Lowell Bankruptcy notice, CAp1 Card 'debt'

[griffiths5]

Have received a B10 notice and when I called the court a hearing is on the 8th sept,

 

I would like to have the hearing adjourned and not sure how to go about it.

 

Tomorrow I am going to send a SAR to them,

 

That do not have a CJJ and have not issued a claim.

 

I believe they have issued a Statutory Demand.

 

Its on behalf of Capital One Credit Card.

 

Its possible I was paying PPI and have paid excess charges on the account.

 

The Debt is only 2-3 months away from being statute barred.

 

Its for a total amount of £1.746 which £400 is costs.

 

Should I send a request for an adjournment and until I have all the papers back from the SAR .

[Bandit127]

Sorry, but I can't advise you on this. However, I can give your post a bump. I will also ask the experts to pop by if they have the time.

[42man]

You need to get an adjournment if possible.....but more importantly you need to get all the paperwork in the court files ASAP, even if it means going to the court, say that you are the litigant in person, the court may ask you to pay a small amount for copying charges. It is vital to see what is said on the process servers witness statement and the petition. If you have never seen the statutory demand and not set it aside, then you may get the chance to raise any issues at the petition stage. You need to move quickly though....Are you sure the hearing date is the 8th September ? That is a Saturday ? You should double check this.....if it is later then you still have time to submit your defence.

 

A CCA Request needs to be sent to Lowells ASAP too, a SAR is useful, but it only shows that you are making a reasonable attempt to get any paperwork. The SAR needs to go to the ORIGINAL creditor. Please come back to me when you have all the paperwork from the court, and be careful what you write on here as this horrible company read these forums.

[griffiths5]

I will try and get to the court today or tomorrow,

The Date is 8th October not September,

The CCA request will be sent today,

I will also request a SAR,

 

 

Just one other thing,

my wife called them and they pressured her into a payment of £1.01

 

Is there anything in particular I Should say to get an adjournment, forms etc.

I have seen something on this site somewhere but can't find it now

 

I have contacted the court,

they said it would have to be a good reason for them to adjourn the hearing,

 

 

also said that they should send all the paperwork to me,

and inform the court that they have done so,

 

 

My wife again has informed me she had made an arrangement with the pressure put on her,

they said they need 50% and installments for 6 months,

[unclebulgaria67]

When did your wife phone them ?

 

Was the credit card also in her name ?

 

If not, did Lowells ask you for your permission for your wife to deal with your account and to make a payment ?

 

Breach of data protection ?

 

Suggest a complaint to Lowells Head of Compliance if there has been a breach.

[42man]

It looks like you have time to submit your 6.19 - which you can find here - http://www.bis.gov.uk/insolvency/About-us/forms/england-and-wales

 

You will need an accompanying affadavit, which you can find examples of on here, but if you aren't sure then do shout.... Do you live in a place with a shared door / gate ? are any of the houses next to you empty ? any problems with the post ? Once you have the paperwork from the court (the petition and associated witness statement of the process server) then we can look at any potential issues (aside from the agreement, charges etc)

 

Let me know when you get the paperwork....

[griffiths5]

Yes she did,

it was a joint account,

she paid by her debt card,

which is not a joint account.

 

 

Its a strange set up with the way the houses are arranged.

The house is a semi-detached,

front doors are next to each other onto pathway,

with groups of terraced around it,

a walk way under with a flat above leading to our garage and 5 others,

which is not part of the house.

 

where would I find the examples ?

[42man]

OK thank you, it could possibly make a difference....

[42man]

Have a look through here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

or if you search under 'Hamptons' or 'Lowells' on this site you will find plenty of threads.....the defences on statutory demands can be used on defences for petitions....but I certainly wouldn't send out anything until you have had an opinion from other wonderful caggers on here.

[griffiths5]

I have sent a CAA and SAR to them by recorded delivery,

should I wait now before I sumit 6-19 form

or should I get that in asap ?

 

Should I send copies to Hamptons?

[42man]

Did you send the SAR to the original creditor ? Did you enclose a £1 postal order for the CCA request ? And no you do not need to send anything to Hamptons at the moment....Your 6.19 and affadavit needs to be in the court in the court file 7 days before the hearing and you will need to send copies to the claimant (but you can't do much yet until you have seen what the petition says)....Do spend some time reading on the threads...and if you aren't sure what is being said then do ask...

