Jump to content


Bankruptcy Petition and BWLegal HELP


Kp1234
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3966 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

No, indeed a "signature box" is not an agreement at all. Those little boxes basically advise that you agree to their searching your credit files and other DPA information.

 

At the time of signing any agreement, there should have been terms and conditions present and these need to be provided to you for your s78 request, along with any current or varied t&cs.

 

If they are saying that monies were paid to the account, then they should provide evidence that it was you who made the payments, when and where and how.

 

I am astonished by the attitude of the court and once this is over, then it might be worth you making a complaint. They are after all, Public Servants !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

No, indeed a "signature box" is not an agreement at all. Those little boxes basically advise that you agree to their searching your credit files and other DPA information.

 

At the time of signing any agreement, there should have been terms and conditions present and these need to be provided to you for your s78 request, along with any current or varied t&cs.

 

If they are saying that monies were paid to the account, then they should provide evidence that it was you who made the payments, when and where and how.

 

I am astonished by the attitude of the court and once this is over, then it might be worth you making a complaint. They are after all, Public Servants !!

 

Thanks for this as both BWLegal, Lowells and Capitol one haven't come up with a copy of the agreement can the judge still make me bankrupt next week ? BWLegal say Lowells will now accept a final payment of £460 to settle and that will be the end of the matter. I suppose i am trying to see what the risk is the judge at the last hearing was not very understanding of my amateur status. Can the judge make me bankrupt even if at the hearing i decide to agree to pay if things don't go well.

Link to post
Share on other sites

KP, only you can decide if you want an end to this. If they are saying that on the payment of £460.00 that will be the end of it, then it is definitely worth considering. Have they put this in writing ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

If you have evidence of the debt being statute barred, why would you want to settle this. I doubt that you would lose, unless they could prove that you made payment, so the debt is not SB'd. You could apply for costs and end up being paid.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

If you have evidence of the debt being statute barred, why would you want to settle this. I doubt that you would lose, unless they could prove that you made payment, so the debt is not SB'd. You could apply for costs and end up being paid.

 

Thanks for the advice everyone they rang me today and asked if i had come to a decision. If they do come up with evidence that i made payment in 2008 the fact they have not provided a copy of the credit agreement is this enough to get the bankruptcy dismissed? They now have my defence.

Link to post
Share on other sites

I would have thought if they had "proof" then they should have already provided you with this in order to resolve this at an early stage.

 

They should not have started the action whilst there was a non compliance with the s78 request. ..

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I would have thought if they had "proof" then they should have already provided you with this in order to resolve this at an early stage.

 

They should not have started the action whilst there was a non compliance with the s78 request. ..

 

Thanks for the reply citizenB the original hearing adjourned for me to provide a more detailed defence as part of this and with the forums advice i sent CCA requests to Lowells and BWLegal and SARs to all including Capitol one. The court date for next Tuesday at 10:30 was already set. The fact is a proper copy of the agreement still has not been provided will the bankruptcy therefore be dismissed or will it just be adjourned again. What should i do with regards to costs?

Link to post
Share on other sites

I will flag your thread for 42man and andyorch, they will be able to offer advice on your queries.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I will flag your thread for 42man and andyorch, they will be able to offer advice on your queries.

 

Thanks citizenB appreciate that i must admit i can't believe how stressful this is lol. This practice must be stopped i can imagine some people could be driven to the brink and no one deserves that. These companies are worse than criminal .

Link to post
Share on other sites

Hi I telephoned Capitol 1 and recorded the telephone conversation today. I was told that both accounts were sold to Lowells my last payment to Capitol one on each account was £152.37 on the 5th July 2005 which then defaulted on the 9th December 2005 and the other account £51.12 on the 5th July 2005 which also defaulted on the 9th December. I have not heard any thing back from BWLegal, Lowells or Capitol one regards the SARS or CCA yet.

 

Clearly this is statute barred. Had they issued a proper claim rather than attempting to use the insolvency court you would have entered the following simple defence.

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim incontract and is statute barred pursuant to the provisions of section 5 of theLimitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause ofaction for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, orrelief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

 

As it stands, they have decided to abuse the insolvency court regime and issued a statutory demand.

 

 

Hi I telephoned Capitol 1 and recorded the telephone conversation today. I was told that both accounts were sold to Lowells my last payment to Capitol one on each account was £152.37 on the 5th July 2005 which then defaulted on the 9th December 2005 and the other account £51.12 on the 5th July 2005 which also defaulted on the 9th December.

 

 

You have confirmed that the last payments made were as above. You have a recording of this call.

 

So the other query is.. costs.

 

I am not quite sure how you would present a cost sheet. But you should be looking to reclaim

 

Time spent researching statute barred and insolvency.

 

Time spent reading, understanding and responding to the stat demand.

 

Did you take the application to set aside, to the court personally ? If so

 

Time travelling to and from the court

 

Costs involved in printing the application to set aside

 

You would also need to include time for the actual hearing date. So travelling to and from the court. Does the order say how much time has been allocated ? I think it is usually between 30 minutes to an hour. So you need to include that as well.

 

LiP costs are £18.00 per an hour

 

I think HMRC allow £0.46p per mile if you use your own vehicle.

 

If there are any parking fees then you should charge for those as well.

