Harrassed by Lowell - Debt not mine

[unclebulgaria67]

You could lodge a formal complaint with the court service about the forms being confusing about the adjournement, which has caused you to incur costs. Speak to the court manager about their complaints process. I would say that you could complain about the judge and submit an FOI to see how many times they sided with banks/DCA's and against LIP's. But that would be very difficult.

[MrHat]

Why do they publish CPR rules and publish forms on the internet if they are then going to be annoyed that people research on the internet?

 

It does stink. Without the dcas litigating so much, we would need less judges. Conflict of interest right there. Court system is part of the racket imho.

 

You may have made some critical errors mind. However, how is a lip supposed to know how to act....especially as internet research is so frowned upon.

 

I know I am nit much help here and merely venting but felt the need to say it.

[Bandit127]

I have just read through this thread and I am staggered about how badly you have been treated by the system. A lot of us reading and posting here are victims of bullies that take advantage of an unjust system but your treatment has been outrageous.

 

I want to thank you for having the courage to post up and the courage to fight back. It makes my tiny little fight look pale in comparison, but it gives me inspiration to carry on and not apathetically "put the pen down".

 

I am so sorry you got the outcome you did from the court. We all get taught the value of justice as we grow up. I think you have not only been let down by the justice system but society as a whole. Your story should be on the front pages...

 

Good luck with the fight now. It will be worth it when you do achieve justice. And I hope the Guardian (if not the Daily Mail) are there to take your picture as you walk down the steps.

 

I also hope Lowell loose their license and end up having to pay you every penny of the compensation you deserve.

[42man]

Hi Foggy i'm desparately sorry to hear about this, at the very least you got the bankruptcy annulled. May I ask what you wrote in your annullment forms/witness statmenet/affadavit ?

[Guest]

foggy

some general info http://www.bis.gov.uk/insolvency/Publications

note 'can my bankruptcy be cancelled', partic'y 'what is the effect of annulment of a bank'y order'. (presume the b order was annulled?)

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2012/2088.html&query=%22data+protection+act%22&method=boolean

Edited July 18, 2012 by Ford

[sparky514]

Hi foggy, have just read this whole thread, and I'm very sorry to hear what has happened to you, can I ask when did you find out it was your daughters debt? did she admit to it straight away?, I'm afraid I would be very angry with her if it was me, as she took out the loan and forged your signature, I just hope she pays this all back to you, if I've got the wrong end of the stick about that, accept my apologies. You must be feeling devastated I know I would be. I would like to wish you good luck, and hope this saga ends very soon. Best wishes

[unclebulgaria67]

Foggy

 

Could you make a cheeky request to the jury service to pay your costs ? These were incurred as a result of the courts service, where the adjournment was unclear even in the eyes of a judge. If you can get the judge to provide some written confirmation of this, pass it on to the jury service people and see if they will rebate you.

[foggy123]

Hello,

Thank you so much for your continued support and never even think that you have not been much help, without you all I would have gone under long before now.

 

It was my daughters debt but it didnt come to light until Lowell sent statements.

She had got into a right old mess a few years ago and we stepped in to help.

 

When Lowell started to chase me I sent two recorded delivery letters requesting confirmation, which I knew they would not have.

To cut a long story short although I did not receive anything from Lowell within the time limit and everything went quiet.

 

The next thing a Bailiff was asking my neighbour about me and just after a statuary demand was posted, which with complete stupidity I ignored. Big mistake.

 

Then Christmas Eve I received from Lowells by second class post an adjourned Bankruptcy hearing.

Well I think you will all know how that bombshell effected me.

The petition had been served in September to the Court.

 

At this point I should have rolled over, given in even but I knew it wasn't me and thought I would be believed. Another big mistake.

 

I turned up at Court in January and with complete naivety just expected to be believed.

The Judge was horrible and he adjourned the hearing to give Lowell time to get their act together.

I then received a signed copy of the agreement along with statements, plus a letter asking if I did not remember going to Gran Canaria in 2006.

 

Thats when it became clear to us it was my daughters account .

Her email, her holiday and her phone number at work.

There was no fraud going on I had stepped in to help her make the payments and that was all.

 

We found letters from my daughter to Capital one and Lowell when she was getting into a mess,

and also one to her bank which I know is not connected but it mentioned my involvement in helping with her debts.

Open and shut case I would have thought. I am afraid not.

