Declared bankrupt in my absence

[42man]

You may also like to mention that you have received the results of the Subject Access Request from BC and that they do not seem to have a copy of your agreement, and they are in default of your official request made under the Consumer Credit Act 1974

[42man]

The affadavit from your brother is also key....

[not_without_fighting]

Hello, managed to get my defence on time. Hand delivered it to court and OR. I sent Lowell's copy by registered post for next day delivery. I also received both Barclaycard and Lowell's reply to the SAR I sent.

 

Lowell sent the transcript of my meeting with their lawyer before the court appearance for the stay of proceeding. They also sent a copy statement for what they say I owed. I never saw it before so I guess they just created it. They did not send a copy of the agreement, notice of Assignment nor deed of Assignment.

 

Barclaycard also sent tones of bank statements. Signed copy of my application. Details of their correspondence with me but did not send copy of agreement or notice of assignment.

 

I also noticed that Lowell said in the court paper that the debit was sold to them on a particular day and a notice of assignment was sent to me the following day by the original creditor. I have read the document that Barclaycard sent to me of all the communications they had with me and no entry was made for the day Lowell claims the NOA was sent.

 

Please all comments are welcomed.

 

Cheers.

Edited October 26, 2012 by not_without_fighting

[not_without_fighting]

The affadavit from your brother is also key....

 

Hello, managed to get my defence on time. Hand delivered it to court and OR. I sent Lowell's copy by registered post for next day delivery. I also received both Barclaycard and Lowell's reply to the SAR I sent.

 

Lowell sent the transcript of my meeting with their lawyer before the court appearance for the stay of proceeding. They also sent a copy statement for what they say I owed. I never saw it before so I guess they just created it. They did not send a copy of the agreement, notice of Assignment nor deed of Assignment.

 

Barclaycard also sent tones of bank statements. Signed copy of my application. Details of their correspondence with me but did not send copy of agreement or notice of assignment.

 

I also noticed that Lowell said in the court paper that the debit was sold to them on a particular day and a notice of assignment was sent to me the following day by the original creditor. I have read the document that Barclaycard sent to me of all the communications they had with me and no entry was made for the day Lowell claims the NOA was sent.

 

Please all comments are welcomed.

 

Cheers.

[unclebulgaria67]

I think you should write to Barclaycards compliance manager stating that Lowell have advised that Barclaycard issued a notice of assignment, saying Lowell had been assigned the account. If this is so, can they supply a copy of the notice of assignment that was issued. Also you have made requests for a copy of the Consumer credit agreement, which has not been forthcoming. Ask them that if a copy of the CCA is not available, would they confirm this is writing.

 

I think your next court date is coming up shortly, so you need to make sure Barclaycard is aware of the urgency of the request.

[42man]

You have made a request via way of SAR, and they have not provided the agreement, without this then they are stuffed, as unclebulgaria67 has said, you should write a letter to the compliance manager, requesting that they confirm in writing that they do not hold any more data on you than has already been provided then they need to tell you this. (as per High Court Law - Welsh Ministers vs Ezsias).

[42man]

Without any agreement how are you supposed to check the interest rates too ? as per Phoenix vs Kotecha

[42man]

Also bearing in mind the fact that Lowells can NOT escape their duties to provide the agreement under the Consumer Credit Act - remember this is is pillars of granite in Jones vs Link Financial

[not_without_fighting]

I think you should write to Barclaycards compliance manager stating that Lowell have advised that Barclaycard issued a notice of assignment, saying Lowell had been assigned the account. If this is so, can they supply a copy of the notice of assignment that was issued. Also you have made requests for a copy of the Consumer credit agreement, which has not been forthcoming. Ask them that if a copy of the CCA is not available, would they confirm this is writing.

 

I think your next court date is coming up shortly, so you need to make sure Barclaycard is aware of the urgency of the request.

 

Thank you for the quick response. Should I mention in the letter that the information is required for a court hearing which is sitting beginning of next week.

 

Also, I am yet to receive a copy of Lowell's defence. Should they not send me a copy to prepare myself? The court gave them till last week Friday to submit their defence to court.

 

Cheers.

[42man]

You can state that it is the subject of legal action and that you would like confirmation in line with High Court Law - Welsh Ministers vs Ezsias that they do not hold the following.

 

Agreements

Notice Of Assignment

Default Notice

etc etc

 

Regardless of the above you made it quite clear in your Subject Access Request what you required, it isn't an unreasonable request and they have not complied or in your opinion they do not hold the agreement...which by law should be held for at least 6 years after the account is closed to comply with Treasure Money Laundering rules. - http://www.consumeractiongroup.co.uk/forum/showthread.php?155691

[not_without_fighting]

You can state that it is the subject of legal action and that you would like confirmation in line with High Court Law - Welsh Ministers vs Ezsias that they do not hold the following.

 

Agreements

Notice Of Assignment

Default Notice

etc etc

 

Regardless of the above you made it quite clear in your Subject Access Request what you required, it isn't an unreasonable request and they have not complied or in your opinion they do not hold the agreement...which by law should be held for at least 6 years after the account is closed to comply with Treasure Money Laundering rules. - http://www.consumeractiongroup.co.uk/forum/showthread.php?155691

 

Hello, got a letter from a company called bwlegal saying that Lowell has asked them to represent them at the annulment hearing.

