Help Needed Please over eviction

[ford2872]

Hi i'm looking for any information on what i can do and who i need to see about my hard to believe situation, it's a long story i'll keep it basic.

 

I was handed statutory demand and bankruptcy petition on the same day and went straight to my solicitor who was going to apply to set aside and dispute the debt she informed me she had 18 days to do this, I stayed in regular contact with her but on xmas eve she informed me she needed more paperwork and by this time the 18 day limit had past and she also failed to appear in court which was held straight after the xmas holidays and i was made bankrupt with no legal representation. The disputed debt was with Lowells portfolio for £3,500 , The courts also appointed official receiver.

 

Then i was appointed to Mazars llp and tried to work with them but they just wanted money, I was told i had a year cooling off period with no interest to be added to debt, My mother offered to pay off the £3,500 to get them off my back and leaving me to dispute the debt and claim it back, But they wanted £7,000 we asked for a full rundown on what the £7,000 was for and a couple of days later they wanted £25,000 from me.

 

I went to another solicitors in my area who said that she would also be taking my first solicitor to court for misconduct. She applied to courts for annulment. At the hearing we explained to judge that i had never had credit card with Lloyds Tsb and the judge asked Lowells to produce the proof and lowells asked for adjournment to be able to find proof of the debt, It was adjourned for 2 months. When we returned to court they produced a really basic looking printout with No heading or any details on bank or company just a basic printout and also Lowells were replaced now with Weightmans llp.

 

After that we had a few more court hearings but i was unable to put my defense in writing to the judge which as a 7 day limit, Because the clerk of the court had been sending letters meant for me to weightmans llp as he assumed that they were acting on my behalf and weightmans also failed to tell courts of the error, and also failed to forward all of the letters to me, But i did receive 2 letters forwarded from them but always the weekend before court hearing also leaving me not enough time to write my defense.

 

I received an order for eviction and applied to have this set aside and case had been moved to my local court who said they didn't have enough information on the case and asked for it to be sent back to original court who didn't set it aside and again i applied to have set aside and again they sent it to my local court and the hearing was 2 days before baillifs were due, In court the judge refused to listen to my pleas because he told me on how the other judge from original court had instructed him to dismiss it.

 

I was evicted from my property 2 days later by bailiffs and as i'm a single mother with a 9 yr old daughter i still can't believe the allowed this just weeks before christmas just gone and i had nowhere i could go my mother had my daughter and i slept in car

my daughter is traumatized through this and is effecting her sleep , and been isolated from her friends.

Please can anyone advice me on what i can do over what i believe to be totally unfair and i feel as if Lowells, Mazars and Weightmans have just bullied me. I want my house back asap PLEASE HELP !!

 

Thank you

Edited March 8, 2013 by ford2872

[ford2872]

also lowells have sent me 2 account statements with said debt dated 1990 with Lloyds making me a 13 yr old credit card holder.....

[ford2872]

i have lived at my home for 14 years

morgatge is up to date no arrears and ime still paying this.

 

i still have not received anything in writing from mazarz or anyone??

 

the last i heard about my extortionate charges for desputing the unproven debt was in exess of £42,000 its far more now.

 

the bailiff since has taken my personal belongins (clothing ,,ect)

damaged my daughters trampoline ,

made money from taking ali and all material with high scrap value.

even building material duff,,chipins,,pvc, the list is never ending, the robbin B********s!

Edited March 8, 2013 by ford2872

[ford2872]

If a debt is in despute i was under the impression that they would hold off any further action?

 

my last acting soliciter had to stop representing me as ther was a barr on me applying for any appeals or annulments.

 

we did not know of this untill we were at court as i never received any correspondance from the start of proceedings ?? mad isnt it!

[stu007]

Hi ford2872

 

Welcome to CAG you have certainly been through the mill with this.

 

Please be patient and have a look around the forums this isnt may area of expertise and cagger will be along to give you their wisdom.

 

1. Could you please tell us who the Original Creditor was i.e Mortgage company?

 

2. Is it Lowells you are presently dealing with?

 

3. When you say bailiff who were the bailiffs from?

[ford2872]

hya thank you for your response ,lloyds tsb lowell portfolio bought off them well they say they got asigned it 2008. a credit card debt dating back to 1990 .i would ve been 13 years of age.

