Help

[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.

[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?

[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.

[Amy]

Re: Help

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

[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

[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.

[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.

[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 ?

[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.

[Amy]

Re: Help

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

[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.

[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.

[Amy]

Re: Help

Why are you still speaking to them on the telephone?

[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.

[Tools]

Re: Help

And if they continue to call Telephone Harrassment - Legal Beagles