiny, as far as I can see nothing is attached

 

Now as far as GoDebt is concerned, this is the FCA Guidance on disputed debts-

 

CONC 7.5.3

01/04/2014

FCA

 

A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

 

I suggest that you make a report on this matter first thing tomorrow to the FCA

 

They dont investigate individual complaints, but if you outline the circumstances surrouding GoDebts actions

 

they may offer some guidance (certainly inform them that the fos is already involved in this matter)

 

FCA Contact http://www.fca.org.uk/consumers/consumer-helpline

[Tiny1983]

Hi all.

 

Please find attached the letters from Go Debt.

 

The matter has been escalated to FOS of whom have contactd Go Debt and spoken to the lady on the letter, and

 

she has confirmed that she is refusing to stop any collection activity.

 

This is clearly because on Thursday of this week, this debt is due to be statute barred in my opinion.

 

However the fact of the matter is that my partner didnt sign the document,

and we are at a point of where we are unsure where to turn.

 

Thank you.

[theoldrouge]

letters far too small to read, Tiny

 

Did you contact the FCA?

 

If they issue, and if you are 100% confident on that signature not being your partners you will have to defend

 

You will need as much supporting evidence as possible

[Tiny1983]

thanks for the reply, hopefully his attachment is better?

 

TO be honest, I dont know what proof we can provide?

 

The signatures dont look the same from the agreement to that document.

 

It isnt the same as the ones on her driving licence either, not even a resemblance.

 

However, other than that, i dont see what we can provide in court to be honest.

 

A part of me is thinking that i should have just offered 25% of the debt and paid it for her, rather than it reach this stage.

 

How long does a CCJ take to go through the courts?

 

The FOS have advised we can speak to the court to request a hold whilst the complaint is ongoing and they do sometimes do this.

 

If the debt is to become statute barred on thursday of this week; would this have any impact on anything, for instance,

if the CCJ isnt granted by this time, would they be allowed to do this?

 

thanks in advance.

[theoldrouge]

well first they are claiming that the sig on 22/5/09 is correct, which if so, would be a clear acknowledgement of the ac anyway.

 

You will have 33 days from date of issue to submit your defence .

 

The Sb clock stops on issue of the claim

 

If you so wished you would have the opportunity to negotiate during the court process anyway

 

a defended claim can take months before a conclusion is reached

 

If you are certain of your facts why would you not want to defend ?

 

You will receive the help you need here

[theoldrouge]

cant see your fos complaint anywhere

[dx100uk]

instructed to and actually issuing a claim are two diff matters!!

 

nice of them to admit the sb date is soon too!

 

dx

[dx100uk]

poss write back stating any claim will be vigerously defended

and the matter of VS/VT and unlawful repo

and poss false signature

along with witness statements providing you were not present at repo

will be produced.

 

sec 90/1 counter claim for all payments back as well?

 

to be honest

I think it would be good if this went to court.

 

dx

[theoldrouge]

to be honest

I think it would be good if this went to court.

 

dx

 

AGREED:-)

[Tiny1983]

to be honest

I think it would be good if this went to court.

 

dx

 

AGREED:-)

 

In relation to the FOS complaint,

we had to get this written over the weekend and sent to them today in a bid to prevent Go Debt issuing court proceedings,

I'll try and get a copy on here later on.

 

Her dad remembers conversation with the collector and offering him £800 as it was lnackeres ,

but this was refused and they took the vehicle.

 

My partner had always been under the impression that the vehicle was repossessed

and not voluntarily surrendered; which is what we have stated to FOS.

 

If we seek legal advice and employ a solicitor, how much would we expect to pay? Should we even employ a solicitor or look to represent ourselves?

 

This whole situation is so frustrating as this go debt company, are literally the most aggressive horrible bunch of ****'s I've ever dealt with.

 

They state on their website their own code of conduct which states they will hold any valid disputed account,

they claim to be a part of the CSA which also states they should be holding a disputed account.