 

lowells asked for adjournment in my annulment hearing as they had no info or details about the debt , shouldnt this have been put in place in the county courts to make me bankrupt in the first place.? on return hearing weightmans soliciters acting on behalf of mazarz(insolvency practitioners) were in court and not lowells.

 

london house from ynysforgan in swansea iwan morgan .n another lady ??where bailiffs. assigned from mazarz

[Conniff]

This is all rather muddled. You need to put it all down in order with dates so anyone can read it from the very beginning when you received the first letter.

 

This original solicitor, was any action taken against her by the second ?

[45002]

This is all rather muddled. You need to put it all down in order with dates so anyone can read it from the very beginning when you received the first letter.

 

This original solicitor, was any action taken against her by the second ?

 

Hello ford2872

 

I'm struggling to under this part

 

 

I was evicted from my property 2 days later by bailiffs

 

 

 

Can I ask why have you been evicted from your home !

[skyler11]

its a very long story but

 

got made bankrupt for a credit card debt of £3065.by llowells

original creditor lloyds tsb dating back to 1990?

i have never had a credit card from lloyds and if i had it would mean that i was 13years of age in 1990.

 

was made bankrupt in my absence with no one representing me. jan 2011 and

was appointed insolvency practitioner soon after.

 

applied for annulment to have the bankruptcy cancelld.

 

at the court hearing judge was ready to dismiss the bankruptcy

but lowells agent asked for adjournment to find particulars of this said debt as she did not know any details.

 

i informed of any other debt i were owing i did disclose that i did have a buisness loan years ago but this was statue barred!

 

At The rehearing Lowell was not present it was Weightmans llp soliciters acting on behalf of mazarz (my insolvency firm)

 

had a statement from greham Danby it were very unproffetional also with a printout that was very basic ,

no date no letter heading it was a fabricated to a poor standard. with payment and dates

they apparently received from me .dating up to 2005 .

 

now trying to say debt was not statue barred as i payd within the time limit ???

nothing was submited from my soliciter in my defence , although i did advise to do so ??

annulment was then dismissed

advising me to apply for another but needed more competent representation.

[Conniff]

What you're saying here is that you were made bankrupt without any indication that you owed anything, just on someones say so. I find that hard to believe.

 

There is no way a court would just accept, let alone grant, an application with no details on it.

[Conniff]

We now have 2 posters with the same story, ford2872 and skyler11 are you the same person ? If so, why have you signed up with another name ?

[skyler11]

insolvency extortionate court fees etc,,

 

,i know for a fact that i do not owe this money ime not in the habit of receiving credit

if i want something wich is not very often i will save n pay for it.

 

fees are in the exess of 42.000 but still havent received in writing, or anything throu whole court proceidure .

i was in the dark .???

 

I did on two ocassions receive notification of court hearing that where forwarded last minute from weightmans.

not leaving me enough time to file my defence or to be advised legaly on steps i should take.

[skyler11]

sorry my partner last night wrote post ,now ime realizing ime replying on my account.maybe thats why first post u found hard to understand as he explains it diffrent to me

 

verry sorry x

[skyler11]

Re: Help Needed Please over eviction

What you're saying here is that you were made bankrupt without any indication that you owed anything, just on someones say so. I find that hard to believe.

There is no way a court would just accept, let alone grant, an application with no details on it.

 

 

no ,

 

statitory demand + petition was from lowell portfolio for a credit card debt signed by Greham Danby.

for the sum of £3065 dating back to 1990

original creditor lloyds tsb,

 

thats all they had no details or credit agreement or statements of accounts:|

[Conniff]

Ok, as long as we know.

 

You need to get proof of what you are claiming from the creditors, so you should sar them and when you have the paperwork, which should show it's not you, you can then apply to the court to have it overturned.

 

This is something you can do yourself, you don't need a solicitor.

[Conniff]

no ,statitory demand + petition was from loweell portfolio for a credit card debt signed by Greham Danby.for the sum of £3065 dating back to 1990 original creditor lloyds tsb

 

It doesn't really matter who it was from, you need to get the paperwork they are holding that convinced the court that it was you who owed this debt.

 

Have you an up to date copy of your CRA file ?

[skyler11]

i have the stat demand plus Br petition

they handed them to me directly by my front door ,together!

 

insolvency patitioners where appointed by courts to me very soon after.

 

they have received all relevant documents of my financial situation. ,

including money claims that is owing 2 me.

