Help

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.

[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

[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.

[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.

[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.

Re: Help

You will need to file an N244, which you can download or collect from the court. It does not need to be completed by a solicitor and is not at all complex.

Regarding the fees, you can apply, using the form EX160 for an exemption or remission as fees can be waived or at least reduced. In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.

Even though you may not be exempt from paying a fee but think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission. At all times Court staff must ensure that they meet the statutory obligation contained in s.92(3) of the Courts Act 2003 of protecting access to justice.

"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."

The exemption and remission applies to all fees, including an N244.

The test for remission is based on both income and expenditure—it takes full account of all of a person's commitments and liabilities not just how much money they have or receive.

This is not means tested, it does not matter what you earn. What matters is whether or not the fee for filing your claim will cause you financial hardship. That means right now, when you need to file it. If you do not have the money to file your claim then that qualifies you for remission.

By law you are entitled to access to justice as and when you need it - not just when you have some spare cash.

If you stay the proceedings, then there is not need to oppose the bankruptcy, because it cannot be heard until the stay is lifted. This will give you time to contest the legitimacy of the original debt and the fees that have been added.

I suggest that you serve GE with a Subject Access Request under the Data Protection Act 1998 and, provided that the loan was less than £25k, I would also serve them with a request under the Consumer Credit Act 1974 as this may turn up information that the SAR does not.

You can do this because the debt was incurred personally and not through a limited company, therefore, the DPA applies.

While you are at it, you might as well serve GoDebt with an SAR too and find out what they have on you.

What you and your husband choose to do is of course entirely up to you, but I would caution you that GoDebt do not want a charging order and neither are they likely to settle for £100 per month. They want it all, right now and will not stop until they have it.

If you need help with the N244, or with anything else, ask.

[Amethyst]

Re: Help

:hug:

I don;t know if going for a stat demand mid proceedings on same debt might be a bit of an abuse of process. But sounds like it should be. Whats the point of having an appeal if they can just ignore it and go for bankruptcy mid way through.

Do you have any of the documents/info you or GoDebt submitted regarding the set aside stat demand application ?

[ricodesign4fzr]

Re: Help

I have just contacted the court & have been told that I will have to pay a fee of 60 pounds for a stay of proceedings & 60 pounds also to oppose the bankrupty. They also said the forms are very complicated and should be filled in by a solicitor or go to the CAB. I went there before & they were no good. All they did was bring up pages from a debt site.
My husband has lost all fight in this & wants to just go ahead and let them put 5600 on our house & also pay 100 per month.
I feel so upset by this,but my husband is terrified of being made bankrupt. We have family & also it would effect his job etc.
I feel we are giving in, & I also feel that we have no way to turn. Even the court itself has been no help.
It seems in this country although we have certain laws that companies should adhere to, they dont. Then people like us they just walk all over and get away with it. We dont have the money to hire solicitors & we wouldnt be liable for legal aid either.

[ricodesign4fzr]

Re: Help

Yes from the statutory demand.

I also missed out previous they went in the middle of december for a county court judgement. Due to the christmas post our paperwork was 2 days late. We filed for an appeal which was granted. Then 2 weeks before we went to court (even though Go Debt we had an appeal date), my husband was issued the stat demand.

On the 16th feb he went to court & then the judge only talked about how we get the stat demand set aside. He then said we would be given a new court date for the appeal once the stat demand was set aside. he said this would be about 6 weeks.

The next we knew we had a letter from the court saying the stat demand was not set aside, and that was end of.

We then tried to negoiate with Hollis briggs & then didnt hear nothing, then the bankrupty petition was served.

[Amethyst]

Re: Help

Judgement debt dated 07/01/08 = £4319.32 (copy supplied previously)


Which judgement ? from the stat demand ?

[ricodesign4fzr]

Re: Help

When we heard from Go Debt last year the original amount was 3225 pounds, which isnt mentioned in there breakdown.
On the bankrupty order it state 4500 aprox.

[ricodesign4fzr]

Re: Help

Breakdown as supplied by Hollis briggs


Judgement debt dated 07/01/08 = £4319.32 (copy supplied previously)

Petition debt dated 18/04/08 = £4556.32 (includes £237.00 for Statutory Demand costs) (copy supplied previously)



Petitioning Costs:

Attendance upon Petitioning Creditor and Letters Out; £748.00

Attendance on Debtor and Letters Out;

Attendance on Enquiry & Solicitors Agents;

Work done on documents



Petitioning Disbursements:

Enquiry Agents Fee £176.25

Local Agents Fee £88.13

Court Petition Fee £605.00

(Official Receiver Deposit of £415.00 will be returned when the Petition is withdrawn)

HM Land Registry £3.00

Bankruptcy Search Fee £4.00



Total Petitioning Costs & Disbursements: £1,624.38



£4556.32 (pd) + £1624.38 (p&d) - £415.00 (ord) - £237.00 (sd already charged) = £5528.70

[Amethyst]

Re: Help

They have given me a breakdown of how it has gone up by nearly 2300 pounds & thats with a discount.



Can you post up the breakdown pls.

[ricodesign4fzr]

Re: Help

I probably sound very stupid. Firstly with regards a stay of proceedings, do I have to download a form before I have to go to the court or is this something I have to get from the court itself?

Secondly because it is now very late in the day, im just wondering that I no you have to submit 7 days before the hearing the defense to the bankrupty, its just Im concerned that if the court dont give us a stay in proceedings then will it be to late to submit our defence?

At this moment in time I am trying to negoiate with Go Debt/Hollis briggs & I keep saying the same thing to them. I keep asking for them to acknowledge the printer & also why GE Capital never contacted us to say there was a problem. I also am concerned that the debt has now gone from 3200 pounds approx to 5600 approx. They have given me a breakdown of how it has gone up by nearly 2300 pounds & thats with a discount.

As I said previously I wouldnt even mind paying the debt if we had the goods, but for the goods to have gone 5 years ago is a complete joke.

I also think Go debt are a law to themselves, & what upsets me there are loads of forums about how badly people have been treated & yet Go debt/Hollis briggs just seem to get away with it & do what they want. I quoted them many points where I believe they have gone against the OFT's debt collection guide. I also told them the court would expect all parties 'to act reasonably ...in trying to avoid the necessity for the start of proceedings.'

I feel we were let down when this went to court & that is why I am so worried about this. I dont feel we have been heard at all & I can see injustice in this from the very start.

[ricodesign4fzr]

Re: Help

Thankyou all for your help.

1. My husband was a sole trader
2. The loan was in my husbands name
3. We included all the documentation we have including emails & sent them alongside the statuary demand.
4. We requested the information from the litigation department at GE & this was done via the phone, and then they emailed us over 2 documents, one from themselves & also one from a company who collected the printer.

We will apply for a stay of proceeding tomorrow, didnt realise we could. A legal helpline I spoke to said I couldnt. Anyway thankyou, we can only hope.