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

[wendyboats]

HI GUYS

 

ACCORDING TO STATEMENTS I PAYED BY WAY OF DD £738.35p APPROX OFF THE DEBT TO CAP ONE !! I'M NO GOOD AT ADDING UP SO THIS IS MUCH LESS THAN ACCURATE TOTAL!

 

17 PAYMENTS OVER 17 MONTHS !! I KNEW IN MY MIND I MUST HAVE PAYED OFF WHAT I ASSUMED AND BELIEVED I OWED + I THOUGHT PPI WAS PAYING IT OFF TOO !

 

AT THIS RATE IN MY MIND THEY OWE ME MONEY !!! XX

[wendyboats]

thank you for that xx:-d

 

I FORGOT TO ADD.....I HAVE ASKE TRUSTEE TO LOOK INTO PPI CLAIM SINCE AUGUST 2012.............I WROTE TO CAPONE MYSELF IN JULY 2013 REQUESTING PAYING BACK PPI AND EXCESSIVE FEES ADDED AS ADVISED TO ME BY FCA AND BY RECORDED DELIVERY.

 

ON 7th AUGUST I RECEIVED A LETTER FROM TRUSTEE WITH WHAT SHE STATED WAS THE REPLY FROM MY LETTER DATED 3 DAYS AFTER I SENT IT?

 

CAPONE CLAIMED BECAUSE I TICKED BOX THEY DON'T OWE ME £0.00.... TRUSTEE GAVE ME 22 DAYS TO RESPOND OR SHE WOULD CLOSE CLAIM AND HER DECISION WAS NOT NEGOTIABLE.

 

ON FURTHER LOOKING AT LETTER FROM CAPONE I NOTICED THE DATE STAMPED ON IT READ 29 JUL 2012............

 

YET SHE HAD NEVER TOLD ME SHE HAD RECEIVED LETTER ?????????

 

I HAVE WRITTEN TO CAPONE AGAIN RECORDED DELIVERY AGAIN ASKING FOR ORIGINAL AG/ STATEMENTS SENT TO MY ADDRESS/LETTERS SENT TO MY ADDRESS PRIOR TO SELLING TO LOWELL PORT ONE/ AND AN EXPLANATION AS TO WHY I HAVE IN MY POSSESSION 2 AG IN MY NAME.......DIFFERENT MONTHS AND DIFFERENT WRITTEN SIGNATURES .............. AND UNREADABLE TEXT OF CONDITIONS OF CONTRACT....I GAVE THEM 12 WORKING DAYS....TIME UP THIS MONDAY !

 

TONIGHT I FEEL FOR THE FIRST TIME IN OVER A YEAR I CAN SLEEP WITHOUT WAKING UP IN A COLD SWEAT..........AFTER HAVING THE RECURRING NIGHTMARE THAT NO ONE BELIEVES ME OR CAN HELP ME....

 

BUT THANKS TO MANY MANY PEOPLE AND ESPECIALLY THE KNOWLEDGE AND WISDOM GIVEN BY THE MOULD....(SHERLOCK HOLMES)" ELEMENTARY MY DEAR WATSON!"

I CAN SEE A LIGHT AT THE END OF MY TUNNEL XXXXXXXXXXXX

[wendyboats]

Thought i would sleep tonight after the BUZZ i got sending email to Trustee but i want an end to this deception its taken my life away from my family and my friends and my sanity !!

I want to scream and shout HOW DARE YOU LIE ABOUT ME

 

I am not one who deliberately avoids what is mine or does not deals with issues BIG or SMALL and i take being classed as a deceitful person very hard and thats why i have not slept in months and why iv sat at computer day and night..........

 

I have 5 children and 11 Grandchildren ....1 of which is in my care..........I have been made Bankrupt in my absence and had all my benefits stopped since this April because as a Grandmother\Mother i wanted to be their and support them............But the costs have been high to do that

 

But i'm a fighter a believer in TRUTH and HONESTY and i will fight on and i can fight on thanks too CAG LOVE YOU ALL :whoo:X

[steampowered]

It seems to me that the problem here is a lack of information. I have been following this thread and are discussing relatively small debts. There is no explanation of how relatively small debts ended up at 35k. It is very difficult to start challenging things if you do not have the paperwork. If there were court proceedings, you need to make sure you have a full copy of the court file. Otherwise, you need to be getting a copy of the correspondence and breakdown of costs.

 

Have you met with the trustee to talk through this?

[wendyboats]

It seems to me that the problem here is a lack of information. I have been following this thread and are discussing relatively small debts. There is no explanation of how relatively small debts ended up at 35k. It is very difficult to start challenging things if you do not have the paperwork. If there were court proceedings, you need to make sure you have a full copy of the court file. Otherwise, you need to be getting a copy of the correspondence and breakdown of costs.

 

Have you met with the trustee to talk through this?

 

Morning steampowerd

 

No the Trustee is in leeds, she was it seems appointed by LOWELL PORTFOLIO ONE!

 

she is the most arrogant,heartless person iv ever had the" MISFORTUNE TO SPEAK TOO"

 

I HAVE GOT ALL PAPER WORK USED BY THEM IN COURT AND THATS WHAT IV USED TO GIVE YOU ALL ON GAG TO HELP ME .