 

in my mind it is as easy and as plain as wat u say ,

but istead all they were interested in was my property!!!

 

tried desputing on many occasions but as theyve had upper hand by receiving my mail and not forwarding

 

.costs have risen and thats what theyve been pressing on.

 

the despute being egnored.

 

taking advantage of my vulnarability,

[skyler11]

I do still have all letters ,receipts statements for the past 15 years for buisness and personal.

[skyler11]

the real issue has been egnored ,

 

insolvency have been able to apply extortionate costs enableing them to evict me .

but i will not back down i am at agreat loss .

 

i wernt insolvent b4 all this started but they are driving me into debt .

 

my mortgage is up to date

 

i have informed Halifax (mortgage ) of situation but theyve received nothing from relevant parties on theyr claim,

until i pay my last mortgage payment it still bellongs to halifax .

 

I would have thought LLp would have to contact halifax b4 anybody else?? dont want to default still making payment.

 

I have been to the courts and have completed an application form for a change of judgement,

havent handed in yet though. was unsure wat courts to apply to ,

 

cases have been mainly in swansea county court but was in Llanelli court on the last hearing to susspend eviction ???

 

Eviction went ahead!!

 

Been advised to post my thread here hope its ok

 

I was made bankrupt by lowell portfolio with a debt that was unproven It was all done without my knowledge.

 

I received a letter from OR and was appointed to Mazars llp and argued the debt with them

they then applied for a possession order with rights to sell And even though they knew i was unfamiliar with the way the courts worked

for example it was not explained to me that I had to put in writing my arguments to have bankruptcy order set aside

and send the courts a copy and also i had to send copy to insolvency practitioner ( Mazars llp ) 7 days before hearing.

 

I went to court with all my papers in order ready to sort it out the mess that lowells had caused.

 

I had no solicitor as I didn't qualify for legal aid because I'm a homeowner...

 

Only to be told by judge to be quiet and he granted possession order with rights to sell to Weightmans llp who were Mazars llp legal team .

I was shouting how unfair it was and trying to approach judge with all my documents for him to see that bankruptcy was wrongfully obtained

he was telling me to calm down or I'd be incontempt of court and arrested

 

I'm still dumbfounded to the way i was made to feel,

The only good thing the judge did was notice that no limit was put in place on how much property could sell for and placed a no lower than £85,000

 

placed a anullment application in and

 

Mr M Pickard Trustee Mazars llp put it to the judge that i was wasting time to keep property for longer

and that the cost of the charges for his time and that of his the legal time had now reached £42,000

and asked that i be barred from placing any more applications into the courts

 

then They applied for eviction notice and i was sent a letter telling me that my 9yr old daughter

and myself had 30 days to vacate the property with all our belongings

 

I was advised to put N244 into the court to ask to stay at property this was in early October 2012

 

got date from my local county court for hearing 2 days before eviction was due.

 

At the hearing I was begging the Judge to hear my case and help me,

And he sent it back to the other Judge due to the lack of info on the case.

 

It actually bought me more time another 30days

I hadn't started packing cos i weren't leaving my house

 

in went another N244 and again case sent to my local court

date was again 2days before eviction.

 

This time the judge turned around and told me to safe my breath

the other Judge had left notes instructing him on what to do

 

My application got dismissed

 

I cant believe on how badly I'd been treated throughout this case.

 

Spent next day on Phone to C A B online to get help these forums and others.

 

Nobody had the answers i need And then

 

the next day had 3 hours to pack as much as possible and then 3 people came to door

1 female ( bailiff ) 2 males ( locksmith and an agent for mazars llp )

 

locks were changed front and back doors and property was made secure

and they told me to ring the agent within 14day time limit and he'd allow me back in to remove the rest of my things.

 

homeless Totally bullied and my home for the last 14yrs taken from me fraudulenty.

 

He was from a firm called london house and was a clever horrid man

he sat outside my house while I allowed to gather my other belongings for 8hrs and i still weren't half way through.

 

Then i was informed that i would be billed for the removal of my other stuff.

 

over the nxt couple of weeks i went back n fore to try and stop them from emtyin the house

and then i seen alot of things had been removed and my head went.

 

So I managed to gain entry with no signs of forced entry and changed both locks and really made the house secure.

