Harrassed by Lowell - Debt not mine

[citizenB]

So not your debt and for £750.00 you have been made bankrupt! and a British Judge allowed this to happen!!

 

This is absolutely disgusting.

[Old Cogger]

Ministry of Justice / FSA etc etc etc??? incl MP

[foggy123]

I think its disgusting as well. Cant eat or sleep at the moment but I am still fighting I am hoping the Courts recognise that it was impossible to attend the hearing I have had the relevant forms placed with them and just hope someone sees sense.

[unclebulgaria67]

I think its disgusting as well. Cant eat or sleep at the moment but I am still fighting I am hoping the Courts recognise that it was impossible to attend the hearing I have had the relevant forms placed with them and just hope someone sees sense.

 

If you were told it was adjourned, then this is the fault of the court and not yours.

[MrHat]

There needs to be a major shake up in the court system. I have suffered from their incompetence and the judges' bias for creditors in my own case but nothing like to the extent that you have.

 

Without taking any sides here, it seems obvious that this is an epic scandal.

 

Something needs to be done to sort the whole court system out. Claimants are allowed to abuse the process, miss deadlines, overturn decisions whereas the defendant loses for any minor foot fault or a mistake by the court

[foggy123]

After realizing how many peoples lives are virtually ruined by Debt Collectors

I cannot understand the OFT reluctance to step in.

 

My feeling is they, the debt collectors, are just crooks riding roughshod through any laws in place and then getting away with.

 

The Court should have thrown out my case at the first instance,

they should know that Lowells had tried to enforce the Bankruptcy without my knowledge.

 

This is a regular thing by them apparently,

after reading blogs on the subject,

You are right though the Courts seem to encourage them.

 

If I get an annulment and if I can present my evidence and if I was then vindicated (although I have no faith in the justice system) maybe something would be done.

[foggy123]

Just found out as well I could have applied for a stay of advertisement, too late now,

is it me or do Lowell appear to be rushing everything through,

 

I have only just been advised by the Court and I receive a threatening letter from them, Lowells,

( I could lose my property) and my Bankruptcy has already been advertised.

[citizenB]

You have put in an application to the court, so surely any action should be stopped, shouldnt it ?

[rc14]

I have to agree as my own circumstances were similar.

 

Lowell had missed three deadlines,

declared no witnesses on their allocation questionnaire

and failed to pay their fee on time.

lost their case.

 

The courts told me I had won and my case would proceed on my counterclaim alone.

 

On the day Lowell showed up forty minutes late and wanted to introduce new evidence.

 

The Judge messed up and listened to an unlisted case which I had not prepared for nor did I expect.

It was all tactical and I certainly would not have expected such favourable treatment had I behaved in this way or shown such contempt for the legal system.

 

The courts at least now recognise that mistakes were made and apologised.

 

My appeal should be heard in August but Lowell still ignore DPA and CPR requests for information.

 

It's a disgrace and the ICO and OFT should get their act together.

 

Good luck

[42man]

Get your annullment in as soon as possible, it will be allowed for sure, what will happen then is that it will go back to petition stage (which you must apply to be dismissed on the various pieces in your defence)....the Insolvency Service will be in contact with you to attend an interview, you MUST tell / show them that you have applied for an annullment, they normally hold off appointing a trustee if there is an application to annul, which under the circumstances will be granted. However you may still have to go for the interview with the Official Receiver. Also be warned you will get a significant amount of post in the next few weeks from IVA companies......just bin them. I hope you will fight this, you have seen Lowells lose twice in one week in cases on here with costs awarded against them.

[foggy123]

You would think so, they have e mailed to say they have put them on my file and I need to pay 70 pounds today. I will ask via e-mail, I am a wreck at the moment so unable to ring them, so corresponding by e mail, I would most likely cry and dont want to put myself in that position, its the injustice of it all that is getting to me. They should have contacted the Jury Service if they did not want me to attend.Sorry long night.

[panther12]

Only just read through this, really is a head shaker and I’m sure you’ll get it annulled. How come this “James” guy from lowells hasn’t been back, seen as he was last online 22 May and will no doubt have read the thread and known about the Jury service you posted about in April. As you’ve already been in contact with your MP who is not happy with lowlifes antics, I’m sure they would be interested to know of their recent deplorable actions.

[foggy123]

With James he will have been told, I should think, to back off having said that I am sure Lowells read everything on here, well I know they do because something I posted on here in the past found its way into one of the letters I received from them.Thats why I am guarded about the evidence I have got, just hope I get the chance to produce it.

[foggy123]

Hello,

Everything in place with the Court now and paid for. I have heard from the Insolvency, and I have contacted them re annulment application.

They are going to get back to me as to whether I need to go in and see them yet, I have explained the situation . As you say, inundated with post some make scary reading (all say it has been in the paper) I have just binned them.. Lowell have posted in the paper immediately probably before I could apply for a Stay of Advertising.Still suffering from shock, but insolvency person was very calm so got through the phone call o.k.

Just hoping annulment is granted. I will keep you updated. Thank you so much again for your advice it is keeping me sane.

[foggy123]

Hello,

Sorry just a question, if the annulment is allowed and it then goes back to the petition stage,I have a lot more evidence now that when I attended the first hearing. will I be allowed to put that on my file.?