 

Public transport costs if you are not using your own vehicle.

 

If you have had to send anything via post - you need to claim for postage, printing, travelling to and from the Post office.

 

You would normally need to provide your cost sheet at least 24 hours prior to the hearing. Although I think you can also hand them in on the day.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

 

I cant really add anymore than 42man as already stated CB ...its clearly statute barred.......I assume he used 42man's application to dismiss the bankruptcy petition?

 

If it goes against him then he could apply for an annulment order (Lets hope it doesn't get to that)

 

 

This is a procedure which cancels your bankruptcy order. An order of annulment can only be made by the court.

 

 

When can I apply for an annulment?

 

 

You can apply for an annulment at any time if:

 

the bankruptcy order should not have been made, for example because the proper steps involved in obtaining the order were not followed; or

 

 

all your bankruptcy debts and the fees and expenses of the bankruptcy proceedings have been either paid in full or guaranteed to the satisfaction of the court; or

 

 

you have reached an agreement called an “individual voluntary arrangement” with your creditors to repay all or part of your debts.

 

 

How do I apply for an annulment?

 

 

If the bankruptcy order should not have been made (application under section 282(1)(a) of the Insolvency Act 1986):get an application form from the court dealing with your bankruptcy;

 

make an affidavit (a written statement of the relevant facts which is sworn on oath or affirmed, usually before a solicitor) or a witness statement verified by a statement of truth saying why the bankruptcy order should not have been made;

 

send or take the completed form and affidavit or a witness statement verified by a statement of truth to the court.

 

The court will then set a date to hear your application, and you should attend the hearing....before the hearing: you must notify the Official Receiver, the person who petitioned for your bankruptcy and the trustee (if an insolvency practitioner has been appointed as trustee in place of the Official Receiver) of the date, time and place of the hearing.

 

You should do this in sufficient time for them to attend the hearing. At the same time, you should send each of them copies of your application and affidavit or a witness statement verified by a statement of truth;

 

soon after the hearing: the fees and expenses of bankruptcy will have to be paid. The court will decide who should pay them when it considers your application.

 

 

If all the bankruptcy debts and fees and expenses have been paid (or security has been given) (application under section 282(1)(b) of the Insolvency Act 1986):get an application form from the court dealing with your bankruptcy;

 

 

Make an affidavit or a witness statement verified by a statement of truth setting out details of your assets and debts at the date of the bankruptcy order and details of your payments made or secured;

 

 

send or take the form and affidavit or a witness statement verified by a statement of truth to the court. The court will then set a date to hear your application, which you should attend;

 

you must notify the Official Receiver and the trustee of the date, time and place of the hearing. You should do this at least 28 days before the hearing. You should also send copies of your application and affidavit or a witness statement verified by a statement of truth to the Official Receiver and the trustee;the Official Receiver or the trustee will send a report to the court to confirm that your debts have been paid or adequate security has been given to creditors. The report will also comment on your conduct in the bankruptcy.

 

 

If your creditors have agreed to an individual voluntary arrangement (application under section 261 of the Insolvency Act 1986):

 

 

the insolvency practitioner nominated by you to deal with your case will call a meeting or your creditors;

 

 

if your creditors agree to your offer to pay them, you can apply to the court for an annulment. This application can be made 28 days after the chairman of the meeting of creditors has reported the results of the meeting to the court

 

 

application to annul the bankruptcy order may be made by the supervisor of your voluntary arrangement, or you may make that application yourself. The application should be made using the same procedure as applications where the bankruptcy order should not have been made, except that the affidavit or a witness statement verified by a statement of truth accompanying the application should state that an voluntary arrangement has been approved by your creditors as the grounds on which the application is being made.

 

 

If I apply for an annulment, do I have to keep my appointment to see the Official Receiver?

 

Yes. You should go to the Official Receiver’s office and provide any information you are asked for. The court might not annul the bankruptcy order until the Official Receiver confirms that you have done so.

 

Just in case.. !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Just in case.. !

 

Thanks guys just a couple more questions Lowells are now saying i made payments to Lowells in 2008 and the debt is not statute barred . They have provided no evidence and i have no recollection of this. What do they have to provide court to prove this.?

 

No proper agreement has been provided is this enough to get the bankruptcy dismissed ?

 

Thanks for your help anyone available to hold my hand on Tuesday ? Lol

Link to post
Share on other sites

If they are claiming that you made payments.. they will need to provide the following.

 

If by bank credit - the bank/branch/ copy of the receipt and the value of the payment.

 

If by cheque - copy of cancelled cheque - date, amount, branch drawn on etc.

 

If by postal order, value, date.

 

If by telephone - date, amount by what method.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

One thing that’s missing here is an SAR to BW Legal. They should be recording their calls, and you should be demanding a copy of their records for when they took the large payment and agreed to £60pm. Their own records might stuff them.

 

Bet they haven’t got a recording...

 

Can I step back a bit? May have missed this, but...

 

The default and (presumably) the amounts sold to Lowell were for £886.92 and £2384.24. May be worth calling Cap 1 again to confirm these were the amounts sold. Have you a copy of the alleged Notice of Assignment showing the amounts?

 

Now, what was the sum demanded by Lowell on the original statutory demand? Is it different from the total of the above, ie. £3271.16?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...