 

Over a week as past and they still havent been able to get in and neighbours have seen them at property on numerous times

 

I have had nothing from anyone about the situation And Now I'd Like Advice On Laws About Situation..

 

I Want To Move Back There But Need To Know If Its Illegal And what I'd be Charged With Because My 9yr old Is Also Been Affected By It All

 

Please Please Help Me On Above Situation

 

What further Actions I Can Take To Get All This Reversed

 

Who can I contact to take Action against Judge for his bias judgement

 

who do i contact to press fraud charges against lowells and Mazars for ridicolus costs added

 

PLEASE HELP I'M NOT GOING TO STOP JUSTICE WILL PROVAIL

.

Edited March 9, 2013 by skyler11

[The Mould]

the debt i was told by a solicitor years ago was statued barred and no longer needed to worry it !!!

 

A couple of years later and I'm in this position.. I JUST DON'T GET IT

 

I phoned Halifax and my morgage repayments were up to date and also informed me that they had no information about my eviction

 

Dear friend Ford2872

 

If this debt is statute barred, then I would advise you to make an application under the Limitation Act seeking and Order that the Judgement awarded against you be set aside in the light of this fact.

 

Kind regards

 

The Mould

[unclebulgaria67]

2 things.

 

1) You may be able to get free legal help through this link. http://www.barprobono.org.uk/

 

2) Halifax Mortgage Legal dept will not be happy with this, as they should have been notified. They will principally be concerned about their own interests, but they may also at the same time partly represent you concerning the process that was followed in regard to bankruptcy.

 

Can you post details of what debt Lowells had and when you last made a repayment towards this debt. Do you have a copy of the statutory demand, where Lowells threatened to make you bankrupt ?

[dx100uk]

so the debt is mortgage arrears?

 

you need to send an sar off to the OC or lowlife and get all the paperwork they are relying upon...

 

or do you have this?

 

what reasons have you put with the 2 n244's for the st aside?

 

dx

[skyler11]

wondering if anyone could advise me on what way do sort this mess out ,

 

its a long story so many faults in proceidures ,

a bit hard to believe but its all true

,determind not to let these parasites infest any more!!

 

Received stat demand + bankruptcy petition

they were handed together on the doorstep.

 

imediately took to soliciter ,we had 18 days to apply to courts.

limit had expired ,

received a letter from soliciter xmas eve 2010 stating that she needed more paperwork .

 

got made bankrupt in our absence and they immedietly appointed insolvency practitioner (mazarz)

 

 

.credit card debt (lowell portfolio)3065.00 (original creditors lloyds tsb)

 

.start of credit 1990 ,lowells 2008

 

.i myself have never had a credit card wiyh Lloyds

 

.applied for annulment, court date oct 5 2011 (adjournd by lowells to find proof and particulers)

 

.no correspondance from court or date of hearing??

 

.on return hearing weightmans llp (soliciters of mazarz)no llowells?

 

.at hearing 5 november2011

they presented a fabricated printout very basic on payments to the account nothing else to support this.

 

.annulment dismissed (judge stated that i could apply for annother)

 

.my then soliciter closed her file as she exeeded the legal aid.

 

.I kept in contact with mazarz regulary ,sent them all documentation on my affairs.

 

.made them an offer of full amount they declined.

(this was to safeguard my home)would sort debt despute soley for no more costs to arise

 

.was intimidated and bullied by them was in great distress.

not being properly adviced by anyone on proceedings .

 

. vulnerable adult with 1 dependant( ill health hypertention,loss in sight due to this,ongoing ankle injury not correcting)stress.

 

.applied for a couple of annulments,received no correspondance or notification from courts,queried this with no avail.

 

.june2012 intimidating letter off weightmans ,notice of hearing in couple of days ,not enough time to file defence.

 

.hearing ,one sided as usual ,no defence, no oppurtunity to address my opinion or facts .

 

.possession/ letter in post. judge advised on getting good legal rep,,,

 

.july 13th friday,letter weightmans notification of annulment hearing on 18th july

 

.long awaited opp arthrioscopy ankle,been refused previously blood presure dangerously high,immediatly

informed court unable to attend.

 

.16th july statement of costs by weightmans nasty letter.

 

.july another hearing again received last minute, 2 days b4 hearing not leaving me any time to file defence.

 

.charge of sale ,to my advantage judge did apply a claus that my property

could not be sold for less than £85k

 

b4 this he advised that they could have sold for 10p if they wanted !! theaving b********!!

still i would not be getting full value as a property sold next door went for £120 k .

