Urgent help needed = stat demand and go debt

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

ok that is very useful.

so reading that the important things I must do as well are:

write to person on stat demand advising the debt is in dispute and why which I have done.

then my reasons to apply for set aside would be because
The amount stated on the statutory demand is disputed.

also can I put anything about it being served incorrectly as it was served by email as I definately have not had it by post which they claim to have a witnes statement saying it was. I am 100% sure of this.

[Celestine]

Re: Urgent help needed = stat demand and go debt

Write out all the reasons you believe are correct and include them in the affidavit.
Incorrect/disputed amount and incorrectly served look like the important ones in your case.


EDIT: Definitely include the incorrect serving because the article I posted was from 2008 and the stat demand serving rules changed in spring 2011. I think thats in one of the first links I gave you earlier on this thread.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

so does something like this sound reasonable to include?

sorry for keep asking but I am learning here and want to get it correct!


1. That on (b) 17th October 2011
the statutory demand exhibited hereto and marked 4th October 2011 came into my hands.
.
2. That I (c)

1) Do not admit the debt because the debt is in dispute.
I believe that the amount of £8855.31 referred to in the statutory demand includes a substantial sum of unlawful penalty charges.

EXCESSIVE CHARGES
1 - The Claimant’s charges which may have been applied to the account are unfair under Schedule 2(e) of the Unfair Terms in Consumer Contracts Regulations 1999, which state that ‘a term is unfair if it requires any consumer who fails to fulfil his/her obligation to pay a disproportionate high sum in compensation. In this case, it is likely that the alleged claimant/ or original creditor has charged an amount that is not proportionate to the amount of any payment not made.

8) That the Statutory Demand dated 4th October 2011 was sub served by email on the 16th October.
The Statutory Demand was not delivered to the address of xxx which is the debtor’s address on records held by the creditor.
The first time the debtor was made aware of the Statutory Demand was in an email sent to the debtor’s work email address on the 17 October 2011 at 11:12am. In the email it states that the Statutory Demand was subserved at xxx on the 12th October 2011 to which no copy was received.

[Gorang]

Re: Urgent help needed = stat demand and go debt

Have you read the whole thread in the 2nd link that celestine posted in post 30

The member and curly ben post up the completed set aside and the wording to use on the 2nd page of that thread, but I advise you to read both pages as there is a lot of good and usefull info contained in there,

and remember that you do not have a lot of time (going by that thread) to get your set aside in to the court from the date of alledged srevice of the SD, 18 days

unless that has changed in the changes that happened this year which celestine referred to earlier in this thread

That thread will be a huge help to you I think

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Ive just re read the stat demand and the deed of assignment was Aug 31st.
Less than 2 months ago!
------------------------------- merged -------------------------------
yes I have and that is where I got the wording for the disputing amount. Having re read it I have now added point 2 to it.

I'm just a bit anxious that's all! I'm well aware of the implications so making sure it is very clear what I am disputing

Even though it is dated 4th october I have an email stated that it was su served on the 12th Oct and that I had until the 31st Oct to get it to the court so had planned to get it there tomorrow.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

also I have received the cca, letter of assignment and default notice so I cannot use them as in the set aside used in the other thread so I think the two I have used are accurate.

[WendyB]

Re: Urgent help needed = stat demand and go debt

Once you've done the set aside, it would be a good idea to send a SAR to the original creditor (PCF?). Find out all info they hold on you, including correspondence from when you surrendered the car etc, and what the outstanding, defaulted balance was (if anything). Go Debt cannot (lawfully) add charges, interest onto the original debt, as far as I am aware.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Hi Wendy, thanks for your reply.

The SAR was sent to PCF about 2 weeks ago before I knew anything about the Statutory Demand. No charges so far have been added by Go Debt, the penalty charges are all from PCF, who are Private and Commercial Finance. It was for a car hp.

I have received nothing to date from PCF recently and all the corrospondence has been with Go Debt via email and telephone. Go Debt keep refusing my offer to pay what I can afford even though I can prove it and kept replying with this.

I naively replied that they needed to go back to PCF as I was disputing the amount.

Now I have read up on this I have learnt what I should have done but having buried my head in the sand thinking they were wrong and unfair in not accepting an affordable monthly payment I thought I was being reasonable.

