Help

[ricodesign4fzr]

Re: Help

We will put the contract up tomorrow. We have filled in the form asking for a stay,but we are very nervous. The last conversation my husband had before i told him not to speak to them, was unless he pays 3k on Tuesday & agrees to pay 2.6k in September, then the amount goes upto 9k. Because Hollis briggs are the supposed solicitors of Go debt then they can keep adding their so called legal charges & that can just go on & on.
The thing is we do not have much faith in our court. With the evidence we have & the fact we have told the court about the way we have been treated by Go Debt, made no difference with regards the stat.demand. Plus if the stat.demand wasnt overturned, then why would a judge overturn the bankrupty order? I read with interest i think its was Amethysts thread re:Royal bank of scotland
Throughout this it is like the court hasnt even looked at the paperwork

[Amy]

Re: Help

Rico, don't panic. We are working on this, ok.

[frisp]

Re: Help

Assuming you get your stay

SAR the solicitors as well

Subject Access Request (SAR) under the Data Protection Act (DPA) 1998
Their Name & Address Your Name & Address

Dear Madam or Sir:
RE: YOUR CLIENT/account reference
As per the Data Protection Act 1998 (Date Protection Act) and whilst this list is not exhaustive I require that you supply me with any and all data in your possession which, in anyway appertains to me including true copies of any properly executed signed agreements, statements of account all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails
If your client is not the original creditor please also supply a true copy of their letter of assignment or if acting on behalf of another a true copy of their predated authority to bring this action.
If you for any reason decide to withhold any data please advise me of your decisions at the earliest opportunity together details of the material being withheld and your reasons in order that I might give such you response due consideration.
I enclose the statutory fee of £10 by way of a postal order and remind you that you have 40 days in which to comply.
May I confirm, as the Information Commissioners Office has stated, that the 40 day time limit is not to be guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in complying with a S.A.R - (Subject Access Request).
Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following:
Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

Post up the original agreement ASAP

Check all statements from GE for late payment charges - if there are any claim them back and inform the DCA that the original total they have claimed is inaccurate due to these unlawful services.

Ask for and chk statement of account from the DCA, look for collection charges, OFT guidance on debt collection disallows charges such as this.

Have you ever received a default notice from either GE or DCA if not the correct process for initiating the Bankruptcy hearing may not have been followed.

Write to the lawyers and remind them that OFT guidance on debt collection disallows the adding of charges and interest where an account is in dispute.

Once GE, the DCA & the lawyers send you all the data they have immediately dispute this and send them a CPR 18 request for data all of this will drag things out for the guys on here to structure your defense properly.

Keep the court informed that you are trying to obtain the information to form your defense.

[ricodesign4fzr]

Re: Help

Hi everyone. As you can imagine my husband & I arent havent the best of weekends, all we have done is talk about Go debt. My husband wants to just go along with the 3k Tuesday & then 2.6k in September option. He feels that is the only way, especially afetr reading Ame's thread about the stat.demand/bankrupty re bank of scotland.
He feels paying the 3k is paying of the original debt that was owed or what is claimed for by Go Debt. he feels the longer this goes on the higher the amount Go debt will claim. A solicitor can just put charge upon charge on & thats what Hollis briggs are doing. Go debt dont mind this because they are Hollis briggs.
So I have a question if we pay the 3k, could we not then argue the toss with regards the 2.6k ? They then have the original money they wanted bar £200.
What do you think?

[Amethyst]

Re: Help

First we need to see the contract.

Which thread do you mean ? if you can copy the link into here that'd be a help cause I cant find which one you mean - sorry probably just me being blind.

And no I dont think paying 3k will help at all - they won't stop till they get the lot until you sucessfuly dispute what they say you owe.

[Amy]

Re: Help

If you pay it they will think they are quids in (which they will be) and go for much more.

Don't let them bully you into paying what you do not owe. If I come round to your house and bully you will you give me £3k to go away?

[ricodesign4fzr]

Re: Help

I know what you are saying, but if there is even a 1% chance that my husband will go bankrupt then we are really in the crap. Its just I feel I have found this a little too late. I think if we have found this at the stat.demand stage then I think then maybe we both wouldnt feel so worried.
There are no guarantees and even if we get a stay and the paperwork comes through and its not in our favour lets just say, then all that will happen is Go Debt/Hollis briggs will just keep putting their charges up.

[Amy]

Re: Help

Of course it is entirely up to you what you do, but I would suggest that if they get sniff of money that they are not entitled to collect they will be all over you like a rash and probably still make you bankrupt just because they can.

[Amethyst]

Re: Help

We havent seen the arguments you put forward for the stat demand set aside application that failed nor the original contract. You really need to type up or scan these in.

On the information you have given us so far we really cannot see why the stat demand set aside would have failed and in order to go ahead with the stay of proceedings for bankruptcy we need to know what the arguments were and why they werent accepted by the court.

If you pay, and it is your decision though we highly recommend against it, then it will not put the kybosh on bankruptcy proceedings. You will have to negotiate with godebt and they will push and push for as much as they can get out of you. It will not stop at paying the 3k.

[Amethyst]

Re: Help

And Amy and I are not discussing this but still saying the same thing (within seconds lol) so hopefully that gives you a bit more confidence in what we are saying.

[Amethyst]

Re: Help

Have the docs now - sorry they'd diverted to my junk box.
Will have a good read now.

[Amy]

Re: Help

And Amy and I are not discussing this but still saying the same thing (within seconds lol) so hopefully that gives you a bit more confidence in what we are saying.

ROFL! Spooky.

[Amethyst]

okay in letter from GE dated 14/2/08 states ' the proceeds we received were deducted from the debt outstanding at that time'
)
Do you know what that amount was at that time (January 2004)

I'd guess not thus we need the SAR on GE to find this out.

still reading.

Ahhh

GoDebt have confirmed the amount outstanding at the time the printer was collected was £822.50.

[Guest]

Re: Help

How has a debt of £822.50 reached almost £9000?

Have you filed the N244 with the court and sent off a Subject Access Request to GE and to GoDebt?

[Amethyst]

Re: Help

December 03 - claim calculation doesnt add up.


Arrears due 885

plus compensation for lost income 2450

LESS sale of printer 2389

LESS discount 60.00

DOESNT EQUAL £3275 as stated on that paperwork


am i missing something ?