 

THANK YOU FOR YOUR COMMENTS XX

[steampowered]

Morning steampowerd

 

No the Trustee is in leeds, she was it seems appointed by LOWELL PORTFOLIO ONE!

 

she is the most arrogant,heartless person iv ever had the" MISFORTUNE TO SPEAK TOO"

 

I HAVE GOT ALL PAPER WORK USED BY THEM IN COURT AND THATS WHAT IV USED TO GIVE YOU ALL ON GAG TO HELP ME .

 

THANK YOU FOR YOUR COMMENTS XX

Wendyboats -

 

Is it possible to list out the paperwork you have, and the date of each document? I think this would help people. I can't help but think there are some gaps in our understanding on this thread.

[wendyboats]

I will try my best but perhaps it may help me if i knew what gaps you referred to steamboats:???:

 

Wendyboats thanks you for you input to my plight ! Xx

[Wooks001]

A spreadsheet is probably the easiest way to do this as you can easily insert new lines and columns, I got a bit lost with dates etc on my own case with the FOS.

[wendyboats]

A spreadsheet is probably the easiest way to do this as you can easily insert new lines and columns, I got a bit lost with dates etc on my own case with the FOS.

 

I am not very good at techno stuff wooks001 perhaps you could advise me how to to that please and i will give it ago xxx

[steampowered]

I will try my best but perhaps it may help me if i knew what gaps you referred to steamboats:???:

 

Wendyboats thanks you for you input to my plight ! Xx

 

How a debt of less than 1k became a debt of 35k is the gap.

[wendyboats]

How a debt of less than 1k became a debt of 35k is the gap.

 

OH...............i have never laughed so much steamboats:lol:Brilliantly put xx thats what is so ridiculous Lowell low life REALLY think its achievable, but perhaps its because their ruling the DCA empire in all different names, running a muck,and thus far they have been it seems aloud to act outside of the law?

 

WELL THATS BEFORE THEY CROSSED ME AND MINE AND I AM LIKE THE HOUND OF THE BASTABLES (SHERLOCK HOLMES FILM) ESPECIALLY WITH ALL YOUR HELP XX

[The Mould]

Dear Wendyboats Watson

Hounds are precisely what these creditors are. I have two hounds of my own Watson, SiberianHuskies and I can assure you that they are no Baskervilles.

Lots of different figures involved here. Your instructed solicitors were correct toargue non service of claim, but they failed to establish, and it appears didnot challenge, whether or not the creditor was entitled to the enforcementaction as regards the credit agreement! I believe that your sols should not have argued that the debt claimedhad not been proved, rather they should have argued with non-service of claim,no valid default notice served and mis-sold ppi on the agreement, which failedto pay the monthly payments when you made your claim under the same, which you,being an ordinary consumer (no offence Watson) believed that the ppi was covering thepayments due, therefore, rendering the ppi as worthless.

These costs incurred by the creditor/or trusteee of approx. £34k against a claimed debt of around£1,650.00, have they ever been subject to a detailed assessment beforea costs Judge? Have you ever beenprovided with a summary assessment of these incredibly high costs?

I personally do not accept the Judge’s decision in the lowerCourt as regards service of the claim, your explanation as to why you were notaware of the proceedings is perfectly acceptable and logical, the fact that youwere not served the claim is sufficient grounds for a set aside!

District Judges in the lower Courts, Masters and even HighCourt Judges sometimes get it wrong because, even though they are veryintelligent, they do not know all law,that is the reason why we have the Court of Appeal and the Supreme Court, theLords and Ladies who sit in these higher Courts know all law and do not requireany barrister to direct them on any matter of law.

Look very closely at the said default notice in this matter,the figure stated therein to remedy the breach relied upon must be accurate, ifit is not, then the DN is invalid and the bankruptcy Order must beannulled. The DN provides you with 28days to remedy the breach, statute requires 14 clear days for such notice (CCA1974 s.87(1) – as amended), if the amount stated in the DN is incorrect, thenyou can rely upon a case cited as Woodchester v Swain; research this case andprint off the full transcript thereof (from Bailii) as you will be able to relyupon this authority in respect of the DN element of your argument (that is onlyif the amount stated in DN is not accurate!).

I believe that you have issues here that warrant an appealthat respectfully requests an annulment of this bankruptcy Order against you.

The more information – dates, figures and facts that you canprovide us with, will place us all in a greater position of understanding thecircumstances of your case , which in turn will help us to provide you with themost professional and personal and up to date advice to help you advance yourcase through to success (which is what I believe we are all aiming for).

“Success is notnecessarily limited to an outright win; success is about achieving a positive,satisfactory and amicable resolution to the dispute for all parties concerned”.– The Mould

I believe non-service of claim, invalid default notice (ifyou can investigate this area Watson to establish that the DN in question wasindeed invalid) and mis-sold ppi are the grounds upon which you ought to placeyour challenge/ appeal against this bankruptcy Order.

We are all here with you, and we shall be holding your handevery step of the way down this most challenging road.

