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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!


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Yes Watson

You can undertake both of these applications yourself,firstly an application seeking a freezing injunction against the trustee inrelation to and disposition of your property – CPR Pt 25 and, secondly, anapplication to the Court of Appeal seeking a variation of time to appeal thejudgement – under CPR Pt 52 r.52.6(1).

However, both of these applications involve substantivelegal admin and serious research on your part as regards understanding the lawon both (please do not be offended by this comment Watson). I am not very well at present time, if I wasin full health, I would spend entire weekend drafting everything you need tofile to Court on this matter, sadly, I cannot commit to such a task due to myhealth issues.

I don’t know what to say to you Watson, I don’t want to failyou, this system we live in is cruel and harsh and unjust to good people suchas yourself, I have been a victim of it and it almost destroyed me. The feeling of uselessness towards thesituation you face is devastating for me Watson.

If you cannot instruct sols to act for you as a matter ofurgency, then let the trustee take what she wants, her victory will be shortlived, whereas, you are destined for a better place where no one will be sickand you will walk among the fields of gold with all your family and friends andno person living in this new place will ever suffer from any pain or sadness,you will be eternally happy.

If I had the money this jackal’s daughter wants from you,then I would not hesitate to pay the beast.

I sincerely hope that you will take some comfort from thisposting, you will see me in the new place and you will know me there, for I tellyou, you have always known me.

Kind regards

The Mould

 

Sorry you are unwell my friend, so, so sorry and i do not want to put on you on this matter, and so Watson is going to sign out and come back later and continue to pursue a new solicitor who has got true grit in his soul and not just in it for financial gain, take care of you dear friend, Watson needs to know you're still watching from afar x

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Evening all, update..........

 

I have sent emails to 4 top legals and one highly recommended barrister, and will wait till tuesday for any replies, then if no one comes to my aid i shall use plan B and C ! I have been thinking about what the legals have already told me as in the law and the consumer acts etc , and

i will use all this to to fight my case from a different angle.

 

I will not be able to talk about plan B and C too much on here as it would be foolish to think the enemy do not watch these forums so will need to keep updates to as and when i would feel able to do so.

 

But i really hope that someone in the 15,000+ views i've had in just over a month is a legal who knows their stuff, and are truly committed to justice, and that not all are about money they can make on cases they know are a 100% winners ! Because if that is the case what hope has any one of us got?

 

I am still baffled by the fact that the legals that were so excited to take on my case had such a turn around with little or no explanation to me? Except for the mention of money, Yet when they told me how this case, and its paperwork, (i had sent them) was so unlawful it brought them to tears? And went on to highlight my case on twitter and their own forum as a case they were proud to be representing ?

 

I guess at the end of the day im looking for what is now so sadly rare these days, a committed and honest legal who can be good enough to stand firm and help to change laws that allow corruption, and corrupted companies and people to gain so much from people with so little!

 

I hope they're out there somewhere :pray2: If not then i guess its up to me:typing: But i will try to and even if i fail, at least i tried, which is more than can be said for many legals out their ! Wish me luck guys wendyboats aka Watson needs it :sick:

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Bad news........................Yesterday after waiting all week a letter arrived from legal team informing me due to trustee giving me only 14 days before applying to sell has left them no time to appeal..........I AM LEFT NOW WITH NO WHERE TO TURN AND HAVE WASTED A MONTH!

 

Also my computer cashed and irreparably so had to borrow money to get new one, that's why i have only just been able to update.

 

Any ideas greatly received :shock:wendyboats

 

 

 

Hi sorry to hear this.

 

Can you be more specific about what your solicitor said please?

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Hi sorry to hear this.

 

Can you be more specific about what your solicitor said please?

 

Hi yes, after a month of positive feedback of success and as i state in above, these legals decided there was little no chance of me getting bankruptcy annulled at this late stage ? So its cost me a month of valuable time, and in turning down two other legal companies willing to act for me, and with little explanation except to mention no win no fee, too much of a risk ??

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wendyboats,

 

I am so shocked by your solicitors' conduct.

 

Follow The Mould's advice. They should at least make that application for you.