The letters were to her name which although Lowell had mentioned fraud, these letters put the end to that.

There is activity in her bank account to Capital and none in my account.

 

When I was in the hearing the Judge had a letter addressed to me with a hearing date of the 19th of June, which I did not get,

and I feel they didnt send that because I had asked for an adjournment before it was to be posted out.

The Courts mistake but the Judge was adamant it was my mistake, said he didnt want to insult me but I was very confused.

Guess what I was insulted.

So no chance of costs there.

 

Yesterday I received a kind e-mail from Lowell, the person who had instigated all this mess,

and left me with very dark thoughts has left the company apparently,

maybe there is a way forward but I am not up to answering them yet. We will see.

 

 

Thank you all so much again.

 

Maybe if the OFT get there act together the option to make people Bankrupt will be taken away from Debt Collecting Companies.

Edited July 18, 2012 by citizenB
spacing for easier reading

[foggy123]

Hello,

Yes I wrote that I was at Jury service, and as I had informed the Court that I would not be available Ifelt I had been made Bankrupt on my failure to attend rather than on any evidence I had submitted.

[unclebulgaria67]

Do go to see your MP about all of this. They may write letters on your behalf to make enquiries and this may give you a bit of breathing space.

 

By the way. I was serious about asking the jury service people to look at the costs that have been caused by the courts service.

 

Continue making complaints and pass copies to your MP. That is what they are there for.

[dx100uk]

just a small pont:

 

you say:

 

The next thing a Bailiff was asking my neighbour about me and just after a statuary demand was posted, which with complete stupidity I ignored. Big mistake.

 

i can assure you that was NOT a bailiff! but a nosey DCA, put it in your notes somewhere for court - asking nehbours is against all regs

 

dx

[foggy123]

Hello,

Yes told them all this, harassing neighbours, all the OFT guidelines Lowell flaunted, not interested at all at the Court. Filing a petition in September and the first I heard was in December was worth nothing, there was hesitation from the Judge whilst he considered this and he did mention it again but it didn't help my defence at all. Strange.

[42man]

Foggy did you see the personal message I sent you ?

 

Can you show us your defence please ?

[polarbear123]

I am so sorry to hear how you have been treated foggy123. I fail to understand how you can be held accountable for your daughters debt considering you have proof it's her debt.

[unclebulgaria67]

Foggy

 

On 1st May, you said a local MP was helping you with this. What have they done for you ?

 

I have read this thread again and can only think it has never been believed that the debt is your daughters. Hence the reason why you have been pursued continually.

 

If you are certain that the debt is related to an application your daughter made to Cap1 in 2006, what enquiries had you made with Cap1 ? How old was your daughter at the time and how did she make the application ? What has your daughter told you about how she applied for the card and for what period she was using the card ? How did she make any repayments that were due on receipt of statements ?

[foggy123]

Hello,

The MP is away for the summer. It was 2005 she made the application, through the internet, her own details, she was 21, her e mail and her works telephone number. She paid through her bank . I became involved when her debts became unmanageable. The letters to and from Capital and Lowell are addressed to her with no mention of me.There is no activity in my bank account to Capital or Lowell.

[42man]

Hi Foggy.....now that the annullment has taken place is the petition going to be heard again ?

[unclebulgaria67]

Hello,

The MP is away for the summer. It was 2005 she made the application, through the internet, her own details, she was 21, her e mail and her works telephone number. She paid through her bank . I became involved when her debts became unmanageable. The letters to and from Capital and Lowell are addressed to her with no mention of me.There is no activity in my bank account to Capital or Lowell.

 

Unless you acted as guarantor in any way, then any legal action would have been against your daughter. There would have been no reason to write to you.

 

When the credit card stopped being paid, there would have been correspondence to your daughter about the debt and probably loads of phone calls to your home, if your daughter was living there. What is the history of her being chased ? Do you remember this or can your daughter provide you with details ?

 

Has your daughter asked for historical records for her credit record ? This may show a history of the card, late payments, defaults, change to debt ownership etc. This may be worth getting hold of.

 

MP's are not away for the summer. They will have full time staff that act for them when they are away. My local MP is contactable at all times. Most MP's use the summer period to hold surgeries and attend events in their constituency.

 

Who is your local MP, if you don't mind me asking ?

