Help Needed Please over eviction

[skyler11]

Hello !again

 

6 months after eviction and still havent received all coresspondance of directions or proceedings .

 

received a telephone call from insolvency firm yesterday,

 

asking for address to send correspondance by mail to make sure i receive them.??

 

"bit late to show concern the devious robin B******!!"

 

i asked for them to be sent recorded or special delivery.

she refused ,

then sayd r u getting ure mail .

all that i know of yes .

 

to make sure send recorded we both will have proof!!

 

simple."again she rejects these r important documents in my opinion that i should have received during proceedings to show direction , help to file my defence.

 

i am still in the dark on how much these thievs have charged .

all that matters is theyre fat pockets.

Edited July 7, 2013 by Andyorch
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[steampowered]

Are you missing court documents? If so, get in touch with the court and get a copy of your court file.

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

[Desperate Daniella]

My goodness, skyler, what a mess!

 

As happened to wendyboats, it is terrifying to see how these things can escalate.

 

The most important thing, as Conniff has said, is to prove the original debt was not yours because everything hinges on that. Obviously it should have been pointed out to the judge that the agreement could not have been yours because, as you say, you would have opened the account when you were 13.

 

Did you send Lowells and Lloyds the Subject Access Requests?

 

Did you ever receive any letters, statements, anything, from Lowells before they started Court Action? It might be that you ignored them because you thought that it was a mistake and nothing would happen and that is understandable. Not the best course of action, as we can see, but understandable.

 

Did you get the documents you needed from the Court?

 

Is the house still empty and unsold?

 

I'm a bit confused too about who changed the locks.

 

What does the building society say about all this?

 

Have there been any other developments since you updated on 7th July?

 

I know there are a lot of questions. Just take one at a time, and put each answer in a separate paragraph. It makes it easier for us to read.

 

As I said on wendyboats' thread, bankruptcy is not my area of expertise, but I'm horrified by what I have read here. What a complete nightmare.

 

DD

[skyler11]

Thank you for taking time to read through thread its much appreciatedxx

Right mess aint it, ive unravelld allot , gone through every thing bit by bit .if i would have had just one oppertunity throughout proceidings i feel i would have succesfully defended.

 

I do not know still to this date how much costs insolvency r charging me for desputing the sayd debt.

 

I applied for a hearing which was granted and a date set ,1h hearing

the day before had a phone call from courts that it had been vacated due to llp's soliciter dissalowing. as they had placed a bar on me applying for annulment of the bankruptcy.

 

Had to apply for leave of court ,for permission to apply

 

Date set for hearing end of this month for half an hour .(for leave)

Been vacated

reason being ,the last application be struck-out as abuse of process, application in breach of bar order .

 

????????

The reason i applied to the courts was for a change of judgement ,

I received a general order informing me that house price been varied to the figure 57k instead of 85k

Didnt agree. was not informed of the hearing,

Edited October 18, 2013 by skyler11
add to

[skyler11]

I have not been notified of this but have noticed it has been listed for auction end of this month!!!

hearing for leave was set a day before auction listing .

vacated though

 

case obvious has merit for judge to set a date. or application would be dissmissed.

thought judges word was final. llp are not allowing me to have a fair hearing, them knowing that i have all evidence todefend theyr claim.

 

i am not insolvent and have continued to pay my mortgage and all houshold bills due.as i do not want to default. ime up to date with payments.

[Desperate Daniella]

skyler,

 

I feel desperately sorry for you and I really want to help you, and I'm sure the others do too, but the reason you are not getting the advice you need is because you are just not answering the questions we are asking, and we need the answers in order to help you.

 

Your house is listed for auction at the end of this month and you must act quickly. You must get the evidence you need.

 

Did you send off the Subject Access Requests to Lloyds and Lowells?

 

DD

[skyler11]

hi sorry daughter needed my time.

 

Yes sent a sar to both,

as did previous soliciter had applied last year before eviction but had nothing back.

 

Lloyds have stated that the account no is not linked to me on any account ,

and sayd it isnt a lloyds account number.

 

no record of any credit card account on my name

 

have since had a reply from lowells/hamptons from previouse cca request out of time though

 

they did place account on hold due to no agreement ,

while requesting Lloyds to look up in theyre archives.

 

The latest letter i received stated

 

that theyd raised request with Lloyds and we can confirmthat this account relates to a current account.

 

we would advise you that this a running account and as such is exempt from part v of the cca1974

relating to the form and content requirements of regulated agreements. T

 

here is, therefore, no statutory requirement to enter into a formal credit agreement for the account.

 

a further copy has been enclosed for your reference.

 

if you have any further queiries please dont hesitate to contact .......

yours faithfully

 

(signed)

 

the bankruptcy petition was for a Credit Card account CCa 1974 agreement !

 

surely they should be accurate on what debt they where persuing me for.

 

And was made bankrupt for also they added another 1.5k to theyre original balance of 3 k

 

this has been desputed from the start , but to llp this was irelevant now and they needed theyre costs .

