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

[Desperate Daniella]

Good morning, The Mould.

 

I am so very happy to see you here as I know you and your wife are unwell.

 

Wendyboats Watson will be very happy that you are back too. I hope she gets some good news soon.

 

My situation pales into insignificance compared to wendyboats' but thank you for your kind words.

 

Love,

 

DDxx

[The Mould]

Good morning, The Mould.

 

I am so very happy to see you here as I know you and your wife are unwell.

 

Wendyboats Watson will be very happy that you are back too. I hope she gets some good news soon.

 

My situation pales into insignificance compared to wendyboats' but thank you for your kind words.

 

Love,

 

DDxx

Dear DD

Thank you very much indeed for your recent post. I wish you and your family the most gigantic of Godzilla’s happy New Years, good health and good fortune.

I believe that Wendyboats Watson will receive some good news soon and, Watson, old boy (I know you are a woman) hold on in there, because the road that leads to a mighty battle to undo the injustice caused to you and your family, is a long, winding road, full of upset and turmoil, which is designed to wear you down and break you and cause you to give up - never give up.

I know that this may not be of any comfort to you Watson, but I would like you to know that I and my seriously ill wife are fighting for our very lives and the future of our dear sons, this battle has been going on for 3 years now. It will be a case of death to me first before I ever give in to the evil that has enveloped our beautiful world.

I want you to know Watson, that I am desperately trying to be a rock for you, and I would gladly be your rock, I am someone, though you not know me, whom you can lean on, I am dying inside of me, the weight of the injustice in this world is killing me, but I will not give out nor give in until you and DD and my family and all of our fellow sufferers are free from this evil pain that we are inflicted with.

When the time comes, you, your family, DD and her family and many, many others, will know me and walk with my family in the fields of gold.

I am not a prophet, I do not know the future, but I tell you, I have spoken the truth to you.

Godzilla for all time to come.

Kind regards

The Mould

[bobcatman]

Subbing

[Desperate Daniella]

Hi The Mould,

 

Thank you for your good wishes. I wish the very best possible for you and your family in 2014. I know things are very difficult for you and your family.

 

Have you had a firm diagnosis yet? I know you may not wish to say what this is on the open forum, but I remember last year that you were still having tests.

 

Despite everything you and your family are going through you continue to give so much hope and support to wendyboats, to me, and to many others on CAG. I know we are all rooting for you too.

 

Hugs,

 

DD

[wendyboats]

Well my dear Watson

 

 

I apologise for my late response to you.

 

 

As you and many others know, I am not religious, however, I do believe in God a higher being.

 

 

I am so very pleased to see that DD has continued with her unrelenting death defying help and support to you, even though she has suffered much wrong.

 

 

The time is fast approaching now when you appeal will be dealt with in a fair and proper manner and so keep holding on Watson, keep your hope alive, I personally believe that the plug will be pulled on the ocean of injustice that you and your family have been drowning in and you will all then walk along the safe sandy shores of heaven.

 

 

Godzilla to you, to DD and to all fellow members of CAG.

 

 

Kind regards

 

 

Your eternal friend

 

 

The Mould

 

 

Thank you Mouldy for these kind words xxxxxxxxx Your Watson xxxxxxx

[wendyboats]

Dear DD

Thank you very much indeed for your recent post. I wish you and your family the most gigantic of Godzilla’s happy New Years, good health and good fortune.

I believe that Wendyboats Watson will receive some good news soon and, Watson, old boy (I know you are a woman) hold on in there, because the road that leads to a mighty battle to undo the injustice caused to you and your family, is a long, winding road, full of upset and turmoil, which is designed to wear you down and break you and cause you to give up - never give up.

I know that this may not be of any comfort to you Watson, but I would like you to know that I and my seriously ill wife are fighting for our very lives and the future of our dear sons, this battle has been going on for 3 years now. It will be a case of death to me first before I ever give in to the evil that has enveloped our beautiful world.

I want you to know Watson, that I am desperately trying to be a rock for you, and I would gladly be your rock, I am someone, though you not know me, whom you can lean on, I am dying inside of me, the weight of the injustice in this world is killing me, but I will not give out nor give in until you and DD and my family and all of our fellow sufferers are free from this evil pain that we are inflicted with.