Now I know I was but went about it in the wrong way.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Also I do have the telephone logs that Go Debt provided me and they are PCF's logs not Go Deb logs as they show the period when I was defaulting and they did experian searches on me in March 2009 saying I was a high risk CAIS? It also mentions other defaults but there were not any. All others were fine although there was a student loan being paid off monthly.
There was another one but that was settled in full before this all went wrong.

reading the logs it also appears he contacted my work in Oct 2008 to see if I still worked there and they gave PCF my work email and work mobile number. They state in it constantly unable to contact mobile, no answer but then shortly after it shows me contacting them. I have never ignored a call or letter and always called back.

[WendyB]

Re: Urgent help needed = stat demand and go debt

Don't speak to them on the phone, keep everything in writing. Write to them and tell them you will only deal with them in writing and to stop calling you otherwise you will consider it harassment and treat it as such. There's a letter on here somewhere for that, adapt to suit.

So do you know how much the original default was for? You will be able to challenge the penalty charges, which will reduce the balance. What was it that led you to believe that if you handed the car back you would not owe anything, is it in the terms and cons of your agreement? Approximately how much is the (real) amount outstanding?

Once you've got the stat demand set aside then you can take it from there.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

thanks Wendy.
well I shall sends what I done for the set aside tomorrow.
I will then look properly at what I have received on the statement of account and all the corrospondence as there is a lot.

There is approx £5k in penalty interest which is way above the £3.5k balance I owed when handed the car back and was given a balnce. I expected there to be chaarges of interest but not as high and I wonder if my naivety means I have landed myself in this.

[Gorang]

Re: Urgent help needed = stat demand and go debt

also I have received the cca, letter of assignment and default notice so I cannot use them as in the set aside used in the other thread so I think the two I have used are accurate.

are the default notice and notice of assignment valid, ie have they done everything correctly with the dates as if they have not you could also use this in the set aside

Correct proceedures are

Default notice has to give you 14 clear days from it lands on your mat to remedy the default,
The notice has also to allow minimum of 2 days for postage time

If the DN is dated the 1st then the remedy date has to be 17th to the 19th to allow for the postage ie 16 to 17 days minimum between the dates (this I am 100% sure of)

once the remedy date has passed they can then register the default on your credit history but they need to wait until another 28 (I think it is 28 days) have passed after the remedy date

once they have registered the default then again I think they have to wait another 28 days before they can assign the debt, in which either the assignor or the assignee has to give you an assignment notice before the assignee can enforce the debt, and I think that they need to also wait until 28 days have passed after you have been given the notice of assignment

Each one of the 28 day periods i have mention would need to be double checked within the acts but it would give you a good indication for now if the DN and the NOA has been carried out correctly

Also check with your credit reports with Experian, Equfax and Call credit to see when the default was registered to see if that date falls between the DN remedy date and the NOA date and also to see who registered it as it should only be the original creditor that registers it

If any of these dates do not tie in or give enought time it makes the assignment INVALID which gives go debt NO legal right over the debt

Personally I think it would be worth checking all the dates regarding these 2 notices and your credit history, as many many companies do NOT follow this proceedures correctly, so if they haven't then it gives you even more amo that is enough on its own for the case to be thrown out

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Hiya thanks for the advice. I have checked the default and that all seems fine with dates etc.
One I have noticed is that on the statutory demand it says that the debt was assigned to Go Debt in July this year.

However looking through my paperwork I am now convinced I do not have a deed of assignment.
Am I correct in thinking that it would be a letter from the original creditor stating that the debt had now been assigned to Go Debt?
I have read through everything I have and I certainly have nothhing like that.

[Gorang]

Re: Urgent help needed = stat demand and go debt

The Deed of assignment is a totally diferent thing from the notice of assignment

The law does NOT require them to give you a copy of the deed of asignment only a Noitce of Assignment (NOA) as this is just letting you know that the debt has been sold, then once they have informed you via the NOA then they can start to enforce the debt

There are occasions that you can ask for the deed of assignment but I do not know what these occasions are as I have never had to request one

A guess would be if you have reason to think the deed of assignment has been made up wrongly or fraudulently, and I think that you can only ask for this via an order from the court but I could be wrong with this part as I am just going on what I seem to remember seeing posted up at some point

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

okay sorry, I muat be calling it the wrong thing.
What I meant is that there is no letter from PCF sayin that they were passing the debt to Go Debt.
Is that something I should have?