[griffiths5]

I sent all to Lowell,

should I send another one to Capital One?

 

 

Yes I enclosed a £1 order and £10 for the SAR

 

 

Do I need to ask Lowell for the paper work regarding the petition

or are they required to send it ?

 

 

I will read as much as I can but its a little over my head at times,

[42man]

Dont panic, if you aren't sure of anything then just ask away. As for the SAR then yes, I would certainly send a SAR to Capital One. The only reason I say this is you have to show that you are making more than a reasonable attempt to gain information. The SAR to Lowells will not do any harm at all. The court will have all the paperwork, Lowells will probably not send you anything (re petition). What you must also do is make sure you report this to the OFT too...it is vital, they are getting together a nice thick file on this company.

[griffiths5]

I did contact the court re paper work and they said that Lowell should provide it not them, I will do another SAR today for capital one, also will write to OFT

[42man]

What ? That is the first time I have heard of it.....you should visit the court, tell them at the desk that you are a litigant in person and you would like to copy the paperwork as you have not received any....

[griffiths5]

I have been to the courts to day and requested copies of the paper,

 

 

they informed me that Hampton/Lowells have not sent any paper work yet other then the B10 Notice.

 

lewis investigation services have sent a letter which reads,

 

 

they have been directed to serve a Bankruptcy Petition on behalf of Lowell Portfolio 1 limited,

they have already attended your address without meeting,

will return on 6th September2012 at 1820hours for purpose of serving personally with such Bankruptcy Petition.

 

 

If I fail to attend the appointment an application will be made to the court for alternative service.

 

 

advertisement in daily press or in such other manner as the court may direct and you may be liable for the costs.

[42man]

What I find strange is that you have a hearing on the 8th October and yet there are no court files ????!!!!! On what basis are they having a hearing for ?? I suggest that you receive the petition from the process server (do you have a video camera you can put near the door ?)

[42man]

You have done everything you can at this stage CCA, SAR, you just need to know now how they attempted (if indeed they did) to serve the statutory demand.

[griffiths5]

We're not home tomorrow

going to see my son for a few days,

 

 

My wife will be home,

I have a video on my phone which I could let her use,

I am not sure what they are up too,

The original debt would have been at our previous address,

we been at the present one for only 3 years.

[42man]

The only reason I say using a video camera is that it has been known for process servers to lie, and any evidence in a petition that is untrue can alone thwart an attempt like this to get you bankrupted.....

[griffiths5]

No one turned up last evening, wife waited for them at the time stated on the letter. She stayed at home until 8pm. Nothing was dropped through the letter either.

[42man]

Well it will be interesting to see what they have written on their petition with regards to their 'attempt at personal service'....

[42man]

I think that if you are not frightened to stand in front of a judge, puff out your chest and fight this, then I suggest that a letter to Lowells may be a good idea. Something along the lines of. Make sure you date the letter and send it recorded.

 

Dear Sirs / Madam

 

I understand that a process server is attempting to serve a bankruptcy petition on me.

 

Firstly, for the record I can categorically state that I have not seen any statutory demand, nor have I been made aware of attempt to serve a statutory demand for this alleged debt.

 

Secondly, I will be VIGOROUSLY defending this action at my local county court where I will be claiming my costs.

 

Thirdly as the way you have acted is clearly in breach of CPUTR2008, I will have no hesitation in bringing this matter to the attention of both the courts and the Office Of Fair Trading.

 

Please note the date of this letter, as I would expect you to forward me a copy of the demand, a copy of the petition, along with statements for the duration of the account, details of all charges, a default notice, a termination notice, a letter of assignment, a deed of assignment, details of personal payment protection insurances, and as requested under the Consumer Credit Act 1974 a legible copy of the signed agreement.

 

If you do not respond within 7 days, (sending all correspondence by traceable delivery) I will be requesting full disclosure, and make no mistake when the issue of costs arises I will be showing this and all other evidence to the judge.

 

I trust this makes my position completely clear.

 

Yours faithfully.

[griffiths5]

I am more then happy to stand in front of a judge, been to court several times over mortgage claim, Thank you for the letter. It will be sent 1st class recorded delivery this evening

[griffiths5]

Received letter from Hamptons regarding the CCA request, briefly saying they are contacting the original lender will do their best to provide it within 12 working days but will depend when the original lender can send it.