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not_without_fighting

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Posts posted by not_without_fighting

  1. Did you submit costs with your annulment papers ? if not then you may not be able to claim them.....you can certainly ask the judge.

     

    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. The issue here isn't the legal assignment, I have no doubt it was carried out in a debt sale agreement. Keep your focus on the agreement, the Consumer Credit Act and the non production of an affadavit / certificate of continued service in line with the Boggis high court ruling.....CLAIM YOUR COSTS TOO !!!

     

    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. You can state that it is the subject of legal action and that you would like confirmation in line with High Court Law - Welsh Ministers vs Ezsias that they do not hold the following.

     

    Agreements

    Notice Of Assignment

    Default Notice

    etc etc

     

    Regardless of the above you made it quite clear in your Subject Access Request what you required, it isn't an unreasonable request and they have not complied or in your opinion they do not hold the agreement...which by law should be held for at least 6 years after the account is closed to comply with Treasure Money Laundering rules. - http://www.consumeractiongroup.co.uk/forum/showthread.php?155691

     

    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. I think you should write to Barclaycards compliance manager stating that Lowell have advised that Barclaycard issued a notice of assignment, saying Lowell had been assigned the account. If this is so, can they supply a copy of the notice of assignment that was issued. Also you have made requests for a copy of the Consumer credit agreement, which has not been forthcoming. Ask them that if a copy of the CCA is not available, would they confirm this is writing.

     

    I think your next court date is coming up shortly, so you need to make sure Barclaycard is aware of the urgency of the request.

     

    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. The affadavit from your brother is also key....

     

    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 SARlink3.gif 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. 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.

  8. You can request the judge to order Lowells to provide EVERYTHING....deed of assignment, notice of assignment, default notice, termination notice, statements for the duration of the agreement, details of PPI, and it should be an 'unless' order, so if they can't find the documents by (date) then the bankruptcy be annulled.....please remember that you will have to go back to petition stage after the annulment under the 'slip' rule.

     

    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.

  9. 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.

  10. 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.

  11. 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.

  12. OK thank you UB.....the OP needs to get the annullment in ASAP. Copies to the original creditor, copies to the official receiver and the court !!

     

    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.

  13. 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.

  14. 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.

  15. I think for next week, it would help if you had a witness statement from the wifes brother about what happened with the server who visited the house. Also you will need to submit testmimony that you were not living at the house at the time. Perhaps a witness statement from someone where you were living. It may be worth making the effort getting these, as you can use them again in November to show that the SD was not served correctly.

     

    Presume the judge will just want to know that you knew nothing of the statutory demand and then they will put matters on hold until November. Hence why it would be helpful to have the information above.

     

    Lowell and Hampton are the same, just different desks. Hampton is just the branding used to separate the bit, which is registered for legal reasons.

     

    Lowell are also registered as a name for the debt buying and Hampton will show Lowell portfolio as their clients.

     

    So they are waiting for the CCA from Barclaycard and will supply the SAR in due course. If you send an SAR to a debt company, it won't contain much, as they start off with a spreadsheet entry about the debt and build from there. They won't have a file of information from Barclaycard.

     

    Hopefully you have sent an SAR to Barclaycard and you will hear back in due course.

     

    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.

  16. 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 account were duly assigned from Barclays Bank PLC t/a Barclaycard to the Creditor by way of a Debt Sale Agreement dated xx/xx/xx and notice of assignment having been served upon the Debtor by the Creditor on xx/xx/xx (following day the debt was sold) in accordance with the provisions of Section 136 of the Law Property Act 1925.

     

    The balance of the debt at the date of this demand remains outstanding and due for payment by the Debtor in the amount of £xxxxx.xx despite previous written and verbal requests for payment being made by the Creditor to the Debtor".

     

    I was also read an extract from the Affidavit submitted which claims that someone came to my house, I opened the door and confirmed my name. Refusing to accept the letter, it was placed through the door into the house, I took it from the floor and through it out of the door.

     

    Round the time they are claiming the visit was made, I was going through separation with my partner. At that time she had asked me to leave the house. I was then staying with a friend. After confronting her about it, she said that someone came around whilst her brother was staying with her for few days and she was out to work on the day. Of course no love lost between the brother and I, but his version of the event is different from what the wrote in the affidavit. He told his sister that when he opened the door, the man asked of me. He asked him what he wanted and the man said he was from a company. Not hearing what the guy said properly, he asked him which company did he say, thinking he was from a gas or electricity company or someone from the council. The man then told him to accept a letter. He refused to accept it because the man was reluctant to repeat the company he was from, then the man dropped the letter through the door. That was when he picked it up and throw it out. Of course when she came back home the letter was not there and she thought nothing of it.

     

    I asked if it was possible to summon the brother to court to explain his version of the story, because I don't think he will go simply on me asking kindly. I was told I could put it to the judge when I see him next week.

     

    The court had booked an emergency session for me for next week as a result of me contacting the OR and mentioned that I have applied for a stay of proceeding and advertisement. She said that the have used their discretion not to advertise the Insolvency, but since they have not received an order from the court to stop proceedings, I will still need to fill out the form sent to me and attend the interview. I explained to her that I did include it in my application for annulment in court. She told me to visit the court again as the court should have fixed an urgent hearing to of my request for stay of proceeding. When I went to court to explain this, I was then given a date for next week for the hearing. Now I have to prepare for this, which I don't have a clue of what to say or do on the day and I still have the hearing for the annulment in November.

     

    I did receive a reply from Hampton Legal, even though I sent the CCA to Lowell Portfolio 1 Ltd. It read " We have requested a copy of your credit agreement

    Thank you for contacting us about your credit agreement. We have asked your original lender for a copy.