 

at the hearing again represented myself and tryied explaining to judge of receiving no notification of case ,

or any correspondance since the rehearing of the adjournment case.

 

.was still waiting on notification on date of annulment hearing i applied for.

 

.i was under the impression that the dept was desputed so no further action could could be enforceable?

 

.a couple of hearings went ahead without my knowledge.unknown at the time.

 

received an eviction hearing applied to suspend this hearing was at diffrent court

(llanelli)all along swansea county court i had been attending.

 

.9 oct judge adviced for this lissting to be moved back to swansea as he didnt know enough about the case,asap

 

.10 oct hearing swansea was adviced that ther was a barr on me applying for any annulments .

i did not know of this!! postponed eviction for a later date

.and adviced my acting soliciter that they could charge him and the firm a large summ??

.

.received no correspondance yet again,

went to see a indipendant insolvency petitioner with all my paperwork

,informed me that i hadnt been given all relevant paper work for stst demand ......

....,and how would i have been able to file my defence with nothing to go by??

 

contacted the courts for my case file and managed to speak to the clark ,

He appologised !!!

my soliciter had contacted them that morning inquering of next court date as nothing had been received

,wanted to know who he was as all paperwork throughout case was sent to weightmans ..((mazarz soliciters)) **** !!

 

court was to be held the next day ,

but sayd he would go asap to judge explain the error and hearing would deffo be adjournd.if not dissmissd.

 

.Nov 1 2012 case went ahead we were at the hearing along with barrester .

judge would not go back on his judgement or still not listen that i was not liable for the debt and had all proof to hand.

 

.B4 this hearing £42k the insolvency had extortionately charged me even though i still did not receive this in writing.

for contesting a debt of £3k that i wer not liable for.

 

.received another eviction notice and applied to set aside hearing at llanelli county court

.judge did not want to listen to anything and clearly sayd hed been advised on how to proceed

dissmissed application eviction was to go ahead.

 

evicted with 1 dayz notice ,bn at my home 15 years ,as my 9year old daughter says "all her life", friends and school close ..

 

...mortgage up to date ,

they havent been informed by insolvency that theyve taken theyre property ime making payment not to default ,

 

life has fallen appart ,

my health is suffering adding to allready ill health

but mainly through undue stress.

my daughter is traumatized and disconected from friends .still homeless.

 

since the eviction the Key holder has emptyd bellongins bit by bit

and pocketed what hes made clothes everything of value,

even building materials duff ,sand ,chippins ,pvc faceures fitings ,pvc french doors weighed in metals ..

 

.......to many to list still haven received any form of notification.

 

Damaged a childs trampoline unecisary damage was not insolvent b4 all of this ,

but now ime in hardship with no way to turn ,getting more angry as time goes on not giving in .

anybody with any knowledge to guide me i would be very gratefull x

Edited March 16, 2013 by skyler11

[dx100uk]

threads merged - two users - same issue

 

one already running

 

pleae can you two stick to this thread

 

i suggest you read the advise already postted

 

dx

[ford2872]

Hi unclebulgaria67

 

I've copied the second page of the statutory demand

 

Particulars of Debt

 

These particulars must include:

(a) When the debt was incurred

(b) The consideration for the debt (or if there is no consideration the way in which it arose)

© The amount due as at the date of this demand.

 

The claim of the Creditor is for payment of £3065.00 being the balance of monies due

Against a credit account made between the Debtor and LloydsTSB Group PLC in

Respect of a Credit Card, under account number xxxxxxxx

Such agreement being regulated under the consumer credit Act 1974

 

The rights and benefits of the said account were duly assigned from Lloyds TSB

Group PLC to the Creditor by way of a Debt Sale Agreement dated 29/02/08 and

Notice of assignment having been served upon the Debtor by the Creditor on

20/03/08 in accordance with the provisions of Section 136 of the Law Property Act

1925

 

The balance of the debt at the date of this demand remains outstanding and due for

payment by the Debtor in the amount of £3065.00 despite previous written and verbal

requests for payment being made by the Creditor to the Debtor.

 

 

hope thats of help and as i have never had a credit card with LloydsTSB No repayments have ever been made to this debt

 

 

And skyler11 will be answering any other posts on this thread

Edited March 19, 2013 by caro