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not_without_fighting

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Everything posted by not_without_fighting

  1. not_without_fighting
    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
  2. not_without_fighting
    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. not_without_fighting
    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 judg
  4. not_without_fighting
    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. not_without_fighting
    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
  6. not_without_fighting
    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
  7. not_without_fighting
    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. not_without_fighting
    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 wond
  9. not_without_fighting
    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. not_without_fighting
    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. not_without_fighting
    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. not_without_fighting
    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. not_without_fighting
    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. not_without_fighting
    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 evid
  15. not_without_fighting
    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.
  16. not_without_fighting
    No. Didn't know I had to do so at this hearing. Would it be too late if I post it for next day delivery on Monday? Cheers.
  17. not_without_fighting
    Hi unclebulgaria67, yes I have sent the SAR to Barclaycard via recorded delivery. I am tracking it online to know when the receive it. Cheers.
  18. not_without_fighting
    Hi 42man, I took the card out 17th of January 2006.
  19. not_without_fighting
    Hello, went to the court to view my file. Although I was not given a copy of all the documents in the file, but I was given a copy of a page on a form 6.1. A statement was entered under the heading "Particulars of Debt". The statement states "The claim of the Creditor is for payment of £xxxxx.xx being the balance of monies due against a credit account made between the Debtor and Barclays Bank PLC t/a Barclaycard in respect of a Credit Card, under account number xxxxxxxxxxxxxxxx, such agreement being regulated under the Consumer Credit Act 1974. The rights and benefits of the said accou
  20. not_without_fighting
    Thank you. I will contact them later today to confirm this. Cheers.
  21. not_without_fighting
    Thank you for the quick reply. The original creditor was Sky Card and it was later taken over by Barclaycard. The company that took me to court is Lowell Portfolio I Ltd and their solicitor is Hamptons Legal. Yes, I was made bankrupt by the Court in my absence, but immediately I received the court's letter informing me of this, I applied a stay of proceeding and say of advertisement, sighting reasons that I was not aware of the bankruptcy charges and court hearing (I got the idea from this website). I must say that the only letter I ever received from the court was the letter declari
  22. not_without_fighting
    Hello unclebulgaria67 and thanks for your reply. I will send SAR to the 2 original creditors 1st thing tomorrow and obtain the Court's file relating to the bankruptcy application. However, I did receive reply to the CCA and SAR I sent to the company that took me to court. CCA - Although I sent the letter to the company directly, the reply came from their Solicitor thanking me for contacting them about the credit agreement and have requested a copy from my original lender. It further states " We will do our very best to send you the information you asked for within 12 working days, bu
  23. not_without_fighting
    Hello, I am a new user. I hope someone can help as I have a court hearing early November. I stopped paying my Credit Cards middle of 2010 after I lost my job. I could not reach an agreement with the Credit Card companies to pay a smaller repayment until I find a new job. Few months later, I was getting letters and calls from different Debt Collection Agencies. I ignored their letters and phone calls till they stopped. Earlier this year, a man came to my door and asked of me. My brother opened the door as I was not in as he was here on holiday from abroad. He asked the man who he was and

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