     

    We will reply as soon as we can

    We will do our very best to send you the information you asked for within 12 working days, but this does depend on when the original lender can send it. We will let you know if we do not hear from them in time.

     

    We're here to help

    In the meantime if you have any more questions we'll be pleased to help you.

     

    Please do phone us on.....

     

    - My question is why is Hamptons Legal replying my letter when I addressed and sent by recorded delivery it to Lowell?

    - Why has Hamptons Legal listed Lowell as the original client on their letter:

     

    Lowell Ref: xxxxxxxxxxx

    Original Client: Lowell Portfolio 1 Ltd

    Original Reference: xxxxxxxxxxxxxxxxxxxxxx

    Current Balance: £xxxxx.xx

     

    - By listing Lowell down as the Original Client, do this not remove Barclaycard from the picture?

    - Since Hamptons Legal are saying Lowell is the Original Client, should it not be Lowell providing the copy of the credit agreement?

    - In my letter to Lowell, I requested for a copy of the credit agreement and a full breakdown of the account including any interest charges applied. The reply from Hamptons Legal only talks about the credit agreement.

    - Under the Consumer Credit Act 1974, should this debt not become unenforceable if they are unable to provide both documents?

     

    I also got a reply from Lowell regarding SAR I also sent to them. This time, it was Lowell that replied and not Hamptons Legal. They also listed themselves down as the original Company (this is definitely confusing to me). Although the recorded delivery says that it was delivered on the 8th of September. I have just received the reply and they are talking of another 40 days before they can reply. It says " We would like to clarify that the data you will be provided will only relate to the original account purchase details and the subsequent information held by our company from our dealings with you. The Data Subject Access Request will not include information held on the account by the original creditor prior to the sale of the account. For that you will need to make a separate request to the original creditor".

     

    I don't know why they decided to reply the SAR, but not the CCA.

     

    I look forward to hearing from you all.

     

    Thank you.

  17. 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 declaring me bankrupt. I have received a letter from the Official Receiver requesting I attend an interview. I called them to say that I have applied for a stay of proceeding and I will not be attending any meeting till after the hearing. I was told that they have not advertised it yet, but my name is already on the IIS website. I will be able to say more later today after a visit to the Court. Cheers.

  18. 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, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time." On the top of the letter, it states the company that took me to Court as the " Original Client".

     

    What I would like to know is:

    1. why is it the solicitor replying a CCA request?

    2. why are the saying that the company that took me to court is the original client?

    3. should I ignore the Solicitor's reply to the CCA and send a follow up letter to the company saying I'm yet to receive their reply to the CCA and where can I find a template letter that will explain all the legal consequence of them not providing the CCA as requested?

     

    SAR - I sent a recorded delivery on 04/09/12 and it was delivered and signed for on 08/09/12. The company replied the SAR on 18/09/12 saying they are dealing with my request and will reply within days. But information they are going to send only will contain their dealings with me and I will need to contact the original creditor prior to the sale of the account to them.

     

    What I will like to know is:

     

    1. should I only send SAR or both SAR and CCA to the original creditors?

    2. since the new hearing is early November, what should I do if I don't get an answer on the SAR back from the previous creditors?

    3. would I be able to ask for a continue stay of the proceeding until I get the reply back?

    4. I did call the original creditor in relation to PPI and was told that it was still under judicial review and still awaiting judgment. Can I use as part of my defense that the account is under dispute?

     

    I await your humble reply.

     

    Cheers.

  19. 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 which company he was from. As the man appeared suspicious and was evasive with his reply, he refused to confirm my name when he was asked and the man asked him to take a letter from him. He refused to do so and he throw it through the door and said he was served, thinking he was me.

     

    I usually do not open the letters and return them back to the senders. But I received a letter from the County Court. This I found out because it had the County Court address on the envelope and opened it to find out that I have been declared Bankrupt in my absence. Apparently, this was the second time the hearing took place which I failed to attend.

     

    To my surprise, the only time I got a letter from the Court was when I found out that I have been declared bankrupt. There was no letter from the Court to attend the first and the second hearing. There was no way I could have missed the letter if it was addressed like the only one I got, which had the Court's address on it. I found out from this website to contact the Court immediately and apply for a stay of proceeding and advertisement. I also said that I was not aware of the Court hearing or having any knowledge of owing the company that has filed bankruptcy against me any money. The Court has granted another day for the hearing early November. I sent 2 recorded delivery letters to the company. One of the letter I sent with £1 postal order giving them 7 days to provide original copy of the Credit Card Agreement. I have received a reply saying that they have requested it from the original Creditor. Another letter (SAR) I sent with £10 postal order requesting full information about the debt (used a template I copied from this website). I have received a reply saying that they can only provide evidence of purchase of the debt and any communication they have with me, but that I need to contact the original Creditor for earlier documents.

     

    Two things I will like to mention:

    1. The original creditor was xxx Card which I signed the agreement with. It was later taken over by xxxxxxxcard when xxx Card pulled out and no longer providing Credit Card facility.

    2. The Credit Card number on the Court paper is different from the number of the card I stopped paying. The only similarity is the first 4 digits, everything else is different.

    3. I did not receive any letter from xxxxxxxxxxx that the debit has been sold to the company that took me to Court.

     

    Can anyone advise on how I should prepare my defense for the Court appearance. Should I send SAR to xxxxxxxxxxx request for a copy of the original credit agreement, even though I know that all the previous bills I still hold do not match the card number on the Court paper. I am worried they might contact the company that took me to court and inform them of my possible defense. Please help anyone. Thank you.

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