lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!

[Desperate Daniella]

OMG indeed. Can you give a few more details of what she says in her letter.

[unclebulgaria67]

:!:OMG I have just this instant received an email from the Trustee:shock: and she states she is looking at other ways to deal with my bankruptcy that would not include the sale of my house????????? She starts with without prejudice ??????? I am confused.com??

 

Perhaps she has seen your post about the appeal and is thinking whether she wants to have a prolonged costly process, which might get unwound, if you were successful.

 

Or perhaps the valuation she has had back following a drive-by is not looking very good in terms of covering the increasing costs. I have read that there is a much reduced valuation, where a house is forcibly possessed and it may be the case that she has worked out that selling your house at the present time, might not be a very good option. ( I can't remember whether you have stated what equity would be available, if the house was sold )

[Desperate Daniella]

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 am so very sorry to hear that your wife is so unwell. MS is a wicked disease and very cruel and unpredictable. You are clearly a tower of strength to your wife and children at a time when you too are in bad health.

 

You also give so much here to so many people.

 

I do hope you get a proper diagnosis soon.

 

As you say, let's hope others come on board to help Wendy too. You have done a fastastic job so far.

 

DDxx

[Desperate Daniella]

I was wondering if she had been following the thread because we know Lowell's do watch CAG.

 

And you could be right about the valuation too.

[wendyboats]

OMG indeed. Can you give a few more details of what she says in her letter.

 

She says she is in discussions with creditors to see other ways of getting money by not putting house up for sale...and wants to speak to my ex-husband who owns other half to see what his intentions would be (offer of sum of money) before they go any further?

 

My equity is about £37,000 DD. X

[unclebulgaria67]

She says she is in discussions with creditors to see other ways of getting money by not putting house up for sale...and wants to speak to my ex-husband who owns other half to see what his intentions would be (offer of sum of money) before they go any further?

 

My equity is about £37,000 DD. X

 

You think it is about £37k, but I suspect that it will be less once they have sold it for a much reduced price. There will also be other costs added for taking possession of the house and marketing costs. They will also be causing a loss to your ex-husband, who may have a legal right for compensation. If your ex owns a percentage of the equity, which is reduced in value because of a forced sale at a reduced price, he would lose out.

 

What is your ex-husband and any mortgage company doing about this potential loss they may suffer from, because of the actions of Lowells in regard to disputed unsecured debts ?

[wendyboats]

You think it is about £37k, but I suspect that it will be less once they have sold it for a much reduced price. There will also be other costs added for taking possession of the house and marketing costs. They will also be causing a loss to your ex-husband, who may have a legal right for compensation. If your ex owns a percentage of the equity, which is reduced in value because of a forced sale at a reduced price, he would lose out.

 

What is your ex-husband and any mortgage company doing about this potential loss they may suffer from, because of the actions of Lowells in regard to disputed unsecured debts ?

 

All good points above............ My ex-husband is away at moment, but he will not allow his interests in his half to be compromised and has already instructed a solicitor in this, as he has put a lot more than I into the property in way of improvements and upkeep especially recently for our Grandson who lives here.

[The Mould]

:!:OMG I have just this instant received an email from the Trustee:shock: and she states she is looking at other ways to deal with my bankruptcy that would not include the sale of my house????????? She starts with without prejudice ??????? I am confused.com??

 

Watson

 

Please post up the full contents of her without prejudice email - minus all personal details.

 

The doorway is opening Watson.

 

Kind regards

 

The Mould

[The Mould]

I am so very sorry to hear that your wife is so unwell. MS is a wicked disease and very cruel and unpredictable. You are clearly a tower of strength to your wife and children at a time when you too are in bad health.

 

You also give so much here to so many people.

 

I do hope you get a proper diagnosis soon.

 

As you say, let's hope others come on board to help Wendy too. You have done a fastastic job so far.

 

DDxx

 

Again, I express my gratitude to you DD for your kind words and heartfelt consideration.

 

Thank you very much indeed.

 

Kind regards

 

The Mould

[wendyboats]

Watson

 

Please post up the full contents of her without prejudice email - minus all personal details.

 

The doorway is opening Watson.

 

Kind regards

 

The Mould

 

At top of email it say in capitals YOUR BANKRUPTCY WITHOUT PREDUDICE

 

I am exploring other ways of dealing with the property, which is the only asset of your bankruptcy estate, other than sale and I can confirm that I am in discussions with your creditors.

 

it is vital solicitors speak with ex-husband as joint owner to ascertain his intentions before we go further. They have tried to call him and will continue to do so. Can I ask you to let him know and to please to call them ?

[unclebulgaria67]

At top of email it say in capitals YOUR BANKRUPTCY WITHOUT PREDUDICE

 

I am exploring other ways of dealing with the property, which is the only asset of your bankruptcy estate, other than sale and I can confirm that I am in discussions with your creditors.