When the time comes, you, your family, DD and her family and many, many others, will know me and walk with my family in the fields of gold.

I am not a prophet, I do not know the future, but I tell you, I have spoken the truth to you.

Godzilla for all time to come.

Kind regards

The Mould

 

 

Dearest Mouldy

 

 

So sorry to hear you and your wife are unwell and are going through struggles of your own, After all the help and advise you have given me over the past months I feel really bad I burdened you with so much !

 

 

I have mist our chats Mouldy, but please look after yourself and family and my prays are with you all. DD and other fellow CAGGERS have been helpful as always, and Mouldy I have gone so far with your help and guidance , Tomorrow the Appeals court in London will have received back all the paperwork and payment. I will keep all posted.

 

 

Only thing I am now struggling with is price to get transcript of appeal , it costs a lot and price varies, the cheapest on the list so far that I have is around £185.00, for a hours' hearing time , and money is tight as always, so i will email last 8 tomorrow as I was given 20 to use of panel.

 

 

Watson is still on the case xxxxxxxxxxxxxxxxxxxwb

[henry555]

Dear Wendyboats

 

Henry here, just read your thread, you are an amazing woman and a total inspiration.

 

I have contacts with a company whom produce factual based TV programmes on BBC1, BBC2, CHANNEL 4 and SKY ONE . I could pass this link onto them today to see if they are interested,

I think its an amazing story which would certainly help your cause.

 

I do not know the legalities of doing this and in a way I am just thinking out loud and thinking of the best way to try and help.

If you are 100% certain this is something which would benefit you then let me know.

 

Kindest Regards

Henry

xx

[wendyboats]

Dear Wendyboats

 

Henry here, just read your thread, you are an amazing woman and a total inspiration.

 

I have contacts with a company whom produce factual based TV programmes on BBC1, BBC2, CHANNEL 4 and SKY ONE . I could pass this link onto them today to see if they are interested,

I think its an amazing story which would certainly help your cause.

 

I do not know the legalities of doing this and in a way I am just thinking out loud and thinking of the best way to try and help.

If you are 100% certain this is something which would benefit you then let me know.

 

Kindest Regards

Henry

xx

 

 

 

 

Afternoon Henry

 

 

Thank you for your kind words above, and taking a interest in my story when you have your own legal battle ahead.

 

 

I have considered the media as well and still might, and if I have to do so I will be happy for you to pass on my story with a view to help me expose this case for what it is ! But like you I do not know at this point if I would be breaking any laws legally ?

 

 

But I would tell my story if justice dose not prevail at appeal to higher court, I am waiting to hear any day from the appeal courts in London.

 

 

I do hope you have had some response or guidance to your situation as regards to your next step ?

 

 

The forum is very quiet at moment in regards to our friend the Mould, although I have not looked at it today so I could be wrong, The site team, especially on our forum have so many new threads and Andy and some others are working so hard to address each one.

 

 

As I said to you before I am sure you can appeal to higher court as I am, even though I was advised not to bother, because District Judges seem to be getting things so wrong in this area of law.

 

 

Hope things change on that score very soon so injustice on this scale is stopped !

 

 

Kindest Regards Henry Wendy aka Watson still on the case xxxxxxx

[unclebulgaria67]

Wendy

 

There is no reason why you cannot get the media involved now, if you wanted to. The media companies lawyers will ensure that only the information that can be made public is released. For example they would probably not release your information or that it involves Lowells/BW Legal. It may well be anonymised, with only general info released. But they may follow your appeal case and you never know they may even put you in touch with lawyers who might help guide you (but not finance).

 

This is purely a civil matter, with no jury to be prejudiced. However, I doubt any Judge will like having your full case details being put in the public domain.

 

Worth liasing with the CAG site team and Henry555, if you wanted to look into this. I would suggest that you don't approach any person who posts to CAG directly (no disrepect to Henry) and to see if the CAG team are willing to act as go between, just to make sure it is kosher. CAG may have their own contacts with media companies.

[wendyboats]

Wendy

 

There is no reason why you cannot get the media involved now, if you wanted to. The media companies lawyers will ensure that only the information that can be made public is released. For example they would probably not release your information or that it involves Lowells/BW Legal. It may well be anonymised, with only general info released. But they may follow your appeal case and you never know they may even put you in touch with lawyers who might help guide you (but not finance).

