Help

[ricodesign4fzr]

Hi there. I think I may have found this forum a little to late for any help.

Basically 4 years ago my husband had his own business and he took out a credit agreement with GE Capital to buy a printer. About a year later the business got into difficulty & he contacted GE Capital to say he was having problems with the repayments & that unfortunately his business was going to fold. GE Capital said thats fine & said they would send someone to collect the printer & that would be the end of it. Well that is what we thought ...

Last year we received a letter totally out of the blue from a company called Go Debt, stating that they required 3295 pounds for the printer. We wrote back to them & told them that we disputed it & even if we didn't we cannot afford the money they required. WE also said we were shocked to hear from them regarding this matter because we have had no communication from G E capital in the last 4 years. Anyway Go Debt then sent us a picture of our house (a usual tatic I think for them), and told us to take out an additional mortgage for the monies owed or a loan,otherwise they would make my husband bankrupt. After numerous phone calls (this is where Go Debt use the scare tatics,never in writing), & us being very weak we said we would enter into negoiations with them with regards a repayment plan (I know now this is a wrong move when we thought we didnt owe any money, but we were going through some heavy personal problems at the time).

Anyway to cut a long story short we didnt hear anything from them for a few months & then bingo one night there is a knock on the door, my husband is served with a stat.demand. The outstanding monies now are 4300. We then put in an application to set aside the demand. Unfortunately it didnt go in our favour, even though we had paperwork to prove the printer was collected. We even contacted GE Capital to find out anymore details, but because it has now been 5 years since this happened they no longer have any records apart from the printer was collected by their agent.

Anyway my husband has now been issued with a bankrupty order for 4600, which is to be heard on the 16th.

I contacted Go Debt/Hollis briggs & told them I would do anything to stop this going to court. I informed them we are in the process of selling our house, and that we would put a charge on it & also pay a monthly amount til the house is sold. They did agree, and then said the charge would be 5700 pounds approx and that is with a discount.

I then went back to them & said I would be happy to negoiate the charge amount & that Im not happy its now 5600. I also said to Hollis briggs that Go Debt have never acknowledged that the printer was collected & the fact I know for a fact it was sold ( I have paperwork to show this of which I know they have copies). I said I wish for the amount to be taken off the amount they want. Unfortunately I dont have the amount GE Capital sold the printer for,because as I said they have no record of this.

Anyway Im still waiting for Hollis briggs/Go Debt to get back to us, but they keep delaying & we are running out of time.

I feel agrieved I have to pay for a printer I havent got & was returned, I feel agrieved that we have never heard from GE Capital to say there was a problem/outstanding debt over 5 yaers ago now, I also feel anger & upset that Go Debt have never once entered into negoiations with us & were intent from the very begining to make my husband bankrupt.

As you can imagine Im in great turmoil & have no fight left in me. Im scarred that the thought that I could loose my house over this.

[cupidstunt]

Re: Help

Any update on this ?

Would be nice to know the outcome to help other people.

Re: Help

Any update on this ?

[ricodesign4fzr]

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Sort of. Basically Hollis Briggs were blaming individuals in their own dept. because the court hadnt recieved the paperwork. They then sent the letter to us by email & we faxed it to the court, otherwise the hearing would have gone ahead. It has now be ajourned til Sept, until we have paid another 2.6k.

[Amethyst]

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Did Go Debt get the letter to you and withdraw from the court ?

[ricodesign4fzr]

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Im sending one of to Go debt & one of to G E Capital, so we will se what happens. I suppose I wont be writing on this thread for a little while because I know a SAR can take upto 40 days to come.
Thankyou all again for your advice.

let the battle commence very soon re: Go debt

[Amethyst]

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Glad you are sending off the SAR - are you sending one to the original creditor too ?


Just keep in touch with the court and do NOT take Go Debts word for ANYTHING.

