Urgent help needed = stat demand and go debt

[Gorang]

Re: Urgent help needed = stat demand and go debt

only one of the parties need to inform you of the assignment and if I remember the law changed not that long ago so it can be just the buyer (assignee) of the bebt that needs to inform you via a NOA

the assignor does not now need to give you a NOA

I'm sure that was posted on this forum somewhere not so long ago

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

okay thanks for that.
That's really helpful.

[mr.ton]

Re: Urgent help needed = stat demand and go debt

and have replied back saying the charges are interest and are correct.

Of course they are going to say that.
Fact remains that they have no legal power to apply any charges and you are under no legal obligation to have to pay any charges.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

but the silly thing is that Go Debt have not added any charges which I am amazed at.
The debt was assigned to them on Sept 2nd and I have replied to every email of theirs offereing an amount.

Within 2 months they have served the statutory demand despite me offering an amount. Seems unfair to me but I guess thats the way they work.

The penalty interest charges are from PCF and do not match what they say they will charge on the back of the agreement.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

As an update I submitted the set aside a while ago and am waiting to hear back on that.

Meanwhile I continue to get up to 3 calls a day (I don't answer anymore as delaing with only by email or letter).

I keep getting emails from them of offers with masive discounts as a settlement amount which I would love to be able to afford to accept.

The latest email I have recived from them states
" We now consider that all points in dispute raised by your have been addresses, and that we are now in a position to resume collection activity on this case in order to resolved this matter swiftly."
Well I wish I could agree with them but all they say in response to my dispute on the penalty charges added by PCF is that I should refer back to the T&C on my agreemnt. They send me a copy everytime. I've got about 5 emails with it in each one! That's it. It would be easier to get blood out of a stone...


"Due to the fact that it is our end of month today we are prepared to offer you a further discount.
We can confirm that we are prepared to accept a full and final settlement of £2,250.00 on the strict provison that the payment is received by debit or credit card on or before 3pm today.Upon receipt of this payment we will write off the remaining balance and close the file."

Well that is ever so generous of them but as I said before I don't have the funds to pay in one go.
So where do I go now? I have offered a monthly affordable payment and can provide evidence on this amount via payslips etc that this is what I can afford right now.
Their complaints department have replied to me asking me to send this evidence which I will do but meanwhile I still get the daily emails from the other side of their business.


Any suggestions on how I should deal with this and what I should do next?
All help has been and is still greatly appreciated.

[ODC]

Re: Urgent help needed = stat demand and go debt

Once a DCA starts offering huge discounts it's usually a sure sign they know they haven't a case.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

I just don't get what they're game is.
Also if I entered into a DMP would they have to accept what was calculated?
I think I need to enter one as at least that way it will show a positive approach to clearing my debts.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Hiya, a bit of an update but more help is needed.

I had a letter from the court giving me a date in the end of January to attend.

I have also received letters from Go Debt and Hollis Briggs with a witness statement from someone called William Rhodes. I don't know who this is but he has put papers together with comments to stop the statutory demand from being put aside.

Can anyone help me with this as although I know what I disagree with , putting it into words for a court room is another thing and I need a bit of help!

The pack they have sent is huge and is very confusing.
Can anyone help?

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

can anyone help please?

[shell]

Re: Urgent help needed = stat demand and go debt

Just a question, when you handed the car back, how much of the finance had you paid? Was it half or more? Did you get the PFC finance through whoever you bought the car from?

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Hi sorry it took me a while to reply.

I had a letter from the court thats says the hearing has been resheduled from a 15 minute hearing in Jan to an hour hearing in early March.
Go Debt asked for it to be extended to an hour for some reason.

The witness statement from William Rhodes is confusing.

To date I have paid £6524 from an original finance of 18490.
PCF are the financers at the dealership I bought it from. I think they owed the dealership.

The figures the Go Debt are giving me are:

HP Amount £9458
Interest £8532
Deposit £200
Title Transfer fee £100
Gap Deposit £200
OPENING BALANCE £18490

Payments Received £6124
Gap Deposit £200
Deposit £200
Account Credit (Sale of Car) £3100
Settlement rebate Interest refun £3691
Account Credit Refund? £720
TOTAL £14035

Charges & Interest
Charges (Letter Fees) £790
Penalty INterest £3610
TOTAL £4401

Total Amount to Pay £18490
Payments Received £14035
Charges & INterest £4401
Outstanding Balance £8855

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

can anyone help? Sorry I am getting desperate.
I do keep checking this site even though not always logged on.
Can anyone advise where it might be a best place to get help as I appreciate this site is run by volunteers.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

I had my court date a few days ago. As an update I though you mike like to see what the outcome was.

The judge set aside the statutory demand saying that the details provided by go debt made no sense at all. I was advised by the judge to challenge Go Debt on what they were asking for and that it appeared they were buying a debt that wasn't actually owed anympre.

The Judge also said that from working out what I borrowed against was was charged and from deducting the total paid and the amount the car was sold for meant I owed nothing!

When Go Debt asked for costs to be paid due to various time spent etc they were told NO!

Funny thing that was had Go Debt been fair I would have been happy to pay a monthly amunt. The Judge basically said I shouldn't be apying anything as nothing appeared to be owed!!!!!!!!!

[ODC]

Re: Urgent help needed = stat demand and go debt

Excellent News and more proof that the scum that are DCAs will try their best to bluff people into paying their ILLEGAL demands. Thanks to some of the wonderful people on here and the great UNBIASED advice given people can beat these bullying LIARS.
Yet again a DCA has been undone by its greed.

UP YOURS GO DEBT

[Guest]

Re: Urgent help needed = stat demand and go debt

Hi

Excuse me for butting in at such at such a late stage.

In your first post you say that your car was voluntarry surrendered. You say that the purchase price was £9548. You also say that you have paiud over £6000.

Are you aware that under section 99 of the consumer credit act if you voluntarily terminate a car under a HP or conditional sale agreement and you have paid more than half the purchase price then you have nothing further to pay.

Peter