 

This is purely a civil matter, with no jury to be prejudiced. However, I doubt any Judge will like having your full case details being put in the public domain.

 

Worth liasing with the CAG site team and Henry555, if you wanted to look into this. I would suggest that you don't approach any person who posts to CAG directly (no disrepect to Henry) and to see if the CAG team are willing to act as go between, just to make sure it is kosher. CAG may have their own contacts with media companies.

 

 

Thank you UncleBulgaria,

 

Yes I agree with you re: above, and take on board your advice, and at this stage I do not want to go down this route as I believe I have a case that a higher court judge would look at in its entirety and see this to be what it is !!

 

 

But Henry was advising this avenue in my best interest and I thank him for that xxx

 

 

But as always I am grateful for any input offered in my case and welcome all advice. WB aka Watson on the case! xxxxxxxxxx

[Desperate Daniella]

Good morning, wendyboats,

 

I see you were burning the midnight oil and I hope you are getting enough sleep as I know you have to be up early for the school run.

 

I think it is a great idea - but only when it's over and you have won your case. They have behaved disgracefully throughout and it would be good to expose how they have treated you especially bearing in mind that the only way they could get you over the £750 bankruptcy threshold was to lump three debts into one claim. I'm sure DCAs do this all the time and I expect they get away with it more often than not as a lot of people will not know that they shouldn't be doing this. That knowledge alone would help a number of people I'm sure.

 

The fact that they can go from a dodgy claim to charging so much in costs that you could lose your house is absolutely chilling.

 

Anyway, who knows? You could become a celebrity after the programme and you'd have producers rushing to sign you up for "I'm a Celebrity...", "Strictly", "Come Dine With Me" or even "Splash!" if you look good in a swimsuit.

 

DDxxxxx

[unclebulgaria67]

I hope that complacency does not set in, that the case made is good and the outcome will be positive. I don't mean this in any negative way, but all the various case points made in the appeal should be thoroughly researched, as much as can be, so points of law are clear and the trustees/Lowells can't win. I fully expect that the trustees and Lowells will try to block the appeal or defend their actions to date, as being within the rules.

 

Adding the debts together so it was over the £750 threshold has been mentioned on this thread many times by different people. I have not seen so far any case law and/or rules being quoted, which clearly show that a creditor cannot do this. I think this should be thoroughly researched.

 

Wendy, hope you don't mind me saying this, but I want you to win and if there is a temporary quiet period while the appeal is being looked at, I think it would be wise to do some homework, as best as you can, with any help here.

[AndyOrch]

" Adding the debts together so it was over the £750 threshold has been mentioned on this thread many times by different people. I have not seen so far any case law and/or rules being quoted, which clearly show that a creditor cannot do this. I think this should be thoroughly researched."

 

Quite correct there isn't any UB...the problem for the creditor/DCA is substantiating them when challenged...becomes very complicated and parts of the claim may be discontinued.

 

Regards

 

Andy

[Desperate Daniella]

I don't think wendyboats or anyone is being complacent, but I think we should try to be optimistic.

[Desperate Daniella]

" Adding the debts together so it was over the £750 threshold has been mentioned on this thread many times by different people. I have not seen so far any case law and/or rules being quoted, which clearly show that a creditor cannot do this. I think this should be thoroughly researched."

 

Quite correct there isn't any UB...the problem for the creditor/DCA is substantiating them when challenged...becomes very complicated and parts of the claim may be discontinued.

 

Regards

 

Andy

 

Bearing mind we have a combination of Lowell and a Capital One account it's highly likely they would not have been able to substantiate it.

[unclebulgaria67]

" Adding the debts together so it was over the £750 threshold has been mentioned on this thread many times by different people. I have not seen so far any case law and/or rules being quoted, which clearly show that a creditor cannot do this. I think this should be thoroughly researched."

 

Quite correct there isn't any UB...the problem for the creditor/DCA is substantiating them when challenged...becomes very complicated and parts of the claim may be discontinued.

 

Regards

 

Andy

 

It is quite obvious that the bankruptcy is wrong, based on the details of the case. Had Wendy been aware of the statutory declaration and bankruptcy petition, she could have taken the appropriate action. But given that the bankruptcy happened, those people with a vested interest are going to really dig their heels in to stop any appeal.

