Go Debt Advice Needed

[ODC]

Re: Go Debt Advice Needed

Settle folks. We don't want this turning into OTR

[teaboy2]

Re: Go Debt Advice Needed

Sally, did you defend the claim at all? Did you file a defence?

Can you post up their Particulars Of Claim and your Defence if it exists?

Can you also post up any court orders you have.

An exact timeline of events would be super useful also xxx

Hi Sally as per what Celestine is asking for above, i must admit we need you to answer the above questions so then we can look at what legal route you will need to go down to resolve this issue. We can certainly get the 100 charge per month scrapped as they are only entitled to the amount on the CCJ and no more. so they would have to take you to court for all the £100 default charges which will get thrown out by a judge as they are clearly unfair and unlawful charges.

We may also beable to get the CCJ set aside but it depends on the answers you give to Celestine questions.

As to what MR Ton Said, i agree they are greeady fleecers but as per going to the court to sort the matter out. Well its not as simple as what MR Ton likes to think it is, as you can not just go to the court and demand to arrange a repayment plan based on I & E. You actually have court procedural rules that MUST be followed, so ther are legal routes to go down first, one being to get a set aside, which will reset the court proceedings back to the point of where you originally received the particulars of claim.

Anyway, answer Celestine questions above and am sure me Amy, and Celestine along with others can give you much more constructive advice as to what to do.

As per legal aid, well you will not need it if the agreement is flawed, so we could get the CCJ set aside on that point alone, as a court is not permitted to enforce an agreement when the agreement is unenforcable itself. If go debt were to persue the claim after you get it set aside, they would lose and they would have to pay your legal fees.

[Bill-K]

Re: Go Debt Advice Needed

Layman's "Clapham Omnibus" input here - I'm merely a maths geek, but I shout at the TV if Jermey [sic] Kyle's on, too !!!

We've got one post from Sally so far. She's the defendant, and she didn't turn up in court. Much as I agree with the opinions of the thread contributors with regard to the morals of the claimant, the DJ must disregard that kinda $h1t...innit ?

The def didn't appear, and we have nothing to suggest that the def made any effort to defend herself, or her non-appearance., do we?

Surely, the DJ has to look upon the claim from this aspect ?

And thus it follows (to my simian mind) that the DJ must find in favour of the claimant - by default...innit ?

We've got 16-odd heartfelt posts after Sally's initial one - and I admire each and every poster for their passion. But the DJ won't. S/he cannot.

PLEASE...guys...give the Devil's Advocate the credit s/he deserves for doing their best to floor the opposition. Fight hard - and spill blood.

But - PLEASE - afford respect for each others' corner. And - I speak from the gutter, myself. Anger has offtimes usurped righteous indignation in my posts. Don't argue the point down here, guys...it stinks !!!

Come now...join knuckles.

[teaboy2]

Re: Go Debt Advice Needed

Quite right Bill.

If the defendant failed to show up or failed to file a defense the judge has no choice but to issue a default judgement on the basis that no defense against the claim has been submitted or the defendant had failed to turn up to defend themselves from the claim and therefore meaning that the judge must accept the claim as being true and enforce it by giving judgement in the claiments favour. Otherwise the claiment would be prejudice against by the court if the judge did not give default judgement.

[WendyB]

Re: Go Debt Advice Needed

Which is basically what Amy said at post #3

[Bill-K]

Re: Go Debt Advice Needed

Indeed so, Wendy, but I felt that it needed putting into 'layman's' terms, as I fear it may not have been understood by Sally. I myself needed to read it twice before mentally adding "in response" to Amy's excellently concise statement.

The question Amy asked is still awaiting an answer, too.

Sally - I know when times are tough like this, it ain't easy to find time to deal with this stuff. There are all sorts of other pressures, and when we finally have a 'window' in all of that turmoil, we are often mentally drained. Take a break, by all means, but PRIORITISE !!! This is stuff that should be somewhere near the top of that list.

When you can get back in here, please take it as a compliment that so many of us have been jostling to help you - each in their own 'particular' way !!! Nobody here wants to see you lose what little these guys have left you with.

Hence the anger - it's what brings us here, I guess.

[charitynjw]

Re: Go Debt Advice Needed

Layman's "Clapham Omnibus" input here - I'm merely a maths geek, but I shout at the TV if Jermey [sic] Kyle's on, too !!!

We've got one post from Sally so far. She's the defendant, and she didn't turn up in court. Much as I agree with the opinions of the thread contributors with regard to the morals of the claimant, the DJ must disregard that kinda $h1t...innit ?

The def didn't appear, and we have nothing to suggest that the def made any effort to defend herself, or her non-appearance., do we?

Surely, the DJ has to look upon the claim from this aspect ?

And thus it follows (to my simian mind) that the DJ must find in favour of the claimant - by default...innit ?

We've got 16-odd heartfelt posts after Sally's initial one - and I admire each and every poster for their passion. But the DJ won't. S/he cannot.

PLEASE...guys...give the Devil's Advocate the credit s/he deserves for doing their best to floor the opposition. Fight hard - and spill blood.

But - PLEASE - afford respect for each others' corner. And - I speak from the gutter, myself. Anger has offtimes usurped righteous indignation in my posts. Don't argue the point down here, guys...it stinks !!!

Come now...join knuckles.

LOL! Please don't go catching any buses, Bill - I'm told the original 'reasonable man' (one Mr Reginald Toff) was killed when that omnibus crashed. (R v Murphy)

[Bill-K]

Re: Go Debt Advice Needed

OMG, Chaz. I googled the provenance for this, and tears are now rolling down my cheeks.

http://www.youtube.com/watch?v=KToBhEPimOM

The end of civilization as we know it - and the ideal 'Fare Stage' for Flanders and Swann.