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

[wendyboats]

hi i have seen that this group have given very good advise over the years and now find i need advise concerning capital one

[dx100uk]

ok welcome aboard

 

tell use the story please

 

dx

[wendyboats]

Lowel used 2 phone bills ..not proven and capital one card 2006.. made me bankrupt for£1,665.56p .... £850 on capital one my limit was £500 i spent £400 rest is fees and PPI now Trustee is going for my half of equity in house of £35.000.

 

I did not find out till after court case!! a year later i went to court to annul at the cost of £2,000 solicitors fees and lost the judge was same one who granted bankruptcy !! Information of debt given 5 days before annulment court case !

 

This is only quick summary of events as i now have conflicting evidence in being given two copies of agreements ( not original) with different months,dates and signatures with unreadable t/c and rearranged policy lay out.

 

AND TRUSTEE IS OUT FOR THE KILL !!!!!!!!!!

 

When i claimed for PPI to capital one they wrote back to trustee not me???? Saying as i asked for it its not their problem?

 

Kind:???: Regards from me to you

Edited August 28, 2013 by wendyboats
spelling and details

[dx100uk]

so lowlife rolled three debts together and served a a statutory demand and succeeded in getting a BK?

 

dx

[wendyboats]

yes and phones were never proven and capital one account sold to lowells in nov 2011 but capone never wrote to me prior to this date? Wendyboats thanks you for your interest

[dx100uk]

ok this is not on

 

they cant merge CCA accounts and mobile stuff not covered by CCA in the same SD as far as I know.

 

i'll move you to the legal forum.

 

when was the SD served

when was the court date

and did you challenge it?

[wendyboats]

The sd they alleged was posted was feb 2012...... court date was june 6th 2012 i found out when land registry letter came also found out trustee had already put a claim in to the mortgage company .

 

Notes of interest... server was from portfolio one i never got it.

 

Trustee who also has her own solicitors fees added was also appointed by lowells.

 

My mortgage company new weeks before i did yet never contacted me?

 

Wendyboats

[dx100uk]

ok await the legal bods tomorrow

 

if you wish

 

tell us here ass much info as your wish

 

esp about what you did in regards to the court cases and the bk

 

and anything else you wish to post up

 

if you need to put paperwork up follow this guide:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[wendyboats]

Thanking you i will add more tomorrow and trust me when i say this is corruption of the highest involving these companies but i need all the help i can get to prove it !!

 

But i will with all your help on here

 

Nite Nite from Wendyboats:-)

[dx100uk]

you'll get it

 

night shift out for now

 

dx

[wendyboats]

:hug: Thank you DX

[wendyboats]

:clap2:iI knew it was right decision to come on here so thank you xx Wendyboats

[wendyboats]

Hi all

 

 

Here we go............. I was made bankrupt 5/7/2012 in my absence by Lowell portfolio one for the sum of £1,666.57.

This was made up of 3 debts

 

HUTCHISON 3G UK LIMITED £597.80- DEFAULT DATE 10/4/07

 

T-MOBILE UK LIMITED £218.42 -DEFAULT DATE 25/1/07

 

CAPITAL ONE PLC £850.35 -DEFAULT DATE 19/9/08

 

16/12/2011-STAT DEMAND FROM LOWELLS ALLEGEDLY SENT.

 

13/4/2012 PETITION TO COURT DATE SET 5/7/2012

 

A SERVER USED BY LOWELLS SWEARS HE VISITED PROPERTY 3 TIMES AND MAKES A CONVINCING STORY OF HOW HARD HE TRIED TO SERVE ME............JUDGE SAYS STICK IT THROUGH LETTER BOX!

 

AND SO THE NIGHTMARE BEGINS:-(

 

I was living away from home for period of Feb/2012 till June 8/2012.... due to personal problems with my daughter and grandson i was supporting them.

 

About two weeks later piles and piles of letters came through letter box declaring.... HOW DO YOU DEAL WITH BANKRUPTCY AND LAND REGISTRY LETTERS ......AND THE DREADED TRUSTEE IN STATE...

