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Kp1234

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About Kp1234

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  1. Thanks guys just a couple more questions Lowells are now saying i made payments to Lowells in 2008 and the debt is not statute barred . They have provided no evidence and i have no recollection of this. What do they have to provide court to prove this.? No proper agreement has been provided is this enough to get the bankruptcy dismissed ? Thanks for your help anyone available to hold my hand on Tuesday ? Lol
  2. Thanks citizenB appreciate that i must admit i can't believe how stressful this is lol. This practice must be stopped i can imagine some people could be driven to the brink and no one deserves that. These companies are worse than criminal .
  3. Thanks for the reply citizenB the original hearing adjourned for me to provide a more detailed defence as part of this and with the forums advice i sent CCA requests to Lowells and BWLegal and SARs to all including Capitol one. The court date for next Tuesday at 10:30 was already set. The fact is a proper copy of the agreement still has not been provided will the bankruptcy therefore be dismissed or will it just be adjourned again. What should i do with regards to costs?
  4. Thanks for the advice everyone they rang me today and asked if i had come to a decision. If they do come up with evidence that i made payment in 2008 the fact they have not provided a copy of the credit agreement is this enough to get the bankruptcy dismissed? They now have my defence.
  5. Thanks for this as both BWLegal, Lowells and Capitol one haven't come up with a copy of the agreement can the judge still make me bankrupt next week ? BWLegal say Lowells will now accept a final payment of £460 to settle and that will be the end of the matter. I suppose i am trying to see what the risk is the judge at the last hearing was not very understanding of my amateur status. Can the judge make me bankrupt even if at the hearing i decide to agree to pay if things don't go well.
  6. An answer to my SAR request was received today dorm Capitol one there is a copy of the signature box but this is not a credit agreement is it ? BW legal want to settle and go back to the original offer of £460 and the will settle out of court. They are now saying payments were made on the account in 2008 i have no recollection and the amount they issued the bankruptcy was for the original amount from Capitol one. Should I settle and pay them another £460 whats the risk,in going to court ? Please i need some help with this.
  7. Hi today went to court and filed defence pretty much the same as 42man provided for me thanks very much. Just a word of warning the court is now under an appointment only system they only would talk to me on the phone were rude unhelpful and tried to charge £70 to file the defence blaming me for describing it wrong. No one would see me at the counters and i had to leave it in the post box. My advice would be to telephone in advance and if necessary make an appointment as it was rudely pointed out to me. Allow for a couple of days grace. BWLegal are now claiming payments were made to Lowells i pointed out nothing was made as this is supported in their statement they sent to me. Court next week and i am bricking it. Lol
  8. Hi I wrote to BWLegal explaining that the debt is statute barred they should drop the case unless they want to incur further costs and pay my costs. They have tried to contact me on the telephone 5 times but i was at work and missed the calls. I now need to prepare my submission to court and have a pretty good idea what to put thanks to all of you. I would however like some help with claiming costs do i have to say anything on my defence regarding costs any help would be much appreciated.
  9. In the post today i received a letter from BWLegal stating dear sir bankruptcy petition Lowell portfolio 1 ltd V kp1234 case number ...... Hearing date 14/05/2013 at 10:30 We write with reference to the above matter and enclose by way of service ; Copy of agreement Statement of account They make no reference to my SAR request or CCA request the agreement copy is not a copy of the agreement but shows my signature on the signature box headed up credit agreement regulated by the consumer credit act 1974. The signature is dated 14/12/01. The statement of account is just rubbish it shows 27 pages of moth by month statement date, minimum payment due. Credit limit. New balance. Transaction date which is blank, details which is blank , paid in £0 paid out £0 totals £0 I really don't understand why they have sent this it doesn't explain anything and just seems to add weight that this should be statute barred. Just wondered if any one else could throw any light on this or why are they continuing to the hearing ? Is it in my best interest to or can i insist on the hearing so i can get judgement to add weight to my claim for the refund of my payment . Any help would be appreciated.
  10. Hi I telephoned Capitol 1 and recorded the telephone conversation today. I was told that both accounts were sold to Lowells my last payment to Capitol one on each account was £152.37 on the 5th July 2005 which then defaulted on the 9th December 2005 and the other account £51.12 on the 5th July 2005 which also defaulted on the 9th December. I have not heard any thing back from BWLegal, Lowells or Capitol one regards the SARS or CCA yet.
  11. Here you go, two links that might help The first link does not work it says i do not have sufficient rights? Another question i am worried about the letters i sent were signed by me i have read they should only be digitally signed is this a big problem?
  12. Hi 42man I am trying to find the guide for CPUTR2008 i found a link which did not work and a general search pulls up hundreds anything relevant you think i should be looking at. ?