 

We have advised them of this and they keep replying to confirm that they will be issuing court proceedings .

[Tiny1983]

Furthermore to the above; go debt are adamant that they HAVE to sue the account now as the debt will be statute barred on Thursday. Is this really correct? Can they obtain a judgement in such a short space of time?

[theoldrouge]

not a judgement, the SB clock stops on issue of the claim. Judgement takes months

[Tiny1983]

So if they issue a claim this week then they'll be within the timeframe? Would it make a difference that the last payment wasn't made by my partner and in fact her mother via her own debit card?

[Tiny1983]

to be honest

I think it would be good if this went to court.

 

dx

 

AGREED:-)

 

They have replies via email to the email we sent claiming they are not adhering to their own code of conduct nor the CSA code of practice. Hopefully this attachment works.

[theoldrouge]

too small for me to read

[theoldrouge]

"This whole situation is so frustrating as this go debt company, are literally the most aggressive horrible bunch of ****'s I've ever dealt with. They state on their website their own code of conduct which states they will hold any valid disputed account, they claim to be a part of the CSA which also states they should be holding a disputed account. We have advised them of this and they keep replying to confirm that they will be issuing court proceedings"

 

Did you contact the FCA?

[Tiny1983]

I'll ipload it again when I'm back with my laptop, I was trying to do I on my iPhone!

 

We haven't contacted the FCA yet, that's scheduled in for tomorrow morning at 9am, not sure what they can actually do though. Do we approach them as an FYI, or explain fully what is happening?

[Tiny1983]

I have viewed the FCA website and it states on there that customers cannot complain to the FCA and they must raise any concerns/complaints to FOS; only staff may whistleblow.

[theoldrouge]

I'll ipload it again when I'm back with my laptop, I was trying to do I on my iPhone!

 

We haven't contacted the FCA yet, that's scheduled in for tomorrow morning at 9am, not sure what they can actually do though. Do we approach them as an FYI, or explain fully what is happening?

 

explain fully and see what they say, worth reporting the signature issue also

[theoldrouge]

I have viewed the FCA website and it states on there that customers cannot complain to the FCA and they must raise any concerns/complaints to FOS; only staff may whistleblow.

 

You can report and seek advice Tiny

[theoldrouge]

FCA--

 

Our Consumer Helpline offers impartial information and general guidance

You can call us on 0800 111 6768 (freephone) or 0300 500 8082from 8am to 6pm, Monday to Friday (except public holidays) and 9am to 1pm, Saturday. From abroad you can call +44 20 7066 1000.

Our Typetalk number is 18001 0800 111 6768.

You can email us at [email protected], but if your query is urgent you should call us

[Tiny1983]

FCA--

 

Our Consumer Helpline offers impartial information and general guidance

You can call us on 0800 111 6768 (freephone) or 0300 500 8082from 8am to 6pm, Monday to Friday (except public holidays) and 9am to 1pm, Saturday. From abroad you can call +44 20 7066 1000.

Our Typetalk number is 18001 0800 111 6768.

You can email us at [email protected], but if your query is urgent you should call us

 

Brilliant thanks for that; we'll call them tomorrow.

[Andybars]

The legal side of things is not my field of expertise but hopefully one of the more experienced people can expand on the following.

 

My understanding is that under the CPR rules that govern court action, the parties should make all reasonable efforts to agree prior to issuing court papers.

 

This would involve exploring the use of any Alternative Dispute Resolution Service that was available

and that the most appropriate ADR service for financial disputes of this type would be FOS

i.e. Court papers should not be issued whilst parties are trying to resolve matters with FOS.

 

 

Somebody more knowledgeable can hopefully clarify further detail but at worst if it does go to court,

its one more piece of evidence to demonstrate that the other party are acting unreasonably

[theoldrouge]

Under the pre action protocols4.6(1) the court has the power to stay the proceedings, until steps that should have been taken, have been taken (in regard to ADR)