 

i did inform them on my concernes and sent all relevant paper work,

 

but they carried proceeding regardless ,

stating that i was not communicating with them and applied for a charge and pssession order due to this.

 

All i sent to them was by recorded post ,

have receipts as proof that i was communicating

regards hope this helps xx

[Desperate Daniella]

Thank you, skyler.

 

I'm going to read that carefully tomorrow and come back to you.

 

Next question:

 

You and Ford have both posted here. Is the house in your name, or Ford's name, or is the mortgage in both names?

 

Who was made bankrupt, you or Ford? I'm sorry if you've made that clear in an earlier post. Please bear with me.

 

DDxx

[Desperate Daniella]

The way I am understanding it is that you were made bankrupt, and you never had any account of any kind with Lloyds?

 

Is that right?

[skyler11]

yes i was made bankrupt,for a CreditCard debt llowells had bought, from apparently Lloyds Tsb.

 

i did have accounts with Lloyds Tsb 15 or more years ago ,

but not this account number .

nor did i ever have Credit Cards

xx

[Desperate Daniella]

Sorry, skyler, for the delay coming back to you. I had problems with internet access. Grrrrh.

 

Can you remember anything about the Lloyds TSB account? Apparently they only traded as Lloyds TSB from 1999, so as that is almost 15 years ago I am wondering if for any reason you were given a new account number?

 

Also, can you please let me know about the house. Post 83 above.

 

Thank you.

 

DDxx

[skyler11]

hya . yes they merged 1999 but still had the same account numbers

unless another was made without my knowledge .

 

as far as my known accounts are concernd

there is no default on my accounts

or no credit cards linked to me in any of my past accounts.

 

mortgage is on joint names,

with an ex partner.

he moved many years ago ive been paying mortgage and its up to date and still is .

[Desperate Daniella]

skyler,

 

I will be away from tomorrow until next week so please come back as soon as you can.

 

If your ex owns part of the house he may be able to do something to stop this. I know you have followed wendyboats' thread.

 

What is your ex doing about this? Has he made any attempts to fight this off?

 

DD

[skyler11]

ime not going anyware! ! so shouldnt that be "when you get back" not come back to us"

 

Dont trust anybody !! obide by rules but still wronged.

 

It does not pay to be Honest.

[Desperate Daniella]

No, I meant please come back to me with the answer to my question. I was hoping you would come back last night or first thing this morning.

 

If your ex has equity in the house, he should be fighting to keep it.

 

Has he done anything, like contacting the building society or the bankruptcy trustee to say that the house is partly his?

[skyler11]

Hi ime in a simular situation apart from Llp have now advertised my house for auction ,i had no notification of this ,i came accross it online.

Ime at my wits end ,it has taken over my life , auction is next week .had a date set for a hearing and again its been vacated. ive been deprived of my rights to file a defence. proper proceudures havent been followed.all alegations i have evidence to prove otherwise .but no genuine help out ther .

just a waste of ure valuble time.

[unclebulgaria67]

Hi ime in a simular situation apart from Llp have now advertised my house for auction ,i had no notification of this ,i came accross it online.

Ime at my wits end ,it has taken over my life , auction is next week .had a date set for a hearing and again its been vacated. ive been deprived of my rights to file a defence. proper proceudures havent been followed.all alegations i have evidence to prove otherwise .but no genuine help out ther .

just a waste of ure valuble time.

 

Skyler

 

Have you tried to contact people who handle pro-bono legal work.

 

e.g http://www.barprobono.org.uk/

 

What about phoning the charity Shelter to see if they can get you some legal help.

[unclebulgaria67]

This is way over my head. I think you will need to accept that the house will be sold at auction following your bankruptcy. Yes this all may be totally wrong and you have ended up in a really bad position. But this does not mean that you cannot fight back in a different way.

 

You really need something from Lloyds TSB Head Office compliance department stating that there has been no debt in your name that would have been sold to Lowells. Then armed with this information, I would suggest that you see a Solicitor with all of the information and they should help you sue Lowells for a lot of money. The amount would be to totally compensate you for what has happened.

 

Send a recorded delivery letter to Lloyds TSB Head office Compliance Department along the following lines.

 

Dear Sir/Madam

 

I am writing to you to ask for your urgent assistance to deal with a matter that has left my family in a desperate position. We have been made homeless following bankruptcy, for a debt that I have no knowledge of owing to Lloyds group. According to Lowell, it should relate to a current account, but as far as I know, I have not held any such account with Lloyds for more than 15 years.

 

Lowell Finance (debt buyers) have stated that they purchased a debt from Lloyds in 2008, with the account number xxxxxxxxxxx. I have attempted to find out the details of this account, but neither Lowells or Lloyds have so far been able to supply the details. To assist you with tracing any account held with Lloyds Group, I will details my full name, date of birth and addresses for the last 20 years.

 

Full Name: xxxxxxxxxxxxxxxxxxxxx

Date of Birth : xxxxxxxxxxxxxxxx

 

Last address ( period xxxxxx to xxxxxxxx)

 

 

Previous address ( period xxxxxx to xxxxxxxxx)

 

 

 

If you require any further information I can be contacted on telephone number xxxxxxxxxxxxxxxxxxxxx.