 

it is vital solicitors speak with ex-husband as joint owner to ascertain his intentions before we go further. They have tried to call him and will continue to do so. Can I ask you to let him know and to please to call them ?

 

I wonder whethet it is possible for your ex to obtain an injunction preventing the sale of the house, which would allow you more time with your appeal ?

[wendyboats]

I am going to collect Grandson will be back 3.30pm x

[The Mould]

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. The Mould, lets get ready to settle the biggest case that Watson will ever face:-) xx

 

Your were always going to fight this Watson, I simply told you what you needed to hear.

 

This is not my area of law, but injustice is, I am a professional independent specialist Paralegal and recognised as such in the legal profession and I am also a recognised member of the Institute of Paralegals.

 

Many years ago, my family suffered a wrong from a £5 billion pound organisation, we suffered for over 16.5 consecutive calendar months, 7 companies were involved to harass us and place us under tremendous pressure to give them something which I knew they were not entitled to.

 

I began to study law all hours of the day, through the night and into the early hours of the morrows, I learned a great deal from reading the information on forums such as this one, which helped to point me in the right direction as far as law is concerned. I succeeded in defeating all 7 companies without going to Court, no money was paid to me or my family, the matter was settled and my family was released from the unrelenting and protracted assault that we had to endure from these companies, who maintained such an attack on my family un-policed.

 

I became a law student over a 7 year period and worked on many cases, some reported here on Cag and others through family and friends, as a result of my understanding and proven competence in litigation, the Institute of Paralegals allowed me to leap frog the mandatory exams required based on these real cases that went to Court (some went to Court, most others were settled out of Court).

 

The point that I am making is that injustice must be fought against, the battle will be hard and will take over your life and wear you down to breaking point of your good spirit, but you will find that in your weakest hours, you will become your strongest and you shall overcome and defeat the poison and darkness and you will be surprised at how weak and powerless they are.

 

Kind regards

 

The Mould

[unclebulgaria67]

At top of email it say in capitals YOUR BANKRUPTCY WITHOUT PREDUDICE

 

I am exploring other ways of dealing with the property, which is the only asset of your bankruptcy estate, other than sale and I can confirm that I am in discussions with your creditors.

 

it is vital solicitors speak with ex-husband as joint owner to ascertain his intentions before we go further. They have tried to call him and will continue to do so. Can I ask you to let him know and to please to call them ?

 

Doing a bit of research online, the reason they are trying to contact your ex, is to find out whether he is interested in making an offer to them for your equity interest in the house.

[The Mould]

I wonder whethet it is possible for your ex to obtain an injunction preventing the sale of the house, which would allow you more time with your appeal ?

 

Correct, state that your husband will object and oppose and such sale of the property and that he is taking legal advice as to obtaining an injunction against you under CPR Pt 25 in order to prevent the sale of the property, which would prejudice his interests therein.

 

Further, state you are also considering making an application to the Court under CPR Pt 25 r.25.1(f)(I) in order to prevent you (the trustee) from taking any action against the property until my appeal has had a qualified judgement handed down thereon.

 

You will also be seeking an Order that her (the trustee's costs) are subject to a detailed assessment thereon before a high Court costs judge.

 

The above is in addition to your intention to make an application to the Court seeking a freezing Order against her in relation to your property until your appeal has been decided upon against the original default judgment obtained by the creditor against you and that, inter alia, your appeal includes issues under the ECHR Art 6.1, since the original claim made by the creditor was never served on you, therefore, your rights to a fair hearing to Defend and make representations and be given access to a Court in respect of the same were denied.

 

In the light of the foregoing, you would welcome and consider her proposals to resolve this matter, which, if all parties can agree thereon, would prevent any further Court action as detailed above, which you believe, that on the evidence, she would fail to defend.

 

You sincerely hope that a satisfactory resolution that is acceptable to all parties in this matter can be reached, a compromise is possible, but all parties must be willing to make sacrifices in order to bring about a compromise agreement.

 

I look forward to your swift response hereto by return.

 

Yours faithfully (yours sincerely if you know her name)

 

Mrs Wendyboats Watson

 

Kind regards

 

The Mould

[skyler11]

Glad to see movement in the right direction with this injustice it gives insentive to carry on instead of bangin your head against a brick wall.

[Desperate Daniella]

The Mould,

 

That is an amazing letter.

 

DD

[The Mould]

Are you in good relations with your ex-husband Watson?

Are you able to offer trustee a reasonable amount each monthuntil the claimed debt of £35k+ is paid off?

How many hearings have been held based upon the number of applicationsmade by trustee?

You were temporarily living at a different address when theclaim was issued, did the creditorhave knowledge of this? If yes, do youhave any paperwork to prove this?

Check through all paperwork on the credit agreement, isthere a default notice served pursuant to s.87(1) of CCA 1974 (as amended) containedtherein? If yes, please post the full (word for word)contents of such – minus all personal details Watson!