  13. HI Everyone sorry for the delay in doing this but i have been away a few days with job commitments and not had a chance to do what you asked. Today i have sent SAR letters together with £10 postal orders by signed for post to Capital One Europe Ltd, Lowell Portfolio 1 Ltd and BW Legal Ltd. I have also sent CCA letters with £1 postal orders by signed for post to Lowell Portfolio 1 Ltd and BW Legal Ltd. I did this to hopefully get as much back as possible but i am worried about the timescales as they have 40 days to comply which takes it past my bankruptcy hearing date can I apply to court for more time ? Should I also send a letter to BW Legal ref the Statute Barred Notice informing them they are outside the 6 year limit I have read about this on some other posts but not sure if this is too late? I am in the process of sending an emil to the OFT
  14. Hello 42man and Steampowered i really appreciate the time you have spent on reading my post and replying. I must admit i felt railroaded by the judge on the initial hearing and all he was interested in was to warn me i should just pay up. I thought the law was to protect the man in the street but this is just a naive opinion. I will in the first instance do what you say 42man and send a SAR to the original creditor i presume this will be Capitol one Europe plc. I need to find an address for them. I will also send CCA requests to Lowell and BWLegal . How long do they have to reply? I will also look at the information you have provided and start writing my defence which i will post for you to look at . The £2150 i originally paid was from premium bonds and the last little savings i had i have every intention of trying to get it back if i can get rid of the bankruptcy petition . Thanks for your help
  15. Hi I am a new member and really need some advice. I have spoken to every debt charity i can find been referred to some and now come to a dead end unless i pay a solicitor £1000 to represent me and I haven't got that sort of money right now. I was in financial difficulty some years ago and got myself into debt . I was being pursued by BWLegal on behalf of Lowell portfolio 1 ltd who had purchased 2 credit card debts from Capital One ( Europe ) PLC. The debt was for £886.92 and £2384.24. They issued me an 18 day Statutory Demand dated 13 April 2012 which gave the details of the debt and the default date as 9th December 2005. Lowell Portfolio give the date of Assignment as 19th January 2007. No breakdown of debt or statement has been included. Due to my own ignorance and other reasons i have not applied to set the demand aside and was pressurised and bullied into paying BW Legal £2150 on the 14 May 2012 and agreed to a repayment of £60 per month until the debt was repaid and they agreed a 20% reduction in the total amount repaid. In our telephone conversation i said i can't recall the debt as it was so long ago and they verbally agreed to send me copies of the agreements ( they now deny this). As no copies of the agreements were sent i didn't give them any more money and this resulted in them issuing a Creditors Bankruptcy Petition on Failure to Comply with a Statutory Demand. The petition was dated 15th February 2013 and the hearing date 21st March 2013. I was served the petition by hand in the evening on the 9th March 2013. I panicked filled in form 6.19 and filled a notice to oppose the Bankruptcy Petition on the 13th March 2013. This is what I put: " Take notice that i ........ Intend to oppose the application to make a bankruptcy order on the following grounds : After receiving a statutory demand from BWLegal and being close to the 18 days to set aside the notice. I came to an arrangement with BWLegal to pay them £2150 and then the remainder of the debt to be reduced to £466.53. This was to be paid in instalments of £60 per month with the remaining balance of £46.53. I did state that i did not acknowledge my indie tenses to this agreement and had no recollection due to the fact it dated back to December 2005. I also think the debt is statute-barred. I did however agree to the above if BWLegal would not seek bankruptcy and would in a reasonable time frame provide me signed copies of the agreements and statements from Capitol one Europe plc. BWLegal agreed to this and i paid them £2150 to show good faith. Since then no agreements or statements have been provided as agreed by BWLegal . BWLegal constantly send demands for the outstanding balance of £1120.66 this is contrary to what was agreed. BWLegal have failed to provide the appropriate signed copies of the agreements with Capitol one or any statements of the alleged debt and have not complied with the payment arrangements . I would therefore ask the court to deny the bankruptcy order and ask BWLegal to provide the appropriate proof of debt within 14 days to the debtor. If this cannot be done then BWLegal refund the original payment of 2150 to the debtor. I apologise for wasting court time on this which could have been avoided if BWLegal fulfilled their arrangement ." I attended the hearing on the 21st March and after the district judge it seemed spent 30 minutes explaining to me how serious this matter was and i should get professional help adjourned the hearing of the petition to 14th May 2013. It is further ordered that the debtor must, not less than 4 clear days before the adjourned hearing file at the court and serve on the creditor a detailed statement in support of his opposition to the bankruptcy petition, exhibiting copies of all relevant documents. Dated 21st March 2013 Since then as my wife and i are very stressed about this i have telephone BWLegal repeatedly and asked for a balance to settle. Up to now they just say they are waiting their clients instructions. A person from the nationaldebtline has told me that she thinks this debt is definitely statute barred just because i paid £2150 it was after the 6 year period and the statute of limitations act clearly states that once the 6 year period has gone it cannot be restarted . BWLegal have no right to pursue this debt through the courts and the judge should have thrown it out. She went on to say she wasn't a solicitor and in few of the seriousness of the situation check her advice out. The judge did say that it is in the court discretion to grant a set aside to an 18 demand if i wanted to apply now with good reason ? Not sure if this is a red herring. My problem is what do i do now i am running out of time and cant get good advice without paying and i am flat broke. Do I apply to set aside, can i have some help in filling a better defence, is it true it is statute barred ? Please some one help the clock is ticking for me. Thank you for reading my post .
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