[ricodesign4fzr]

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I totally agree with you, but its really difficult. At the end of the day we have paid now & I want to fight Go debt when I dont have the threat of bankrupty/losing my home hanging over my head. What didnt give me confidence is the fact the judge never looked at the facts regarding the stat.demand so why would he now decide to when no new facts have come forward? IF he never over turned the stat..demand why would he overturn the bankrupty?
I truly thankyou for all your advice & that is why Im about to send off the paperwork for the SAR & we will take it from there.
Im sorry if you think I have ignored your advice, but I have no faith in the court where I live.

Re: Help

I fail to see why you are surprised at this. There are three pages to this thread with plenty of advice on what to do, yet you have paid attention to GoDebt and Hollis Briggs only with entirely predictable results.

If you are not willing to take notice of the advice you have been given here, then hire a solicitor and pay for advice - either way you need to stop taking your cues from GoDebt/Hollis Briggs or this is what is going to keep happening. This is serious. This is not therapy. It is litigation.

Why did you not file an N244 and stay the proceedings? None of this need be happening at all.

Now you will need to attend court because you have no idea what their letter will contain and even if they send you a copy, how do you know it is really a copy and not an entirely different letter?

Your aim at the hearing is to have the proceedings stayed, not adjourned, pending a full and proper examination of the alleged debt and an analysis of the history and proper scrutiny of the methods employed by GoDebt/Hollis Briggs.

Of course, the time for this is passed. The purpose of the hearing next week is to hear a bankruptcy petition, the fact that you have bought yourself some time does not alter that fact and the court may not be interested in your arguments now. Depending on the order that is made, you may need to file to vary that order, or apply for a new hearing.

All this is possible and you could still come out of this ahead, but you need to stop paying exclusive attention to those who seek to take your house and start paying attention to those of us who are trying to help.

[ricodesign4fzr]

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They have confirmed by email they have received the 3k. They sent the letter today to the court, but have not sent a copy to us.Im going to ask them to email me a copy tomorrow. My husband is ringing the court tomorrow to see if they have received it. Its a shame my husband is going to have to take another days holiday for this crap,but needs must. I cant believe this is not going to be canceled, just ajourned til September. I suppose thats how they can justify the charges. I just hope that when they receive my letter with regards the SAR they dont do something stupid. I cant believe even after paying these cowboys that Im still worried about this.

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Did they confirm in writing that they have NOW received the payment.

Did they give you a copy of the letter that they say they have sent to the court, so that you can take it with you.

If it were me I would not leave it to chance that a letter has been sent by them and that the Judge receives it.

I would definately turn up in court with written proof of your agreement with them and that you also have written proof that you have paid the £3K by bank transfer and that they have received it.

I would not leave it to chance, if it were me, I would want to cover all bases.

Wishing all the best.

[scoobydoo]

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Well for a start I ould not trust them about attending.

Can i ask some of the more experienced on here about the fact that GE did not appear to contact the poster for years before passing on the debt. As they have not moved are there not rules about certain important letters being sent "signed for"

Should they not be made to produce evidence of contact?

I am glad to se you are getting help - this is a really awful case,

[ricodesign4fzr]

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Hi there. Baiscally Hollis briggs/Go debt confirmed today that they received the 3k by bank transfer. I then rang the court who told me they have to have a letter from Go debt to say the hearing is canceled. I then emailed Go debt who said they have sent a letter today & basically the hearing for the bankrupty will still go ahead, but neither my husband or themselves have to attend because the judge will read the letter (if it arrives ) & then the hearing will be ajourned till September when they recieve the following 2.6k. At the end of the day Im still nervous by this. Any advice?

[ricodesign4fzr]

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I thought by agreeing to the 5.6k that would be it. Go debt should be bloody satisfied, they have got thousands from us for a debt we shouldn't be paying in the first place. But Im willing to fight them with all your help.
Go debt said they cant confirm that the bankrupty is off till the bank transfer shows up in their account, which can take upto 3 days. Until I have confirmation from the court Im still living on a knife edge.
I just want this nightmare over & that is what it has been. Im stil upset that it has come to this.
Thankyou all so much for your support.

[Amy]

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I don't think this is over by any stretch of the imagination and I'll be shocked if they don't either a) go for the bankruptcy anyway and/or b) whack it back up to £9k.