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Lowell Bankruptcy notice, CAp1 Card 'debt'


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In which case it simply does not amount to any acknowledgment of the debt from you – and, as they have gone over the recording, they must KNOW this. A payment from a third party with NO CONFIRMATION from you is worthless. It remains firmly SB, in my opinion.

 

And Lowell are digging themselves a big, big hole.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I agree with this.

You should make the argument that a payment by a third party without your agreement or knowledge does not stop the account becoming statute barred on x date January 2013.

We could do with some help from you.

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Did not go well,

used the recorded telephone conversation,

would not accept Statute Barred,

 

 

We argreed to pay back over a period of time,

they ask to add on further costs,

but the judge want to wait 56 days until the next hearing,

But their solicitors BW who have appeared on the scene,

 

 

have sent a bill with additonal £1000 added for costs and an old outstanding 02 account of £260 which has always been in dispute with 02 from the Start. not sure what to do now really

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Think you should see a solicitor about all of this.

Is the next hearing to decide on your bankruptcy ?

We could do with some help from you.

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You lost even though YOU did not pay? I believe that is wrong. What exactly was in the recorded conversation? Was it played to the judge?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 4 years later...

I looking for further advice regarding this matter,

It was agreed at the final hearing that my wife would pay £30 per month.

 

The court dismissed the petition on 23rd April 2013.

 

The original Debt was 1334.19,

in their witness statement there is another amount which say the Petitioning Creditor sought £1,444.96,

 

My wife had been paying since the 1st April 2013 £30 per month by a direct debit.

 

There is amount of cost which they were claiming of 838.80

 

 

this was never agreed or any order from the court to pay this amount as we agreed out of court at the final hearing.

 

My calculations are the original debt has been paid in full.

 

However BW and Lowell have been adding interest and add another debt to the statement,

 

The statement of payments are unclear and the debt is still over a £1000.

 

I think its time to stop paying and challenge them ?

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Threads merged...please do not start new threads on the same issue.

 

Regards

 

Andy

We could do with some help from you.

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Unless the Court informed you to pay Costs and whether they can add interest...disregard their statements and requests.....only pay what the Notice of Judgment states.

 

Andy

We could do with some help from you.

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If this £30 a month was never put into an agreement which specified any additional costs and interest, then the payments made would only go towards the debt owed at the time. So if debt owing at the time has been paid, then i would stop paying. But suggest that you send Lowell a letter stating your position.

 

This is also provided there is nothing from a court judgement about how the debt is to be settled.

We could do with some help from you.

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and they didn't even have a judgement because the debt was statute barred and the payment from the third party does not count....

sorry you've been mugged blind..

let it go back to court and dismissed then reclaim every payment you've ever made..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How was this agreed out of court on the day..by way of a Tomlin/Consent Order ?

We could do with some help from you.

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I will go through the paper work,

 

 

on the court date we spoke to the judge and Lowells brief ,

the judge asked if we could come to a agreement , wife offered £30 a month.

 

 

He called Lowell or Bw and they agreed,

went back into the judge and that was it.

 

 

Bw called my wife to make a payment and set up a direct debit,

The paper work from the court was only was the petition Dismissed.

 

In regards to the statute barred,

it would have been but my wife paid them a £1-01 in panic when she received the charge on the house with the bankruptcy notice

 

That was 4 years ago , just really want to end now,

They have had all the money from the original debt ,

 

I will write to Bw and inform them the debt has been paid and any other debts added ,interest or cost will not be paid,

 

 

I would assume that the figure for bankruptcy is now £5000 and they would not be able to recover the debt

 

No Tomlin or consent was agreed or ask for

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