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

[wendyboats]

OK THANK YOU FOR DOING THAT AND I HOPE SOMEONE OUT THERE HAS AN ANSWER TO STOP THESE CORRUPT COMPANIES FROM DOING THIS BECAUSE IT SEEMS TO BE FULL OF SAME CONS ON THE SITES IVE VIEWED ON INTERNET

 

I CAN NOT LOOSE THE HOME I SHARE WITH MY GRANDSON AS I AM HIS FOSTER KINSHIP CARER AND HE WOULD GO INTO CARE IF I COULD NOT PUT A ROOF OVER HIS HEAD !!

[Desperate Daniella]

Not everyone who might help you is here every day, but I hope there will be more input soon.

 

However, it is very complicated and you really may have to get a good lawyer because I'm not certain that as a litigant in person you will be able to cope with the legal arguments in front of a judge.

[wendyboats]

I do agree but i have no means to fund another lawyer if i could id hire mr big himself to wipe floor with them all lol but someone has to know how i can prove this case is fraudulent ?

 

I live in hope as many many people go on this site so fingers crossed xx:|

[unclebulgaria67]

You may be able to get pro-bono lawyers to help with this, but there may be further court fees involved. I am no expert, but this may have to go to the High Court to seek a further annulment or application for a review of what has happened.

 

It cannot be right for Lowells or any creditor to bankrupt you in relation to 3 smallish debts totalling £1500 (ish) which they have rolled up, which will now cost you over £20k due to the various costs. It is not a proportionate way of dealing with the debts.

 

http://www.barprobono.org.uk/

 

http://www.lawworks.org.uk/

Edited August 28, 2013 by ims21

[wendyboats]

Thank you kindly i will look into this and read the links you have sent me

[Desperate Daniella]

Unfortunately you just can't say it was fraudulent and get everything dropped.

 

The Particulars of Claim were wrong so you had a Defence there.

 

You did not know about the Hearing so the Judgment should have been set aside. I don't know what your lawyer was doing. The set aside hearing should have been just that, with you being given more time to prepare a proper Defence.

 

You may be able to complain about the Judge, but you will not be able to do that on your own because you need someone who can make the right legal arguments to get the original case and the subsequent bankruptcy set aside.

 

A lot of people who have some legal knowledge have looked at your thread today and the fact that they have not commented means that it is probably beyond most people here to give specific advice. There are some others who may help, but if they can't you really will have to try and find the money - family loan? - to instruct someone to act for you otherwise you are in great danger of losing your house.

 

What has happened is shocking and I would hope there is some action that can be taken but you really may need to (somehow) pay for proper legal representation.

[Desperate Daniella]

It is a very good idea to try and get a pro bono lawyer.

 

As unclebulgaria says above, it is absolutely ludicrous that an unproved debt of around £1,500 could result in such extortionate costs and your possibly losing your home.

[unclebulgaria67]

You may be surprised that there are many lawyers out there who will be willing to do work on a free basis, if they have a chance of winning. This is because they have special interest in dealing with such cases and with debts it will be often the case that the person won't have the money to afford their normal fees. Contact the links I provided in my previous post and they may be able to put you in touch with Solicitors. But it is always a case that any Solicitor will want to look through all of the paperwork, before they decide whether or not they can help.

Edited August 28, 2013 by ims21

[wendyboats]

I will look in to pro bono lawyers thank you for all the comments

[wendyboats]

I would like to add in more detail that

 

i was given all the paperwork in this case by my solicitor and i have been through it over and over again and

 

what i did find strange and i touched on this earlier was that in the papers sent by lowells solicitors was two copies of alleged original credit agreements

but both had different dates on them and signatures were slightly different a

s one has my middle initial and the other doesn't i have always signed my name with middle initial.

 

But even more stranger than that both copies had the same bar codes at the bottom??? In both copies the text had been shrunk to unreadable and it did not seem to be set out right almost squashes into page.

 

Any comments about there being two agreements please .

[unclebulgaria67]

I would like to add in more detail that i was given all the paperwork in this case by my solicitor and i have been through it over and over again and what i did find strange and i touched on this earlier was that in the papers sent by lowells solicitors was two copies of alleged original credit agreements but both had different dates on them and signatures were slightly different as one has my middle initial and the other doesn't i have always signed my name with middle initial.

 

But even more stranger than that both copies had the same bar codes at the bottom??? In both copies the text had been shrunk to unreadable and it did not seem to be set out right almost squashes into page.

 

Any comments about there being two agreements please .

 

Without seeing them it would be difficult to comment. These are the Cap1 agreements ?