 

There are good solicitors and barristers out there and you just have to find the right one. Good luck in your search.

 

DDxx

 

Hi DD, yes so am i , So if i send her an email with this request she should do this for me then? I have emailed some legals and am hoping for a reply soon.

 

Thanks for your input DD XX ...as i said at start of this thread "YOU COULD NOT MAKE THIS UP" Wendyboats xxx

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Hi DD, yes so am i , So if i send her an email with this request she should do this for me then? I have emailed some legals and am hoping for a reply soon.

 

Thanks for your input DD XX ...as i said at start of this thread "YOU COULD NOT MAKE THIS UP" Wendyboats xxx

 

 

 

It's not that simple.

 

What paperwork, if anything, did you sign with this firm of solicitors?

 

Were they actually instructed to act for you or were they just reviewing your file of papers??

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It's not that simple.

 

What paperwork, if anything, did you sign with this firm of solicitors?

 

Were they actually instructed to act for you or were they just reviewing your file of papers??

 

They reviewed paperwork and then phoned me to say they were happy to go pro-bono and sent me a letter to sign on the 3rd which i sent back recorded delivery l sent it on the 5th and then heard from her regarding a barrister she uses and his name and that she would phone me on monday the 7th, i didn't get call and emailed her on the wednesday and thursday with no reply and on friday i received her letter with all my paperwork recorded delivery at 2.30pm and i phoned her to ask for explanation but she was in a meeting and would phone me back ....i'm still waiting !

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Did you keep a copy of this letter you signed? What exactly did it say?

 

I kept the pages of the details of the work she would do under the CFA and sent last page that was my agreement to terms and signed i did not copy !

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Just got email back from the legal, she says that after reviewing my papers over the past month with a senior partner they felt that the prospects of me winning were too low for them to continue with taking undue risks to them or too me ??? i am total blown away by turn around.......Perhaps i should just give up as no one seems honest and true in the legal world.

 

I'm angry she wasted valuable time, and also me turning down offers of help 6 weeks ago to get it in court and assess trustees fees at least ! Wendyboats xx

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Well a very quiet day in respect of hearing from the legals i emailed yesterday, i will once again update my MP tomorrow and i think its time to make complaints regarding this case and the people involved in it i think its best i go to the top of the tree with this, i know now i will loose this case due to greed and the powers lowell portfolio have in the DC world they have so many on the payroll from servers to legals and lots of help from the county court judges that do not know consumer law or even it seems care if the debts are proven lawfully ...............What hope do we have of being given our rights to a fair trial when no one can afford a honest solicitor or barrister?

 

I have never felt such a feeling of total hopelessness, as i feel right now, and the prospects of finding a good, and decent legal who will fight my corner :Cry:

 

Wendyboats will fight on to the bitter end to expose this [problem] even if it kills me !:rip:

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To be fair it's a very risky case with only a slim chance of success but you should still speak to another law firm.

 

I think doing the appeal yourself is risky and may end up costing you many thousands.

 

I will not be doing an appeal myself Ganymede, i have not got the strength left to believe at this stage the truth will out, i agree with you on that, but from all i've been told by many is this case it should never have gone in the bankruptcy arena, i do not owe a penny , they owe me my PPI and high interest fees yet this fact does not matter, its my tuff luck i guess !

 

But i will continue to bring this case to the attention of the governing bodies, and MP,s and anyone else i can, be it by the media, or the radio station money box, and so on, because this is not right, and its not fair, and in 2013 its unbelievable that with what's being written on all these forums about lowell portfolio one, is not already being monitored and investigated ?

 

Wendyboats thanks you all for input xx

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Watson,

 

Just trying this out to see if works:

 

Applicationnotice

For help in completing this form please read the notes forguidance form N244Notes.

Name of court HIGH COURTS OF JUSTICE

CHANCERY DIVISION

Claim no.

(state claim No,)_

Warrant no.

(if applicable)

N/A

Claimant's name (including ref.)

(state name of trustee and sols ref)

Defendant's name (including ref.)

(state your full name)

Date

(self explanatory)

1.

What is your name or, if you are a solicitor, the name of your firm?