 

I GO TO CAB FOR GUIDANCE AS I JUST DON'T BELIEVE IT IS REALLY REAL,ITS SOME KIND OF SICK JOKE !!

 

No its real and i NOW] need to see insolvency man ASAP!

 

I still have no clue to the debts that are involved until i meet him and i soon dismiss phones.....but capital one card i did have in 2006 but due to illness... April 2007 i thought i had activated my PPI i did what i was asked and sent sick notes ect.

 

Unfortunately i had also divorced and moved house in Feb 2007 and was staying with sister till i found a new property to buy but in April 2007 i had a complete break down ending in hospital with loss of memory..(GOD YOU COULD NOT MAKE THIS UP LOL) I moved to spain to convalesce with my daughter who lives there permanently.

 

I came back rented for 6 months then brought this house with.........................MY EX-HUSBAND !! November 2007.

 

In all that time i never received anything from Capone and assumed as it was only £500 limit and i had only spent about £400 on it that it was paid off.....stupid me:roll:

 

I had also closed down my bank account in around April 08 as i was now on long term disability allowance and i sent details to Capone of new address and medical evidence ect and heard no more.

 

Until Bankruptcy.... popped its ugly head up................I TRIED FOR SEVERAL MONTHS TO GET ALL DOCUMENTS ON DEBTS BUT I GOT NOTHING....... EXCEPT THREATS TO SELL MY HALF OF HOUSE SO I CAN PAY THE BILL £18.000.

 

THEY HAD DONE THEIR HOMEWORK AND THOUGHT I WAS STILL MARRIED AS LAST NAMES STAYED THE SAME AND NO CHILDREN LIVED AT ADDRESS.........THEY WERE GOING IN FOR QUICK KILL....

 

 

But because i am a kinship foster carer for my 6 year old grandson.. since 8th of June 2012..........TRUSTEE HAD TO GIVE ME A YEAR and she has offered discount of £8,700.000 if i payed in full ASAP or ex- payed in full !!

 

Thats when we got a solicitor involved as we were being ignored.............that was November 2012 and after months of asking for all relevant documents with no success went for annulment............ 5 days before court case they sent some stat demand from capone and a copy of the CCA but by this point we had spent £2,000 on solicitors fees and felt we had a 50%50 chance to get it overturned ..............But on day of court case 17 July 2013 IT WAS IN FRONT OF JUDGE WHO GRANTED BR !!

 

She was not remotely interested and i was given the costs of Lowells solicitor to the asking price of £7,234 for 55 min hearing to be paid in 28 days.

 

THE JUDGE HOWEVER WAS SHOCKED AT THIS AMOUNT AND ASKED FOR RUNDOWN AS I HAD BEEN ONE CHASING AROUND.....IT APPEARS THAT LOWELLS ARE USING TWO GRADE AS AND TWO GRAD BS AND A C THE JUDGE SAID THIS IS UNNECESSARY AND KNOCKED IT DOWN TO £2.847.00.

 

THE TRUSTEE IN CASE ALSO USES ANOTHER GRADE A SOLICITORS WHY I HAVE NO CLUE?

 

TWO OR MORE WEEKS AGO I WROTE TO CAPONE RE PPI CLAIM AND THEY SENT THE REPLY TO TRUSTEE WHO THEN SENT IT TO ME GIVING ME 22 DAYS TO RESPOND TO CAPONE DENYING IT WAS THERE FAULT AS I TICKED BOX? AND STATING IF SHE DID NOT HEAR FROM ME BY END OF AUGUST 013 SHE CONSIDERED THE MATTER CLOSED AND WAS NON NEGOTIABLE !!