[unclebulgaria67]

Hello,

Sorry just a question, if the annulment is allowed and it then goes back to the petition stage,I have a lot more evidence now that when I attended the first hearing. will I be allowed to put that on my file.?

 

I don't know the answer for definite, but I would think that you could use a CPR to provide the courts and Lowells with a copy of this evidence, in plenty of time for any new hearing. Perhaps flag this with the site team, so someone with more legal knowledge can answer.

[42man]

I think as you are annulling as opposed to fighting the petition then you may be able to submit additional evidence by way of an affadavit/or additional witness statement.....and i'm not sure about the use of the civil procedure rules as insolvency tends to be governed by the insolvency rules...

[oleg]

inundated with post some make scary reading (all say it has been in the paper) I have just binned them..

 

I don't think you should bin them. They provide ammunition, evidence of what Lowells and the court put you through, if you should complain later about what happened, eg OFTor MP.

Good luck with annulment, it seems almost a certainty.

[BRIGADIER2JCS]

You really must keep all the correspondence it is important.

It is all evidence of the damage Lowell have done and will

help you get compensation for this.

[foggy123]

Hello,

I have got rid of letters, what an idiot, I will,I suspect, receive more so I will keep those. I am going to apply for a stay of advertisement, even though Lowells have advertised already and hope and pray I get this annulment. ,

[will lliw]

just wow, I hope you kick them into touch foggy. Im no expert at all but I hope you get plenty of compensation for having your good charachter and name damaged by lowells publishing your bankrupcy all over the paper despite the adjourment you have proof of.

 

subbed

[citizenB]

foggy was in court today - I hope all went well.

[foggy123]

Hello,

I have been to Court today and all did not go well,

I will explain although I am in what I can only describe as a terrible state.

 

First of all Lowells solicitor asked for a word and the outcome was Would the debt be paid and I have always said my daughter would pay,

but that Lowell did not respond to any payments schemes (cant even think of the right word) at all.

She said would we pay costs and I said no.

 

I had with me letters from Capital One to my daughter and also Letters to Lowell which she had kept copies of.

I dont think I could have had better proof but it was not to be.

 

Firstly it was my fault to have thought the letter I received from the Court with an adjournment of the 25th of June.

I was slightly confused as the Judge said to have read it the way I did.

Either way I was at Jury Service and could not attend. My fault.

 

Everything I had done wrong in the eyes of the law were set in stone.

Everything Lowell did wrong was overlooked.My Fault

 

I tried my best but really I was fighting a losing battle.

 

The Judge said it was not an annulement hearing but a setting aside and rather than the ten minutes I was in for an hour.

The Judge set aside the Bankruptcy but I am liable for all costs up to now.£3000.

 

Now I lost the plot at this point tears I am afraid so I am definitely confused now.

 

The lady from the insolvency had a word with me after the hearing and she said I had done a really good job as a lay person but I cant see that.

She said the Judge had been really good to me and was giving me another chance.

I dont get it why do I have to pay the costs and if I have to go through all this again well I really would be Bankrupt.

 

The Judge asked what I did as work and when I said we were both retired he said my family would have to pay. No sympathy there then.

 

The Judge said he thought me a very honest person (which I am) but were did that get me.

 

Oh yes I forgot when I told the solicitor I had the letters she asked me if I was accusing Capital of fraud

and when I said no she asked me if I was accusing Lowell of fraud,

I said no again but she denied having said it when I told the Judge.

 

I know all this is so wrong and I know you will agree but without support in the Courts we have no chance.

I did say what the lady Judge said in the case that has just been won but although the Judge agreed with that he did not act on it.

 

So the outcome up to now, is I am not Bankrupt but I am now in debt.

[unclebulgaria67]

Not sure what to say here. I would not be happy. Sounds like the judge was dealing with your family and not you personally. I.E Your daughter and yourself were responsible for the messy situation, so would have to pay the costs of sorting it out. This does forget that Lowells were responsible for taking it as far as they did and for not being willing to resolve it earlier.

 

Suggest that you take this up with your local MP at their next surgery, but to send them details of what happened in advance, so they can be more helpful when you see them.

[foggy123]

Hello,

I will do that thank you.

 

Everything that was said about Lowells fell on deaf ears .

I have e-mailed Lowells head of Litigation but dont expect a response.

 

The Judge told the solicitor if payment was offered it should be taken from whoever was willing to pay.

 

I have had it now with Courts, I cant fight any more it has such a bad effect on you and your family.

 

I will let the MP know, I will let OFT know and I will let Lord Hunt head of OFT know.

 

How can this be happening in British Courts when the Banks and Financial people have been robbing us for years.

 

I think now the Petition has been set aside, unless I continue to fight my corner I will be made Bankrupt again. Then it will mean more costs.

 

Forgot to say as well the Judge was very scathing about me using the internet to research the law.

I told him we were forced to use the internet for the simple reason the Courts did not keep the various forms you need to fill in.

 

His answer to that was all he wanted from me was a statement not on any particular form, what's all that about.

Could you imagine if you didnt use the correct forms.

40 years of working hard until retirement and a debt collecting company can take your property, our children's inheritance, the whole thing stinks.