Made bankrupt without my knowledge?!?

[Help needed please]

Hi

 

Really sorry for a long thread but I'm so scared and really need some advice.

 

I came home from work tonight to find a letter through the door from Lewis Investigation Services saying that they attempted to serve a bankrupcy petition on me but I was not at home.

 

They have stated that they will be back at a specified time next week and if I am not in,

they will seek other methods to serve, including an advert in a daily newspaper.

 

There are no details whatsoever about what this debt relates to, what the amount is or who the creditor is originally.

 

There is a little bit of history and I assume it is to do with Lowells.

 

About 6 months ago, I got a letter by hand from Lowells,

again with no details of amounts or what the debtor was originally but it stated that it was a statutory demand or something similar at my local court,

the address of which they detailed in the demand.

 

I sent a letter to them asking what the debt was for and who I owed money to, but they never replied.

 

I contacted the local court they had named in their demand, asking what I needed to do and they were confused as they don't hear debt cases or have anything to do with bankrupcy etc.

 

They said it was done by the court in my local city and upon contacting them, nothing was filed with them in my details.

 

I left the matter there as the court was obviously not involved and Lowells hadn't replied to my request for details. I have heard nothing since until now.

 

Can anyone tell me what a bankrupcy petition is and would I be served one without the courts making me aware?

How can I find out what the debt is about and indeed, who is claiming that I owe them?

 

I may have some outstanding debts from a year I was unemployed June 05 to June 06 but I thought I had negotiated or paid them all off since then.

 

I really can't be made bankrupt as I own my house and am a single parent to two children.

 

I would really appreciate some advice as to how I can go about getting this resolved.

 

I'm scared that this will race ahead and I'll be bankrupt without even knowing who or what this is for.

[dx100uk]

urm......

 

me thinks this is a trick to frighten you into contacting them

 

there is no such thing as a bankruptcy petition 'as such'

 

they must serve an SD on you TO YOUR HAND

not just post and run

and already have gone to court in most cases

 

check your CRA file

 

what shows for lowfile?

 

dx

[Help needed please]

Thanks DX.

 

I had a little feeling that it might be a trick but I am happy to contact them anyway as I really want to know what this is about.

 

The only thing on my credit file is a disputed account with MBNA for a credit card which I haven't paid since February because of unfair charges

(I haven't used the card in about 2 years and they were taking DD each month for the minimum but for £55 taken each month, only £7 was coming off the debt.

I negotiated better terms with them and they agreed in writing, but continued to levy the charges so I cancelled the DD).

 

Other than that, and not showing on my credit status - I had an account with Barclays and after I closed it (in writing and by hand at the branch),

they continued to pay some direct debits for almost two weeks afterwards which left an OD and I have refused to pay it.

 

Neither of the above have made any demands prior to this Lowell letter

but it could be related to one or the other of them as there is nothing else than I can think of,

although it may be something completely different entirely?

[Help needed please]

My main concern,

however,

is whether somebody can make me bankrupt without me having the opportunity to challenge it or even know about it?

 

I believe that if you own property and are made bankrupt, they can force the sale of your home?

 

I'm ready to either resolve it or fight my case if it's a debt I don't owe or dispute,

I'm just scared that it will all happen without me getting an opportunity to defend it and I'll end up on the streets

- literally!

[dx100uk]

My main concern,

however,

is whether somebody can make me bankrupt without me having the opportunity to challenge it or even know about it?

 

I believe that if you own property and are made bankrupt, they can force the sale of your home?

 

I'm ready to either resolve it or fight my case if it's a debt I don't owe or dispute,

I'm just scared that it will all happen without me getting an opportunity to defend it and I'll end up on the streets

- literally!

 

no they cannot

and they must give you a day in court so dont worry on that front.

 

now the debt.....

 

is there NO indication whatsoeve on the SD or the BP

about 'what' the hell they are going on about.

 

i still think they are both 'fake' threat-o-grams

as only the OC can take you to court

 

and as lowfile are not shown as owning either of your debts on the CRA file?

them me thinks its spoof.

 

rare for Lowlife to do SD's though

 

something's not right here

thats for sure.

 

dx

[Help needed please]

rare for Lowlife to do SD's though

 

something's not right here

thats for sure.

 

To be honest though DX, I don't think that they did 'do and SD' as the court that they specified in their letter was named and they even gave the court address (it's in my local town) but this court doesn't hear SDs or bankruptcy cases, so it is obvious that they hadn't done anything, especially not their homework! Do you know anything about Lewis Investigation Services? Could they be Lowells in disguise, or connected to them?

[dx100uk]

sri i'm getting names mixed up

 

lewis are the in house dca of welcome finance typically!

 

dx

[Help needed please]

Thanks DX. I've never dealt with Welcome Finance so it can't be them (unless they are married to Barclays or MBNA in some way).

 

You've really set my mind at rest though as I know now that it can't get as far as bankruptcy without my chance to challenge it

or be given the opportunity to pay once I know what it's all about.

 

I don't think that it's an unreasonable defence to show that I've asked for details and none have been forthcoming

so therefore I haven't paid and will be happy to do so once it's established what the debt is for and that it is mine.

 

I'm sure that in the interest of fairness, no court would then proceed to bankruptcy in that circumstance.

 

You've been really helpful DX and this site is great, I'll sleep tonight now as I was very worried before.

