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not_without_fighting

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About not_without_fighting

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  1. Hello, Just came back from court. The judge decided to adjourn the case again. He said that the all hearing rests on the fact that I claim not to have been served the SD and if does proves the case, there is no reason to hear other items raised by me. So in view of this, he as requested the court attendance of my witness and Lowell's witness that served the SD. The case will now be heard at a new date within the next 28 days. This wasn't what I was hoping for. I thought I can have it all behind me by today. Well, I guess the battle continues. Once again, thanks for all the support. Regards.
  2. Thank you very much for all the support. I am about to step out in the next 15 mins to meet my waterloo head on. I will let you know the judgement as soon as I can. With regards to asking for payment of my cost, do I need to present it after the Judge as given his/her conclusion or during the time I am putting my case to the Judge. Do I aslo need to give evidence of the claim i.e. Transport cost to court, postage cost. Cheers.
  3. Hello, got a letter from a company called bwlegal saying that Lowell has asked them to represent them at the annulment hearing. Part of the documents sent is a witness statement from a member of the firm explaining why the court should not cancel the bankruptcy. What I have observed is that the document was written 7 days after the date the judge gave Lowell to file any response to my defence. If the case is that they did not file the paperwork as instructed by the judge, can I request that the court should not consider any statement on this document. Can I request for default judgement? Also included in the document is a copy of what is meant to be a notice of assignment from Barclays Bank. However, the product is from Barclaycard and all correspondence is from Barclaycard Customer Service. But this letter with no letterhead and no visible name of the person that wrote the letter has been sent by Barclays Bank. At least that is what I'm supposed to believe. Also the letter contains Lowell reference number even though the letter was sent the next day the debt was sold to them. The letter looks pretty much what Lowell wrote themselves. By the way, the hearing is tomorrow morning. Cheers.
  4. Thank you for the quick response. Should I mention in the letter that the information is required for a court hearing which is sitting beginning of next week. Also, I am yet to receive a copy of Lowell's defence. Should they not send me a copy to prepare myself? The court gave them till last week Friday to submit their defence to court. Cheers.
  5. Hello, managed to get my defence on time. Hand delivered it to court and OR. I sent Lowell's copy by registered post for next day delivery. I also received both Barclaycard and Lowell's reply to the SAR I sent. Lowell sent the transcript of my meeting with their lawyer before the court appearance for the stay of proceeding. They also sent a copy statement for what they say I owed. I never saw it before so I guess they just created it. They did not send a copy of the agreement, notice of Assignment nor deed of Assignment. Barclaycard also sent tones of bank statements. Signed copy of my application. Details of their correspondence with me but did not send copy of agreement or notice of assignment. I also noticed that Lowell said in the court paper that the debit was sold to them on a particular day and a notice of assignment was sent to me the following day by the original creditor. I have read the document that Barclaycard sent to me of all the communications they had with me and no entry was made for the day Lowell claims the NOA was sent. Please all comments are welcomed. Cheers.
  6. Hello, managed to get my defence on time. Hand delivered it to court and OR. I sent Lowell's copy by registered post for next day delivery. I also received both Barclaycard and Lowell's reply to the SAR I sent. Lowell sent the transcript of my meeting with their lawyer before the court appearance for the stay of proceeding. They also sent a copy statement for what they say I owed. I never saw it before so I guess they just created it. They did not send a copy of the agreement, notice of Assignment nor deed of Assignment. Barclaycard also sent tones of bank statements. Signed copy of my application. Details of their correspondence with me but did not send copy of agreement or notice of assignment. I also noticed that Lowell said in the court paper that the debit was sold to them on a particular day and a notice of assignment was sent to me the following day by the original creditor. I have read the document that Barclaycard sent to me of all the communications they had with me and no entry was made for the day Lowell claims the NOA was sent. Please all comments are welcomed. Cheers.
  7. Thank you for the reply. I will hopefully finish my defence this weekend and hand it in personally to the Court and OR. To get it to Lowell, should I send it recorded delivery on theday it is due or couple of days earlier, making sure it gets to them on the due date? Cheers.