(state your full name here)

2.

Are you a

Claimant

Defendant

Solicitor

Other (please specify)

If you are a solicitor whom do you represent?

N/A

3.

What order are you asking the court to make and why?

The applicant respectfully seeks an Order under CPR Pt 25 r.25.1(1)© for a freezing order in respect of (state full address of your property) against the Claimant as regards all and any action granted to the Claimant thereon under the judgment made on (state date of judgment).

Because;

2. The applicant has lodged an appeal with the Court of Appeal in respect of the above to annul the bankruptcy Order made on (state date) under section 282(1) of the Insolvency Act 1986 and as such said appeal has not been decided as of the date hereof

4.

Have you attached a draft of the order you are applying for?

Yes

No

5.

How do you want to have this application dealt with?

at a hearing

without a hearing

at a telephone hearing

6.

How long do you think the hearing will last?

N/A

Hours

N/A

Minutes

Is this time estimate agreed by all parties?

Yes

No

7.

Give details of any fixed trial date or period

Appeal date not yet set

8.

What level of Judge does your hearing need?

Chancery Judge

9.

Who should be served with this application?

The Claimant’s sols

10.

What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below (tick this box)

If necessary, please continue on a separate sheet.

1. The applicant has lodged an appeal with the Court of Appeal, the grounds upon which the appeal is made is set out in the Appellant’s notice. The same is served attached hereto which the applicant respectfully invites this Court to read before it hands down its decision hereon.

2. The applicant believes that on the evidence she will succeed with annulment of the bankruptcy Order made on the (state date).

3. This Court should note, that in the event of the applicant succeeding with her appeal, any sale of her property cannot be reversed, therefore, this Court is respectfully requested to grant the Order sought herein.

4. The applicant, therefore, requests this freezing Order on her property against (state trustee’s full name) until the matter has been decided upon by way of qualified judgment handed down by the Court of Appeal;

5.

Statement of Truth

(I believe) (The applicant believes) that the facts stated in this section (and any continuation sheets) are true.

Signed

(sign your name here)

Dated

(put date here)______________

Applicant(’s Solicitor)('s litigation friend)

Full name

(Print your full name here in Capital letters)________________________________________

Name of applicant’s solicitor’s firm

N/A______________________________________________

Position or office held

N/A_________________________________________________________

(if signing on behalf of firm or company)

11.

Signature and address details

Signed

(sign your name here)____________

Dated

(put date here)_____________

Applicant(’s Solicitor)('s litigation friend)

Position or office held

N/A________________________________________________________

(if signing on behalf of firm or company)

Applicant’s address to which documents about this application should be sent

Your full address & Postcode here, postcode is to go into the boxes below) you will need to go to file, allow edit, to edit this form!)

If applicable

Phone no.

(put your tel. no. here

Fax no.

(same as above)

DX no.

N/A

Ref no.

N/A

E-mail address

(put your full email; address here)

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The above would need to be placed in an N422 Application notice to a Chancery Judge of High Court and copied to Claimant's (the trustee's sols), keep one copy for yourself.

 

The next part is the really hard part - applying for variation of time to Court of Appeal, being granted an extension of time therefrom and then filling out your Appellant's notice to contain the error of law and the evidence that you rely upon in support of the same.

 

A great deal of legal admin Watson and remember, I am not running on all engines at present time, so if you undertake this appeal (which I believe yopu can as an untrained litigant acting in person) then you must remember my own ill health and that a crucial moment in this matter I might not be well enough to even hold your hand.

 

What do you want to do Dr Watson?

 

Kind regards

 

The Mould

 

PS. The above N244 is only in draft at present and can be changed/amended before filing, if you are going to go for an all out bloody legal battle that is.

 

Godzilla

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Watson

 

I know that you are unwell, my wife suffers from multiple sclerosis secondary progressive, we are a young family, I really do know your suffering from this cursed disease. I am not religious and I loath all religion on this earth, If you arte willing to give all your strength to fight this, then, although my wife suffers and needs me all day every day and my children need me all day everyday, superdudes I call them, they are only young Watson, then we can put our head together and hopefully other fellow members of CAG will come on board our carriage and give all the help that they arte able to;

 

After all, this is the CONSUMER ACTION GROUOP, A GROUP THAT TAKES ACTION FOR THE CONSUMER (I am not shouting dear fellow members), are we going to join together to help wendyboats/Watson or are we all just going to say "let the evil win"?

