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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 Lowe
  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 ru
  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 app
  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
  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 an
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