 

Part of the documents sent is a witness statement from a member of the firm explaining why the court should not cancel the bankruptcy.

 

What I have observed is that the document was written 7 days after the date the judge gave Lowell to file any response to my defence. If the case is that they did not file the paperwork as instructed by the judge, can I request that the court should not consider any statement on this document. Can I request for default judgement?

 

Also included in the document is a copy of what is meant to be a notice of assignment from Barclays Bank. However, the product is from Barclaycard and all correspondence is from Barclaycard Customer Service. But this letter with no letterhead and no visible name of the person that wrote the letter has been sent by Barclays Bank. At least that is what I'm supposed to believe. Also the letter contains Lowell reference number even though the letter was sent the next day the debt was sold to them.

 

The letter looks pretty much what Lowell wrote themselves.

 

By the way, the hearing is tomorrow morning.

 

Cheers.

[unclebulgaria67]

Bump. I think you can only draw the judges attention to their last instructions in regard to the date Lowell were given to respond to your defence. That they have failed to comply and have appointed new counsel, with this only being advised in a letter from BW legal dated xx/xx/xxxx. I would say something along the lines, that given the seriousness of todays hearing and the consequences, you seek the judges consideration to agree to the annulment, as you have not been given adequate time as a LIP to consider their response. Also the late response from BW legal, has failed to respond to the defence on the following points ( list them) and some of the documents do not appear to be correct i.e a letter of assignment from Barclays Bank, when the debt in question is Barclaycard and all their documents would contain the Barclaycard trade mark. So you do not believe this letter of assignment has been provided by Barclaycard.

 

So I think you are right, but I think you need to draft a response that you can read out and that the judge will understand the situation, as clearly as they can.

 

I have alerted the site team to see if they can get someone to post a more authorative response.

[42man]

They cannot avoid their obligations under the Consumer Credit Act either, they HAVE to comply with the agreement request this has been confirmed in the High Court case of Link Financial vs Jones. They are getting desparate. And remember if they want to talk to you in the waiting room, just state that you will listen whilst they talk, conversations have been known to be carried over to the court room. State that if they pay your costs you will agree to them withdrawing the petition. Makes no difference they have 'constructed' a letter of assignment.....no agreement, no statements for the duration of the agreement, no default notice in the prescribed form....UncleBulgaria is right, moreover you don't have enough time to give any response, Barlcays have no copy of the agreement, not only that but it may not even be compliant with the Consumer Credit Act.

[42man]

They also never provided a certificate or affadavit of continued service, this is a clear abuse of the insolvency rules....!!

[42man]

The issue here isn't the legal assignment, I have no doubt it was carried out in a debt sale agreement. Keep your focus on the agreement, the Consumer Credit Act and the non production of an affadavit / certificate of continued service in line with the Boggis high court ruling.....CLAIM YOUR COSTS TOO !!!

[not_without_fighting]

The issue here isn't the legal assignment, I have no doubt it was carried out in a debt sale agreement. Keep your focus on the agreement, the Consumer Credit Act and the non production of an affadavit / certificate of continued service in line with the Boggis high court ruling.....CLAIM YOUR COSTS TOO !!!

 

Thank you very much for all the support. I am about to step out in the next 15 mins to meet my waterloo head on. I will let you know the judgement as soon as I can.

 

With regards to asking for payment of my cost, do I need to present it after the Judge as given his/her conclusion or during the time I am putting my case to the Judge.

Do I aslo need to give evidence of the claim i.e. Transport cost to court, postage cost.

 

Cheers.

[42man]

Did you submit costs with your annullment papers ? if not then you may not be able to claim them.....you can certainly ask the judge.

[not_without_fighting]

Did you submit costs with your annulment papers ? if not then you may not be able to claim them.....you can certainly ask the judge.

 

Hello,

 

Just came back from court. The judge decided to adjourn the case again. He said that the all hearing rests on the fact that I claim not to have been served the SD and if does proves the case, there is no reason to hear other items raised by me. So in view of this, he as requested the court attendance of my witness and Lowell's witness that served the SD. The case will now be heard at a new date within the next 28 days.

 

This wasn't what I was hoping for. I thought I can have it all behind me by today. Well, I guess the battle continues.

 

Once again, thanks for all the support.

 

Regards.

[42man]

WHAT ?? another judge lottery by the sounds of things ? did you get any chance to say anything ? Well your brother will obviously be stating that the demand was served on him....so you should still win. Shocking that the judge has not even looked or considered the other important aspects of the case....

[unclebulgaria67]

I suppose it is the key question, as if the SD was not served on the correct person, then the Bankruptcy cannot stand and therefore there is no point looking at the other issues.

 

Unless the process server took a photo of the person they served the SD to, then I cannot see how annulment would not be granted. It is absolutely crucial that your witness attends the next hearing, so make sure they arrange a day off work if necessary, by getting their request in quickly.