  8. I almost forgot to mention that I got the SAR back from Barclaycard yesterday. I don't know if it is a good thing, but it only contains copies of the monthly statements and nothing else. The cover letter read " You recently asked for a copy of the personal information that we hold on you. Please find a copy of your statements enclosed with this letter. Unfortunately, we can't provide you with copies of any individual default charges that have been made on your account. However, you'll find these charges detailed on the enclosed statements". No other document was included. I wonder if this is enough to satisfy the SAR I sent, as there were more documents I requested. By the way, nothing has been sent regarding the CCA I also sent. Cheers.
  9. Hello 42man, thanks for the continuous flow of information and not to forget unclebulgeria67. What I will like to ask is at what point do I need to make the request to the Judge. Would it be during the Annulment hearing or should I include it in my defence, since Lowell are to submit their defence a week later. I have been reading about CPR 31.14 or is it too late in my case to send one. Sorry I keep asking you questions as I feel that I've only got one chance to get this right. Cheers.
  10. Thanks guys. The judge has given me till the end of next week to submit my defence and Lowell till the end of the following week to submit theirs. Could I still request for both proof of Assignment and Notice of Assignment when I submit my defence and will Lowell need to provide it when they submit their defence or when they appear at the hearing. Cheers.
  11. Hello and thanks for the reply. I have been reading the Ruskine v American Express case and I was not clear on the part of s 78 (1) not applying when the contract has been terminated. Does this mean that since I stopped making the repayment, the contract is considered terminated? Also, should Lowell not provide to the court a copy of the agreement to prove they now own the debt? As I did not receive a copy of the NOA, does this mean that Lowell technically do not own the dealt? Cheers.
  12. Hello, I have downloaded the form 6.19 and filled it out. But it is only one page document. Should I be handing over my defense with this form eventhough it is called "Noticeby Debtor of Intention to Oppose Bankruptcy Petition". Since I have already been made bankrupt, should I still be using this form? I'm also worried that the Judge asked me to present my case before that of Lowell who are to reply a week later. My concern is that Lowell can come up with a version of document I've not had the chance to see and claim it is the real thing. Cheers everybody.
  13. Hello 42man, sorry for the ignorance, can you tell me what you meant by OP and a copy to original creditor (Barclaycard is the original creditor and it was Lowell that filed the Bankruptcy). The Judge has requested I send a copy to Lowell, if this is the case, should I still send a copy to the original creditor (Barclaycard). Cheers and thanks for the support. It means so much to me.
  14. Hello Caggers and thank you for the support. I attended the Court hearing today and the Judge ordered a stay of proceeding till the Annulment hearing takes place in about 4 weeks time. The OR tried to object it for reasons that they won't be able to carry out their searches, but the Judge still went ahead with the order for the stay of proceeding. However, the Judge wants me to submit my evidence within the next 2 weeks and send copies to the claimant and OR. The claimant should then submit their defense a week later. My thought was should it not be the Claimant first providing their evidence to prove the money is actually owed and me providing my own defense at the back of that. What was also strange to me was that the Judge was taking guidance from the Claimant's lawyer. Pardon my ignorance, I thought the Judge is supposed to know much about the law or a court clerk guiding the Judge and not the Claimant's lawyer. What if he leads the Judge down the path that might be favorable to his client. I was also able to get photocopies of documents submitted to the Court by the Claimant. I also got a letter from the original Creditor that they are still dealing with my request. My thought was they should provide the information 12 + 2 days after the request was sent. Since this period has passed, does this mean that the debt is now unenforceable? Or should I write further letters to chase for the information, mind you I've only 2 weeks before I must submit my defense. The lawyer of the Claimant was requesting for my evidence that I was not living at the property when the SD was served. I did say that I was at the time going through separation and although I was not living in the property at the time the SD was served, I was not renting but staying with a friend, therefore I do not have any bill as requested by the Claimant's lawyer. 42man asked when I took out the credit card - th of January 2006. Does this have any bearing on the case? Hope to get some more guides. Regards.
  15. Hello, just was want to find out if the defence / affadavit I'm submitting for the hearing this coming friday should only be limited to: 1. Satement from me that I was not the person the SD was served. 2. Statement from my brother-in-law that he was the person the SD was served. 3. Statement from my friend to say I was staying with him at the time the SD was served I should not at this point include the defence why I should not have been served in the first place. Further assistance will be highly appreciated. Kind Regards.
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