 

WITH CAP ONE LETTER WAS A RUN DOWN OF BILL FROM 20 OCT 2006 TILL 28 OCT 013 I SPENT £400 MOSTLY CASH WITHDRAWALS AND ON THE STATEMENT ON 20TH OCT THEY CHARGED ME OVER £100 IN FEES TAKING ME OVER LIMIT... AND SO IT GOES:-x ON ,,,,

 

TRUSTEE HAS E MAILED ME TODAY STATING SHE WANTS SALE OF HOUSE AND £22.000-£28.000 OF MY EQUITY !!!!!!!!!

 

PLEASE CAN ANY ONE ADVISE

[Desperate Daniella]

Hi wendyboats,

 

This is absolutely shocking. I'm going to see who is around who can help you. Clearly your solicitor has been useless. The claim should have been thrown out in the first instance.

 

As you have said, you couldn't make it up.

 

DDx

[wendyboats]

I forgot to add the copies of statements of account show i paid by dd but only min fee so it kept me over £500 i was not aware of that..........at opening of card and within days i was in trouble each month they added fees in nov 2006 it stood at £532.04 then went up and up when i stopped payments in april 2007 it stood at £658,04 then they continued on till sep 2008 when they defaulted me to the tune of £850.35p. Fees made up of two default payments each month, interest, ppi, and late fees !

 

Also in the oct 2006 on day of activation i was charge two ppi payments £20.00 sentinel card protection and ppi £4.15. 4 cash withdrawal fees £60.00 pounds worth of fees on day one !!

 

Also i forgot to add that capone sent me two copies of credit agreements different dates of a month and different signatures but bar code at bottom of each is the same??????????

 

And it looks like its been changed slightly and print out of tc is unreadable except for dates and sigs ???

 

I don't believe it is original and i don't even believe one copy is my sig..............also one is dated 24th sept 06 and other is 10th of oct 06........but capone state in letter i completed agreement on 24th sept 06...........but it was not used for a month after........ 20th oct 06. Ppi was cancelled on august 22 2008.

[Desperate Daniella]

This is such a mess. As you did not know of the original court case and could not attend the hearing that judgment should have been set aside. Your solicitor really did not represent you properly.

 

I'm sure you'll get some good advice soon.

[citizenB]

ok this is not on

 

they cant merge CCA accounts and mobile stuff not covered by CCA in the same SD as far as I know.

 

i'll move you to the legal forum.

 

when was the SD served

when was the court date

and did you challenge it?

 

so lowlife rolled three debts together and served a a statutory demand and succeeded in getting a BK?

 

dx

 

 

It is my understanding this cant happen. Or at least they are not able to do this by way of a conventional claim via the courts.

[Desperate Daniella]

They should never have been allowed to get away with it in the first place. Unfortunately so much as happened since then it's going to be very complicated to unravel it back to the beginning.

[wendyboats]

thank you and i agree it is a mess iv come to the conclusion that this is one big con involving them all and i know that sounds far fetched but capone paying out thousands in ppi fines and pay backs this is a great way to claw some money back !

 

and debt collection agencies are buying all capone debts and mobiles on 3 and t mobile with no proof of anything yet courts are giving them peoples lives without a care............

 

the judge said to me.........everyone has problems in life and its no excuse to ignore debt letters. but for a £500 debt they have got about £20,000 tied up in this case not a bad little earner

 

and more than enough to go round them all !

[citizenB]

Have sent out some S.O.S on your behalf, hopefully someone will look in as soon as they can.

[wendyboats]

THANK YOU SO VERY MUCH

[dx100uk]

yes rolling debts covered by and not cover by CCA into one claim I dont think is on.

 

dx

[Desperate Daniella]

So is there any chance of having the original judgment set aside? If it can be set aside then surely everything else that has occurred as a result of it should be too?

[wendyboats]

Going to make an appointment with mp tomorrow and is it worth notifying the governing bodies:| ??

[Desperate Daniella]

I've alerted a couple more people who might have some ideas, but I think you may have to instruct a very competent lawyer to resolve this as it's gone so far. That would probably be cheaper than selling your house and paying that £22,000+

 

Let's wait and see what others say.