You acknowledge mis-sold ppi on credit agreement, how muchdoes this equate to against the balance claimed as owing thereon by thecreditor?

Kind regards

The Mould

Who is still fighting your corner on this matter that isplainly wrong for all those to see, even those who are not blind know that the judgement against you iswrong. Thank me not Watson, give you’rethanks to the higher and superior being who made this world and all of us,nothing to do with religion Watson. As Isaid before, religion is a man-made thing and do not put your faith in such.

Do not rely upon the church and its books, the Church murdered the heart from God and theyleft him on the wood.

The heart will go on, near,. Far, wherever you are, you aredeep within my heart and the heart will go on and on.

Kind regards

The Mould

The original man

[wendyboats]

Are you in good relations with your ex-husband Watson?

Are you able to offer trustee a reasonable amount each monthuntil the claimed debt of £35k+ is paid off?

How many hearings have been held based upon the number of applicationsmade by trustee?

You were temporarily living at a different address when theclaim was issued, did the creditorhave knowledge of this? If yes, do youhave any paperwork to prove this?

Check through all paperwork on the credit agreement, isthere a default notice served pursuant to s.87(1) of CCA 1974 (as amended) containedtherein? If yes, please post the full (word for word)contents of such – minus all personal details Watson!

You acknowledge mis-sold ppi on credit agreement, how muchdoes this equate to against the balance claimed as owing thereon by thecreditor?

Kind regards

The Mould

Who is still fighting your corner on this matter that isplainly wrong for all those to see, even those who are not blind know that the judgement against you iswrong. Thank me not Watson, give you’rethanks to the higher and superior being who made this world and all of us,nothing to do with religion Watson. As Isaid before, religion is a man-made thing and do not put your faith in such.

Do not rely upon the church and its books, the Church murdered the heart from God and theyleft him on the wood.

The heart will go on, near,. Far, wherever you are, you aredeep within my heart and the heart will go on and on.

Kind regards

The Mould

The original man

 

1. Yes very good

 

2.no

 

3. 1 appeal at magistrates court heard by same magistrate that granted bankruptcy in my absence, solicitor failed to set aside first waited a year for evidence then sent a trainee barrister who did not have a clue what he was doing?

 

4.yes supporting daughter, (which I can prove) I did not know about creditor till after case went to court I never had any prior notice of capital one or phones.

 

5. (all excluding vat) £107.98 PPI,and £20 card protection fee, £132 unauthorised penalty charges, the removal of these unauthorised amount by OFT April 2006 would reduce alleged debt to below threshold , even with PPI removed would take it below the £750!

[wendyboats]

I will check paperwork and seek what you asked re; default please bear with me x

[Desperate Daniella]

wendyboats,

 

I haven't read through the entire thread again, but did you ever post up the so-called agreements they sent you? If not, can you do that.

 

DD

[wendyboats]

wendyboats,

 

I haven't read through the entire thread again, but did you ever post up the so-called agreements they sent you? If not, can you do that.

 

DD

Hi DD

Its mostly on a down load disk from BWG and it will not let me black out names so I will have to write it, I did put it in earlier threads but as you say id have to go through them all !

[The Mould]

I will check paperwork and seek what you asked re; default please bear with me x

 

Godzilla, will wait for this.

 

Do you have any letters of correspondence whereby the creditor was aware that you were no residing at your usual address?

 

Kind regards

 

The Mould

 

Who is drinking a load of rum to help me to help you with this case, because the rum is numbing the pain I suffer from.

 

Let you not be put off by this, and I refer you to the midnight club started by me and "wish me well" three years ago; wish me well succeeded on her case; the midnight club was a means whereby we could unload our suffering through comedy, which relieved us of the creditor's stress, wish me well succeeded on her case and the Halifax were left like slaughtered lambs on the battlefield.

 

Don't give up just yet Watson.

 

Kind regards

 

The Mould

[Desperate Daniella]

Hi DD

Its mostly on a down load disk from BWG and it will not let me black out names so I will have to write it, I did put it in earlier threads but as you say id have to go through them all !

 

Please don't worry for now. I'll have a read through tomorrow. Just a bit pressed for time this evening.

 

DDx

[Desperate Daniella]

Godzilla, will wait for this.

 

Do you have any letters of correspondence whereby the creditor was aware that you were no residing at your usual address?

 

Kind regards

 

The Mould

 

Who is drinking a load of rum to help me to help you with this case, because the rum is numbing the pain I suffer from.

 

Let you not be put off by this, and I refer you to the midnight club started by me and "wish me well" three years ago; wish me well succeeded on her case; the midnight club was a means whereby we could unload our suffering through comedy, which relieved us of the creditor's stress, wish me well succeeded on her case and the Halifax were left like slaughtered lambs on the battlefield.

 

Don't give up just yet Watson.

 

Kind regards

 

The Mould

 

The Midnight Club sounds great fun. Enjoy the rum.