[foggy123]

Hello,

Yes in about 4 weeks, but I have a feeling Lowell will come up with something, If they lift the petition what would you do?, I do not want to risk any more costs, my daughter will be paying of course but it is me who would be made Bankrupt.The offer of payment has always been there for Lowell so have never understood why they have pursued me.

[42man]

Foggy I have never really understood how you got responsibility for your daughters debt...did she forge your signature ? Have you sent off for a SAR (excessive charges) ? which should reveal statements, etc, did you ever see a dafault notice ? I'm not sure of the part where all of a sudden you have become responsible for your daughters debts, did you put in writing to Lowell that you would take responsibility, if you did then it must have been some time ago ? Do you have the same initials as your daughter ? If you want to avoid costs then you need to look at a potential abuse of the process. Was the statutory demand served according to the petition ?

[unclebulgaria67]

Hello,

Yes in about 4 weeks, but I have a feeling Lowell will come up with something, If they lift the petition what would you do?, I do not want to risk any more costs, my daughter will be paying of course but it is me who would be made Bankrupt.The offer of payment has always been there for Lowell so have never understood why they have pursued me.

 

Foggy

 

It is VERY difficult to offer help, when you do not answer questions that are put to you.

 

Who is the local MP that has been helping you since May, that has not managed to resolve anything ?

[foggy123]

Foggy

 

It is VERY difficult to offer help, when you do not answer questions that are put to you.

 

Who is the local MP that has been helping you since May, that has not managed to resolve anything ?

 

Hello,

I am so sorry I have only just seen this you must think I am awful. The MP is Michael Meacher but I did not see him in a professional capacity, I knew him from my work and to my regret I thought I would not need further support from him which was stupid of me.

 

 

I have been to Court today and the petition was dismissed. I entered into an agreement with Lowell to set up direct debits with them and they would then stand the costs incurred at Court.I did not hear from them again until last Friday and the wording re the costs did not comply with the initial e-mail received. I forwarded them both to the Court for the Judge to read before the hearing.

 

I was correct in thinking they were trying to make me responsible for the costs even though it was one of the conditions in the original e mail and was why I agreed to set up the repayment plan. but the Judge shot them down and said it distinctly says here that Lowell would stand the costs and that is what will happen. That is the first time in this sorry saga something has gone in my favour.

 

I am not Bankrupt now and do not owe any money for costs, the actual direct debits will be paid by my daughter through my account. This was not my debt and I am sure Lowell knew that in the end, why else would they cover the costs, I had so much evidence in the form of letters to and from Capital and Lowell in my daughters name and I honestly thought, like yourselves ,I would be looking at compensation.

 

Just this week someone pushed a note through my door to ask me to contact them urgently and when I did it was someone wanting to discuss my Bankruptcy. As one of my family works away from home you can imagine the panic.

 

I will be making the OFT aware of my treatment both by Lowell and the Courts. I will contact the Financial Ombudsman and Michael Meachers Office for him to take this to Central Government. Thank you so much for all your help,I was only able to put up the fight with a good defence (even though the Judge said otherwise) with your help.

Edited August 22, 2012 by citizenB
formatting for easier reading

[citizenB]

Hello foggy - that is a relief that you are not bankrupt.

 

Yes, do please make complaints to your MP, the FOS and OFT in respect of Lowells behaviour throughout this. It is absolutely ridiculous that you could be held responsible for your Daughter's debt !

 

You will have to make a separate complaint through the Court's own complaint system.

 

http://www.justice.gov.uk/contacts/hmcts/courts

 

It is the 2nd link under Enquiries there is a link "courts" at the end of that section. You will be directed to another page, where you need to scroll down and find the court in question.. Of course you should also raise this issue with your MP.

[starman59]

Foggy I would sugest you change from direct debit to standing order to Low lifes as I has been noted on here many times that DCA's can empty your bank account and you will have hell and all trouble getting your money back. Glad you got through your ordeal.

Regards Steve.

[unclebulgaria67]

Glad you managed to sort out and that Lowells have incurred costs they won't get back.

 

Yes I think I would be complaining to the OFT about Lowells behaviour, but I expect that they will just explain that in the debt collection business they will encounter people who are not honest. Therefore they are correct to be sceptical about information they are given, unless they are provided with relevant evidence. Then there is an argument about what evidence there was, which was a bit complicated and people could take different views.

 

Definately worth speaking to Michael Meacher to see if he thinks it is worth taking this further.