[wangster]

Also, keep that letter, OFT would be interested in that if they say your details will be published in a paper! And good evidence in bury hearing for threatening actions etc

[DonkeyB]

Was the original SD delivered by hand, to you personally?

 

This could still be serious, if an SD has been properly served. Suggest you PM 42man and ask him to look in.

[Help needed please]

Thanks Wangster, I'll keep eveyything.

Thanks Donkey. No the SD wasn't given to me, it was put through the door, sorry for the confusion. When I said 'by hand' I meant that it was obvious that it hadn't come through the postal system but I wasn't home when it came.

[Help needed please]

Hi All

 

Not sure if anyone can help me with this.

 

I returned home today to the shock of my life in the post.

 

I've received a letter from an official government receiver to say that 6 days ago, I was made bankrupt by a court.

The letter and enclosed leaflets etc tell me that my bank accounts will now be frozen and my home possibly sold.

They have asked me to attend a meeting on 23rd April with bank statements, wage slips etc

 

Nothing in the package says who claims that I owe them money,

but I have had dealings with Lowells over a disputed debt that they wrote to me about 18 months ago saying they now owned a debt of mine for just over £1200.

The letter didn't state who the original debt was supposed to be with or what it was all about

and I wrote to them asking for details but never received the information I needed to help me know whether I owed somebody money or not!

 

They wrote to me a couple more times and I sent a copy of my letter but informed them that unless they explained what it was about,

I would ignore any future requests for payment.

 

In their standard letters, they threatened bankrupcy but I was quite confident that this could not happen without them first proving that I owed them anything.

I haven't heard from them since September last year but now this!

 

Can somebody make you bankrupt without telling you?

Don't the courts have a obligation to inform you of a hearing?

This is going to have a serious impact on my life and I'm just disgusted and devastated that a court has allowed these cowboys to get away with it?

 

The letter from the receiver says that I can complete a form 7.1 and ask for a annulment - is this likely to happen and can I stop the process of freezing bank accounts etc in the meantime?

[BRIGADIER2JCS]

Hi I have flagged up your thread to the site team

to get urgent advice for you.

[Help needed please]

Thank you Brigadier, I'm in floods of tears here, I just can't believe these people can get away with things like this.

[BRIGADIER2JCS]

Hi yes a nasty shock for you,

a couple of questions if you feel upto

it, I will say I'm not expert in the BR field

but lets see what has happened!

Have you ever in the recent past received

a document hand delivered this would be

a Statutory Demand for Payment of a debt

and would explain fully what you had to do

to get this set aside?

[Help needed please]

Nothing that was handed to me Brigadier

but I received a poor photocopy of what was titled a statutory demand about 10 months ago through the door with a mobile number written on it.

 

The demand stated that they were making an application in my local court, detailing the address etc

- so I rang the court to ask if a hearing would be arranged.

 

The court informed me that they do not hear such cases and have nothing to do with bankrupcy so they suggested that Lowells were 'mistaken'.

 

I've not received anything similar and the court that has made me bankrupt is a different court in a different town completely.

 

Hope that helps.

[unclebulgaria67]

You may find this link useful.

 

http://www.bankruptcy-insolvency.co.uk/bankruptcy/cancelling-bankruptcy.php

[BRIGADIER2JCS]

This is odd, so it's Lowell who have issued the SD?

Something is wrong, you haven't moved house?

You must fill out the 7.1 asap and get to the court,

in my opinion this must be annulled.

Do you still have the SD?

[unclebulgaria67]

Yes I agree I think you need to get this annulled on the basis that Lowell did not follow the correct process.

 

The advice from the Bankruptcy Insolvency helpline is that even if you apply for annulment, you will need to attend the meeting with the Official Receiver who is a court official.

[BRIGADIER2JCS]

Correct you can take all the docs and evidence you

have of the alleged misuse of procedure that is obvious

to me at least that Lowell have used.

[Help needed please]

Thanks everyone. I do still have the original SD with the wrong court on it and copies of the letters that I sent asking what the debt was for. I haven't moved house in 20 years and have had nothing about this even from the court. Would Lowells be able to convince a court that they had served details without actually doing so and proving it?

[BRIGADIER2JCS]

In My opinion what ever Lowell say this

is a blatant abuse of process and has no

merit.

Get the 7.1 filled out and attend the meeting

with all your ammo.

[Help needed please]

I've had a look at the link thanks Uncle Bulgaria and it's really helpful. I'm mortified to read that this will be advertised in my local paper and even more squirming at the thought that my employers will be informed as I work in a large Human Resources and Payroll department and it will be my immediate colleagues that get the information and I have to work with them on a day-to-day basis

[BRIGADIER2JCS]

This will not happen if you get this anulled focus on that.

[42man]

OK, you need to move as quickly as possible, you need ALL the paperwork in the court files, if it is possible then you should visit the court (take some ID with you) I do hope it isn't too far for you.......as you received the statutory demand but did not do anything about it then you may not be able to look at the abuse of process (the demands are usually served in person) But in the court file there should be an affadavit/witness statement saying how it was served on you. I would also imagine that in your absence then an earlier hearing MAY have been adjourned, if so then there should be an affadavit of continued service. You really need that peperwork first though. If you intend to annul then you will need to inform the Official Receiver who will only go so far in the process. But first things first, get the paperwork !! When you have it let me know....