 

Thank you in anticipation of your urgent assistance. I am looking for Lloyds to confirm that I have not held any debt with them that would have been sold to Lowell Finance in 2008 or for details of any debt that you held in my name.

 

Yours Faithfully

 

 

Nb. Please respond to my current address shown at the top of this letter.

[unclebulgaria67]

You could also enclose any letter you have received from Lowells, which might be helpful to Lloyds to trace your account.

[The Mould]

Going to read your thread, If I can post any information that is positive for you, then I shall.

 

Lokking at other thread cases reported here also that I have posted on which require a further response from me thereon.

 

Be patient my dear fellow, If I can help by way of recognising a legal precedent or by way of spotting a statutory requirement that has not been complied with, I shall post here on the same.

 

Hold out.

 

Kind regards

 

The Mould

[skyler11]

Hia thank you for response x appreciated.

 

I replyed earlyer today but system shut down ,I had a trogan warning , removed and message went.

 

I will not just give up and agree to sale of daughters n my home.

This has had a devastating effect on our lives and is wrong .

 

The despute was between Llowells and debtor (myself) and not for the charges LLp missguided the courts for.

 

All ive asked for was a fair hearing to file my defence.

 

All allegations issued prove otherwise in my defence,

 

Insolvency would not be deprived of anything. I would suffer a great dissposition.

 

I have not berried my head in the sand i addressed the issue as soon as i was aware of it.

 

If i had received notification of proceedings,

I would have been there ,and made the most of an oppertunity to defend.

 

Llp deprived me of my right ,

and took advantage of clerk error ,

knowingly,

failed to inform the courts.

shatterd back when i can l8z xx

[skyler11]

hya Thanks again for responding and showing intrest ,

 

I ve been going out ov my mind with this, shocked really on how dishonest the system is.

 

Yes nieave of me really but didnt think this could happen to me,

especially because , never wanted or really needed anything wouldnt get into debt anyhow .

 

happy go lucky not at all materialistic ,

if somthing broke or stopd working ide try n fix it first as i enjoyd trying.

value my things n looked after them .

only replaced if i had 2.

 

My daughter and myself happy as we were if you know what i meen. payd my way .

 

Its been very traumatic and embarrassing.

Why should we be penalized for all the debts others have had written off by living on the never never and keeping up with the jones's.

 

I probably would accept all and move on if ide had things on credit n had a lavished lifestyle. and enjoyd it.

 

But hey its the principle of the matter. I aint!!

 

I still pay my mortgage , up to date. water rates,,,,,,etc

 

even though was evicted .

 

Still cut my grass ,put a bit ov love back in init ,

 

The key holder or who ever he was made a right mess , damage everywere. left the house insecure.

Its disgusting the way they treat things ,degrading!!

all the hard work and effort upkeeping a home .and is ripped to shreds regardless .

at a great loss allready due to this with all that has been damaged n taken . where i dont know . Wont replace.

 

Not worth anything to these parasites.not at any loss are they just a bit of gain . For them anyhow .easy made.

 

well wont be that easy ime not backing down .sucker yes,, stubborn as a mule .

Regards

skyler xx (",)

[skyler11]

hi sorry to interupt your thread ,

 

ive beenn in a simular situation to this with lowells ,

 

was made bankrupt in my abcence ,for a credit card debt of 3 k

original creditor apparently lloyds tsb.

 

ime also a home owner .

 

the thing is ive never had a credit card,

 

i was appointed a insolvency practitioner .

very soon after .

this debt was desputed from word go ,

but conveniently failed to investigate it.

 

i sent a cca request to llowells and they admitted they have not got one

,so they placed account on hold.

 

insolvency carried on proceedings,

underhandedly through courts failing to inform me of the hearings.

 

they managed to get a charging order on my house ,

they charged me extortionate amounts still unknown how much ,

 

the last i was informed was 42k its way more than this now ,

just for desputing this debt.

 

they managed to evict me and made me insolvent,

even though i am not ,

as i still pay all my bills and have always done.

 

Lloyds tsb have stated that the account number is not linked to me nor any of my accounts with them.

and is not one of theyr account numbers.

but still ive lost everything through this.

 

The last reply ive received off llowells state that they think that the apparent debt is from a current account wich is still running ??

ive allready been made bankrupt for a credit card debt that dont exist.

I am still persuing this fight through the courts and still homeless.

 

ther is not much help out there.

most soliciters you can not trust ,corruption on a big scale .

 

best of luck with your issue keep ahead of them .

 

keep reading CAG as there is alot of good advice on here. best wishes x

[skyler11]

well !! the judge had no problem taking the roof off my daughter and I. for a credit card debt of 3k that does not exist,no credit agreement or any proof of the sayd debt.Ilived at my home for 15 years and mortgage fully up to date and houshold bills.weve been stripped of everything.judge didnt care a hoot,plain ruthless and ignorant.