 

I know that I am not the only member of a group that takes action for its loyal members, true that there will be many who do not understand this area of law, I am one of them, but like all peoples we all have the ability to learn and to use that knowledge to help our fellow neighbours who foind themselves struggling in their darkest hours.

 

I, therefore, call upon the Consumer Action Group to help this dear lady, you have all read this case, you all know that the proposed outcome is wrong in law, help me then, to help this dear lady. I know that there are many of you who are capable of dealing with this case, I understand that you have your family and commitments to meet, but the man made clock of hours affords you sometime to yourselves, are you willing to give that up in order to help this dear lady?

 

Kind regards from the middle of my heart and Godzilla to you all.

 

The Mould

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Watson

 

I know that you are unwell, my wife suffers from multiple sclerosis secondary progressive, we are a young family, I really do know your suffering from this cursed disease. I am not religious and I loath all religion on this earth, If you arte willing to give all your strength to fight this, then, although my wife suffers and needs me all day every day and my children need me all day everyday, superdudes I call them, they are only young Watson, then we can put our head together and hopefully other fellow members of CAG will come on board our carriage and give all the help that they arte able to;

 

After all, this is the CONSUMER ACTION GROUOP, A GROUP THAT TAKES ACTION FOR THE CONSUMER (I am not shouting dear fellow members), are we going to join together to help wendyboats/Watson or are we all just going to say "let the evil win"?

 

I know that I am not the only member of a group that takes action for its loyal members, true that there will be many who do not understand this area of law, I am one of them, but like all peoples we all have the ability to learn and to use that knowledge to help our fellow neighbours who foind themselves struggling in their darkest hours.

 

I, therefore, call upon the Consumer Action Group to help this dear lady, you have all read this case, you all know that the proposed outcome is wrong in law, help me then, to help this dear lady. I know that there are many of you who are capable of dealing with this case, I understand that you have your family and commitments to meet, but the man made clock of hours affords you sometime to yourselves, are you willing to give that up in order to help this dear lady?

 

Kind regards from the middle of my heart and Godzilla to you all.

 

The Mould

I have just signed in the Mould, and have not yet taken in all of the above please give me a moment to read all, and Watson will get back to you x

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Unfortunately I'm not legally trained so can't advise.

What I do know is that what has happened is wrong, plain and simple.

Could we all (thousands of us) complain to our MP or Wendy's one, if they get fed up of complaints they might get involved.

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I have decided:decision:............. to do the appeal as my kind friend the Mould has advised me, I want to tell him "Thank you" from my heart, and I have spoken to my 5 children and they are supportive of my decision, and because I want the truth to come out about my case I will find the strength of my convictions to do battle with these lowlifes.

 

All support and input as always kindly received.:thumb: The Mould, lets get ready to settle the biggest case that Watson will ever face:-) xx

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Unfortunately I'm not legally trained so can't advise.

What I do know is that what has happened is wrong, plain and simple.

Could we all (thousands of us) complain to our MP or Wendy's one, if they get fed up of complaints they might get involved.

 

Thank you Wooks, I have spoken to him 3 times (MP) and he just says its all very wrong but he can not help as he has no legal training?? I don't think he quite gets it ! lol xx

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Hi all, I have been in touch with the people on link Mould gave re; form N244 notes, and I am getting a call back in the hour from someone more able to advise me.

 

I have been to my support group this morning and talked about what I intend to do and the feed back I received was brilliant in that I feel its the right thing I must do as I have nothing else to loose!

 

I am of course scared I will mess it up some how, but if I keep receiving all the support I have been getting from you all I feel I can, and so I must try !

 

I will keep you all posted, and I will be logged in till 2.30pm if anyone wants to add input.

 

Kind Regards to all Wendyboats aka Watson x:-)

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