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[Amethyst]

Re: Help

Just for info.



Gibson Co is a long established Newcastle family firm that offers commercial litigation, dispute resolution, conveyancing and wills experience.
about the reasons etc for a set aside stat demand


When can a debtor challenge the debt claimed in a bankruptcy petition?
Royal Bank of Scotland -v- Brown (2005)

The defendant appealed against a bankruptcy order made against him and against an order dismissing his application to annul the bankruptcy. The Royal Bank of Scotland (“RBS”) had served a statutory demand upon Mr Brown based on a guarantee signed by him to guarantee the repayment of monies advanced by RBS to a development company owned and controlled by him. Mr Brown made an application to set aside the demand and this was dismissed as was his appeal. RBS then obtained a bankruptcy order against Mr Brown on the basis that the debt on which the bankruptcy petition was based had been established by the statutory demand.

It was held that the appropriate time to challenge the debt was at the statutory demand stage. All the points disputing sums claimed in a statutory demand should have been dealt with at the application to set aside the demand. Mr Brown’s application and appeal were therefore dismissed.

[Tools]

Re: Help

Hi Rico,

As an aside, their initial harassment actions as we know are totally unacceptable.
You may also wish to remind them that under the Administration of Justice Act Section 40.
Administration of Justice Act 1970 (c.31) - Statute Law Database

Punishment for unlawful harassment of debtors. — (1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he— (a)
harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

Their actions, taking photographs of your house and the intimidation etc do constitute harassment, I would make it known you are aware of this.

[ricodesign4fzr]

Re: Help

Just to let you know, Go Debt have come back & said that it makes no difference that the printer was collected by GE Capital & it doesnt matter that it was sold because they are going for the loss in future rental, end of.In that case do you think we would have grounds to ask for a stay in proceedings?
Thankyou for all your advice, its so appreciated.
Im of to the courts now to get the forms.

[ricodesign4fzr]

Re: Help

Just to let you know I have made Go debt very aware of that their intimidation is unlawful, right at the very beginning or numerous occassions. But the thing is it makes no difference to Go debt. they know all that will happen is people will make a complaint to the relevant body, & they may get a slap on the hand.
the internet is full of how Go debt/Hollis briggs have treated people & how many people have made complaints against them but it makes no difference.
Unless you have loads of money to fight or have a fantastic knowledge of the law then you are stuffed. Go debt know people who have debts havent got the money to seek a solicitor, they play on the vunerable.
Im sorry I keep sounding off, but im so angry & upset. thnakyou so much for listening

[Guest]

Re: Help

You can download the forms from the HM Courtservice website, you do not need to go and collect them. Look here EX160 and N244

If GoDebt are suing for loss of future rental, what does their claim against your husband consist of?

Not only they, every party to any litigation has a duty to mitigate their loss. What have they done to mitigate loss in this instance? Is it credible that the printer would have been collected and then never rented out again, because if so, why bother to collect it at all?

File the N244 and have them prove their case properly and fully before a court instead of preying on you and your husband with their mendacious ways.

Finally, stop talking to them, write letters only. Never telephone them again and if they telephone you, hang up.

[Tools]

Re: Help

And if they continue to call Telephone Harrassment - Legal Beagles

[ricodesign4fzr]

Re: Help

My husband has just had a call from them. They are willing to put a charge on our house, but will charge interest from day 1. That means the 5600 will become thousands upon thousands, then also a payment of 75 pounds a month. I cant beleive 3200 has become this amount. Go Debt said they have already made an appointment with the administrator to come to our house the day after the 16th. Plus if we do decide to settle we would also have to pay the money they have already paid the administrator.

We have managed to get 3k, but thats it.

Thankyou again for your advice. The thing is this is they are preying on people like us, who do not have the knowledge or the money to fight this.

[Amy]

Re: Help

Why are you still speaking to them on the telephone?

[ricodesign4fzr]

Re: Help

They have just sent us this by email:


Here is a copy of the calculation sheet showing your contractual interest accruing at a rate of 2% a month :-

Original Debt Termination Date Todays Date Rate Number of Days Daily Rate Interest Total
£3,100.25 12/11/2003 06/06/2008 24% 1668 2.038521 3400.252 6500.502





The costs for bankruptcy need to be added to these figures giving you an o/b of £8928.95 at today’s date.

[ricodesign4fzr]

Re: Help

I have only just got your advice about not speaking to them on the telephone. Its just my husband & I are so scared about this.

[Amy]

Re: Help

I know and I understand. I've sent you a PM xx

[Tools]

For information, Rico is now a registered VIP member and as such has access to the shoutbox and other additional forums to help her and hubby.

I have to stress to you again Rico, no more communication with them by telephone and everything in writing, there is a VERY good reason for this and it will stop their verbal intimidation. It is all too easy for them to trick or pressure you into agreeing something over the phone, but by mail/email, you can get advice here first before responding or committing yourself to something you may later regret.

[scoobydoo]

Re: Help

Can I just ask a question - in the four years after the printer was collected was there no communication at all regarding the loan? No statements , no letters ? Pesumably you stopped the payments as you thought returning the printer was the end of it. So why did GE not ask you for money then ? Were they adding charges during this period of time - and what did you think the amount owing on the loan was when you returned the printer? Did you move house during this time?

Also is there not some proceedure when GE hand the debt over to GE? Are they not supposed to notify the person what is happening and give them a chance to repay at that stage?

I think that there seems to be a dereliction of duty from GE way before Go debt got involved ?

Any comments from the more experienced posters ?

[ricodesign4fzr]

Re: Help

When we experienced difficulty with the payments we notified GE straight away. They then sent us a letter saying we owed £3200, but this was before the printer was taken. Then GE said the printer could be taken & that would be it, end of. Hind sight is a marvellous thing & we have no paperwork regards this. The only paperwork we have is what I have been able to obtain recently to say the printer was taken on the 7th january 2004 & that was from GE's agents.

We havent moved since the this has happened & we have always been on the electoral roll.

GE capital since then have never been in touch & that is what I dont understand. What really infuriates me Go debt havent been in anyway understanding & have threatened bankrupty from day 1. They want the whole amount or nothing.

[frisp]

Re: Help

Inform the court you are awaiting the following data under CPR 18 rules and request that Bankruptcy proceedings be put on hold until you are able to clearly define your case in rebuttal. A reasonable court should give you this stay.

Once you get this stay the eggheads on this site can really help you to put the bite on this organisation.

If you get everything ordered the court must take a reasonable view or risk being over turned.

If not done so
SAR GE Capital
SAR the DCA/Ambulance chasers


Post here the credit agreement it may not be enforceable, if we can look at it we can tell you whether it is moody or not, have charges been added to the total that are unlawful i.e. excessive penalties or collection charges.

All of the above will help the guys form your counter case against the DCA.

Keep calm and gain some time by following the above and other advice given on the thread so far.