Harrassed by Lowell - Debt not mine

[BRIGADIER2JCS]

I suggest you check the electoral register for any

reference to another person living at your address,

it would seem the most likely place for Freds to get

the information.

[unclebulgaria67]

I suggest you check the electoral register for any

reference to another person living at your address,

it would seem the most likely place for Freds to get

the information.

 

Could be on a credit record of the debtor concerned. You never know it could be connected to the other problem, hence suggestion to inform the original creditor so they can involve the Police if necessary. Often people connected with identity frauds are carrying out multiple crimes.

[dx100uk]

yes i was wondering if it might show on CRA file as a financial association?

 

dx

[foggy123]

I have written to Capital by the way and am awaiting their response

[42man]

Have you filled out the 6.19 yet ?

[foggy123]

Yes I have completed the form but cant print off on my home computer. I will print it off tomorrow, once I have it signed do I give it to the Courts?

[42man]

I suggest you take it in to the courts with an affadavit signed and dated by yourself (which will mirror your reasons for requesting a dismissal of the petition). you MUST ask the court if the document needs to be 'sworn' in by the court staff.....don't forget to include any letters that you have sent in dispute (and you need to refer to them (number them if need be) in your affadavit). You also MUST include your costs too...the strength of submitting your costs may also be offset if the other side are claiming them also....(The reason I mention an affadavit is because recently the rules for statutory demands have changed in that you no longer need an affadavit for those - but I think you STILL may need one for dismmissing a bankruptcy petition)

 

This is what your affadavit will look like

 

AFFIDAVIT

 

I (name) of (address), (occupation)

 

MAKE OATH and say as follows:

 

 

 

____________________________________

Signature

 

SWORN AT (address)

this day of year

 

before me,

 

 

 

____________________________________

(A Solicitor or Commissioner for Oaths)

[42man]

You should show the judge how angry and annoyed you are at having to go through this...maybe even an apology for not knowing the exact procedure can't go amiss, and call the judge Sir or Madam.....and find your resolve and don't be a pushover. And if the opposing solicitor wants to talk to you before the case, then be VARY careful what you say and say that you will listen to them. I think at this stage (and depending on the judge (don't forget to refer to the high court cases in your affadavit too to make your point) I think you should get this dismissed.....I can only presume that Lowells have decided not to resolve this outside of the court, the best way to show them is to hit them in the pocket with a costs order. This kind of behaviour is unnacceptable....

[stevo7790]

42man is bang on the money here.

 

For this to have got so far just shows how bad this industry is.

 

Foggy, I completely empathise with you. It is a monumental waste of time for both parties concerned. You must hit Lowell for six in the court room, be clear and concise... as you are acting LiP no-one expects you to know consumer law inside and out but the facts should speak for themselves and make sure you go all out for wasted costs, its £18 per hour now you can claim back.

I'm all for common sense to prevail here but make sure you spell this mistake Lowell have made out to the Judge and give Lowell the thrashing they deserve for putting you in a position no-one should have to be in.

[foggy123]

Today I have received from Lowells copies of Statements referring to the alleged debt also the page of an agreement with a signature on and a date. This is a copy. The statements mean nothing to me but the signature is very similar to mine. It also seems odd that these documents have not been produced before. I am shook up because it makes my case harder but I intend to fight on. I know now its definitely not my debt I will PM you with the reasons why.

[BRIGADIER2JCS]

Hi foggy,

What is the agreement for???

Can you post a copy up for us to

see after removing any personal info.

Is your name and address DOB etc on it??

[42man]

Has your signature been forged ? possibly fraud ?

[foggy123]

The agreement says Capital One, Credit Card agreement . My name and address typed underneath. The rest of the agreement is so small you cannot read it. There is a box with my signature in it (allegedly) with the date 18 050 06 written at the side . Further down a stamped date of 19 May 2006 and a signature you cannot read. No personal details are on and you cannot read the terms and conditions. Which address do I post it too.

[BRIGADIER2JCS]

Attach a scanned copy and put it on the forum after

removing name and address.

[dx100uk]

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[Guest Lowell CRT]

Hi foggy

I just wanted to reassure you that I am continuing to follow this for you.

I note you have now received the further information sent and I hope this will be able to help with your understanding.

We will also be able to update you very shortly with the progress of your complaint. In the meantime if you need anything from me, please let me know.

Thanks.

James.

[42man]

Any agreement sent must be fully legible, if not then it would be unenforceable....

[foggy123]

Thank you James, I am dismayed that the person writing to me from Hamptons legal is still prepared to bully me. His letter was a case of pay up or you will be Bankcrupt. It is I feel a personal vendetta with him.

The OFT state : Bankruptcy should not be used as a Debt Collecting tool especially to the most vulnerable people in society.: I am in that category because of my age. This is still a much disputed debt,and the information sent just makes my resolve stronger.

I thank you for your kind e mail.

[foggy123]

I am sorry I cannot scan from my home computer. I am now though very confident after receiving the said agreement/statements. I am swearing my documents in the Court on Monday. Do I include my exhibit one or any other evidence I am going to produce or take them with me to the hearing.?

The letter accompanying the said agreements/statement still contains a veiled threat. I think someone threatened with Bankruptcy feels terrorized enough, but I feel Lowells only aim is to make me Bankrupt whatever the cost. To them I say Bring it on.

[42man]

Yes do include any evidence.....but make referral to it in your defence. Don't forget your costs, and make sure you take 2 or 3 copies of everything.

[Guest Lowell CRT]

Hi foggy

 

I have been discussing this with our Head of Legal Compliance and if you would like me to, I will arrange with him to speak to you about this? Just PM me your contact details I will get this in sorted.

 

 

Thanks.

 

James.

[foggy123]

Thank you James. I am not sure I want to speak to anyone from Lowells. Let me think about it.

You have brought this to his attention which I am more than grateful for. Lowell have not adhered to the Debt Collecting Rules and Guidelines set out by The OFT.The damage to me has already been done, mentally and health wise through their aggressive methods but hopefully the Head of Legal Compliance can review their working practices to ensure this does not happen to anyone else.

[foggy123]

Today I have received a letter from the Judicial Revue and they are looking to investigate 4 of the points which I brought to their attention after the adjourned hearing. I did feel there was something not right (although I have never been in any Court hearing). I made 5 points but they have explained the reason why they are only reviewing 4. I am satisfied with that though.

I have complained to Lowell customer services re the last correspondence, it was insensitive ,I think ,to end with," we take Credit and Debit card payments". It seems like some sort of game to them and not the devastation it is.

[foggy123]

I am still researching my case before the Hearing and have come across something called Judgement Proof, Have you heard of it.? It is when the person is a certain age with no other debts, which refers to me, it can be used in Court. in their defense.

I have also contacted OFT again because of continued Harassment, I did complain to Lowells Customer Complaint Manager but I have had no reply, just confirmation of the Court Hearing.

[unclebulgaria67]

Judgement proof is not a defence. It is when the defendant would not be able to afford to pay the judgement amount as they are insolvent and it is not possible to make an attachment to earnings order.