 

Why would there be 2 agreements ? Can you remember what process you followed to sign up for the account ? Did you sign in two different places when sending the forms back ? Was one for a different application e.g DD for PPI cover. Do you use your middle initial for your banks DD payment authorities.

 

Getting the bankruptcy annulled is going to be very difficult and will rely on a Solicitor with in-depth knowledge of court/insolvency procedures. I suspect that they will only succeed based on process, rather than issues directly related to the debts. Though obviously it helps if you have a case that needs to be addressed by the court.

[Desperate Daniella]

The two agreements would be part of your Defence against the original judgment. Lowell will send out anything and say it's "your" agreement.

 

But, the main issue here is to get that Judgment set aside. That has to come first, before defending the Claim.

[Desperate Daniella]

The bankruptcy was based on that faulty Judgment. To cancel the bankruptcy you'll have to go backwards. I know it is expensive but you really are going to need a good lawyer here - solicitor or direct access barrister - to argue this for you.

[wendyboats]

The two agreements are identical in appearance word for word and even have the same bar code at bottom but have different dates in the signature box and two different ways of my signature and both have a different authorised date ??

 

And i only ever had a capital one card and only had one signature box. also when capone replied to my PPI request they sent me only one copy that was signed with middle initial but still did not resemble what i remember signing back in 2006??

 

But i do agree with your comments and take it on board about fighting this with a lawyer who deals in these cases as the one we had and recommended by Law Com was not up to the challenge.

[wendyboats]

No its the absolutely same word for word except for date and signatures and yet the security bar codes at bottom are the same?? impossible

right??

 

But i do take on board your comments to me and feel this would be the only way to go and i thank you for that:hug:

[steampowered]

You say the debt is 1.5k. You say the trustee is asking for 35k of the equity. How did 1.5k turn into 35k?

 

Is the trustee asking you to sell the property?

[Ganymede]

This is a huge, complicated mess. Need some time to get my head around it, as I'm sure do others.

[Desperate Daniella]

No its the absolutely same word for word except for date and signatures and yet the security bar codes at bottom are the same?? impossible

right??

 

But i do take on board your comments to me and feel this would be the only way to go and i thank you for that:hug:

 

Because DCAs use reconstituted copies of agreements and often 'cut and paste' the bits they want to use, it is not at all surprising that you will get two different versions of an alleged agreement. What Lowells have done here by lumping three alleged debts together should not have been allowed, but they got away with it by playing dirty and that is what they do. They'll use any tactics they can to get money. They got lucky because you missed the original hearing and there was no defence.

 

A couple of the legal guys are looking at your thread this morning and I'm sure they will have some thoughts.

 

Hugs,

 

DD

[wendyboats]

HI Guys.............

 

Yes that is what they want,

 

just today i've had an email from trustee saying there is nothing i can do except pay or she is going to court to force a sale

and after all these bills are paid i won't be getting much of my half of the equity back!

 

THE TRUSTEE TOLD US LAST YEAR IT WAS HER INTENTION TO FORCE SALE FOR MY EQUITY,

SHE KNEW EVERY DETAIL OF OUR MORTGAGE AND HAD EVEN PUT HER OWN INSURANCE ON IT......

 

The point i was making about the two copies i have of Capone CCA was

 

how can it be to have two with different dates and different signatures

even if it had been cut and pasted

 

the second one must have been forged because its not my true signature?

 

And the CCA date they have stated i have defaulted on does not appear on the second one:?:

[Ganymede]

Sorry, I'm still trying to get my head around this case.

 

what is the date of the origianl CCJ and when did you find out about the said CCJ?

 

Thanks.

[unclebulgaria67]

Have you phoned the Pro-Bono legal people yet ? If not, I would suggest you do this asap.

[Desperate Daniella]

Have you phoned the Pro-Bono legal people yet ? If not, I would suggest you do this asap.

 

I agree. You need to get someone to act for you as soon as possible.

 

DCAs do mess around with documents. You can argue that later. The main thing is to get this unravelled.

[Desperate Daniella]

There is also a child who will have to go into care if this is not resolved and I do not think the Trustee is giving enough weight to this.

[wendyboats]

The county court judgement was 6 June 2012 at 11. am and lasted 20 mins.

I found out when the letters started coming from land registry department and insolvency letters and the the phone call from the Trustee in Leeds letting me know she wanted my equity in my half of property.

[wendyboats]

I have not yet as i have been speaking to my local MP this morning and he is horrified.But i intend to phone them once my Grandchildren are not here as i don't want them to know

 

I have 11 Grandchildren( not all here now of course) but i have 3 here staying till tomorrow.But if i get chance i will ring one .

 

I am overwhelmed by all your support on here Guy