 

Given that there is no law/rules re joining the debts together ( if you are correct and I believe you), it is just a case of trying to establish significant issues with the debts that have been included and also to establish any errors of procedure with the bankruptcy ?

 

What happens with the appeal, if the Judge is happy that there are significant issues that need to be looked at ? e.g the amount of debt is wrong, but still over the threshold. Would there be a hearing to look at the issues or would the Judgequash the bankruptcy, so Lowells were then back to the petition stage.

[AndyOrch]

You will have to remind me UB was the Bankruptcy based on a SD or CCJ?

[unclebulgaria67]

I don't think wendyboats or anyone is being complacent, but I think we should try to be optimistic.

 

I was actually trying to be positive. It was just a little prod to make sure any homework that is needed is done and if Wendy has any areas she is not sure of, to raise any questions here. Better to do this when there is peace and quiet, than when the next paperwork comes through the door.

[unclebulgaria67]

You will have to remind me UB was the Bankruptcy based on a SD or CCJ?

It was an SD

[AndyOrch]

Given that there not have have been any errors within the Bankruptcy proceedings any decision will be made with regards to the Statuary Demand and the debts that this relied upon.

[Desperate Daniella]

Can I ask, andy, what you think about Lowell's being able to appoint the administrator. I gather they can do this, but I was really shocked to learn that. Surely it should be someone with no connection to the creditors?

[AndyOrch]

I wasnt aware of that point Daniella.......

 

As far as I was aware once a bankruptcy order is made, the court will usually appoint the Official Receiver to administer a bankrupts estate. The Official Receiver is a civil servant and an officer of the court.

 

The Official Receiver must then decide within twelve weeks of the bankruptcy order being made whether to call a meeting of creditors to appoint a licensed insolvency practitioner to act as trustee in bankruptcy.

 

If the assets in the bankruptcy are relatively small in value the private sector insolvency practitioner then appointed as Trustee is usually appointed on a "rota" basis.

 

Regards

 

Andy

[mjt2013]

The TinB acts for the creditors to realise the assets in the estate, not the bankrupt, so I don't see why it's a problem for a chosen TinB to be appointed as long as the creditors don't consider that he will favour one over the others.

[Desperate Daniella]

Unless I read the entire thread again I don't know if there are any other creditors listed in the Bankruptcy Order. So if it is the case that it is only about the SD from Lowell's surely it should have been the next TiB on the rota (as I had always thought too) rather than someone chosen/appointed by Lowell's who would clearly have a vested interest in getting as much money for them as possible. The charges added are unbelievable.

[wendyboats]

Unless I read the entire thread again I don't know if there are any other creditors listed in the Bankruptcy Order. So if it is the case that it is only about the SD from Lowell's surely it should have been the next TiB on the rota (as I had always thought too) rather than someone chosen/appointed by Lowell's who would clearly have a vested interest in getting as much money for them as possible. The charges added are unbelievable.

 

 

 

Afternoon DD , UB , AO , Just read all new threads and need to clarify a few things and refresh details.

 

 

I was made Bankrupt in my absence by Lowlife and they did this with 2 mobile phone bills alleged to be mine and Capone credit card.

 

 

3G UK £597.80 T-MOBILE £218.42 CAPONE £850.35

 

So they had enough to take me in to bankruptcy with just Capone ! My theory is a judge may have dismissed this avenue on that amount so they added 2 mobiles that they have worded in a way that could be miss read as from the same phone company and also would go over the £750.00 threshold.

( I will up load this page later tonight for viewing)

 

 

My understanding and I hope I am right here is that on the stat demand it states rule 6.1 and the creditor must state on this if the debt has any interest added by the first creditor that arose during that time it must clearly show what amount and how it arose and shown separately. And debtor must have been notified of this before any assignment is made.

 

This is were its flawed I hope ? Also no contact was made by Capone to me in the 18 months prior to this, DD went out my bank for 18 months I changed address 4 times in this year and notified them to this by phone and letters and thought I activated the PPI when I became ill in the year 2007 , I had just divorced and sold home in January 2007 and had £78,000 in the same bank account until November 2007 when I brought my home they claimed on. Payments continued £2007 until April 2008.

 

 

I will continue after school run guys xxxxxxxxxxxx

Edited January 16, 2014 by wendyboats
spellings