Kind regards Watson and all other helpers here

The Mould

At 221b

[wendyboats]

The mould

 

i am on the case, you're greatly honored watson will go through all again and write up exact words and totals for the capital one debt and give its exact..... Wording/....dates/ and time limits.

 

I shall begin with easy one first q1. No it has not as far as i am aware been in front of judge of assessment.

 

I shall get back to you with rest......as always kind friend i bless you xxx

 

I would like to just add about trustee i have emails to her and from her in august 2012 asking about how capone was£850 as i thought i had PPI she said it did not matter to me as it would go to her anyway!

 

I also sent her the link by THE BBC WATCHDOG RE LOWELL PORTFOLIO ONE Regarding my concerns about Service and more...

 

She assured me she would look into all of above.............

Edited September 7, 2013 by wendyboats
info update

[wendyboats]

THE MOULD

 

Q.2 Capital one NOTICE OF DEFAULT UNDER S.87(1) CCACT 1974

 

I THINK WE HAVE A PROBLEM HERE ITS UNDER DIFFERENT CCA ?

 

DATE 17/8/2008

 

Overdue amount ;£299.70

 

You have broken CAPONE CREDIT CARD AGREEMENT by going over credit limit/ clause 4.

 

You must pay amount you have gone over as shown above within 28 days of this letter.

 

ADVICE ON ABOVE YEAR PLEASE ; Watson x

[wendyboats]

Quick one here...

THE MOULD ................Could that be why the CCA they sent from court is unreadable ? So clause 4. Can not be checked as

 

to the year of CCA being 1974 act not amended or is this proper for that year? Watson returning to next..........

[The Mould]

The trustee cannot be trusted Watson, keep that at the forefront of your mind at all times.

 

These costs of some £34k really do need to be subject to detailed assessment by a costs Judge! I believe, based upon the material posted here thus far by you, that such costs are excessive and wholly disproportionate to amount claimed by original creditor.

 

How many hearings have been held in respect of this matter and did your opponents' reps attend each hearing?

 

Please concentrate on the said default notice in question, compare the figure stated therein with your own records.

 

I understand that you were not living at the address to which the creditor served the claim on, how and when did you find out about the CCJ - judgment in default of the same. Further, did you contact the creditor about this and did you make any arrangements to repay the same at a rate that is within your means for that period.

 

Further still, at any time before CCJ, did you exchange any correspondence with your creditor as regards this account and was any agreement reached between you two parties in respect of you repaying the debt?

 

Kind regards

 

The Mould

 

Not all penicillin is bad for you, but for the robots too much can be lethal, let's inject a maximum dose and see these robots malfunction.

[The Mould]

THE MOULD

 

Q.2 Capital one NOTICE OF DEFAULT UNDER S.87(1) CCACT 1974

 

I THINK WE HAVE A PROBLEM HERE ITS UNDER DIFFERENT CCA ?

 

DATE 17/8/2008

 

Overdue amount ;£299.70

 

You have broken CAPONE CREDIT CARD AGREEMENT by going over credit limit/ clause 4.

 

You must pay amount you have gone over as shown above within 28 days of this letter.

 

ADVICE ON ABOVE YEAR PLEASE ; Watson x

 

What does clause 4 of the credit agreement state? At date of this letter, how much in arrears were you actually in default of?

 

Kind Regards

 

The Mould

[The Mould]

Quick one here...

THE MOULD ................Could that be why the CCA they sent from court is unreadable ? So clause 4. Can not be checked as

 

to the year of CCA being 1974 act not amended or is this proper for that year? Watson returning to next..........

 

Really Watson? Is the CCA supplied by creditor illegible? When in 2006 did you apply for this credit agreement and when in 2006 was the same concluded?

 

Kind regards

 

The Mould

 

Going off-line for a short while Watson, be back soon.

[wendyboats]

Ok sorry the mould my detective mind is going into warp drive and sometimes i must be corrected by my mentor !

 

Q3.statement of default capone

 

date 19/9/2008

 

balance £850.35

credit limit £500

overdue amount£140.89

 

as of the 17/8/2............. Date incomplete ? YOU HAVE DEFAULTED AND YOU OWE US £299.70.

 

WE HAVE RIGHT TO....DEMAND ALL COSTS IN FULL IMMEDIATELY...WE MAY ADD REASONABLE COSTS,,,WE MAY SELL TO DCC....WE MAY PLACE WITH DCA.

[The Mould]

OK Watson

17th August 2008, the DN states you owe £326.35.

19th September 2008 statement of default statesthat as of 17th August 2008 you owe them £299.70.

The default notice appears to me to be invalid as regardsthe terms and scope of the breach and the amount required to remedy such – see Woodchesterv Swain.

Kind regards

The Mould

[wendyboats]

OK Watson

17th August 2008, the DN states you owe £326.35.

19th September 2008 statement of default statesthat as of 17th August 2008 you owe them £299.70.

The default notice appears to me to be invalid as regardsthe terms and scope of the breach and the amount required to remedy such – see Woodchesterv Swain.

Kind regards

The Mould

 

TO CONFIRM THE MOULD

 

Default letter 17/8/2008.......NOTICE HAS ONE TOTAL ABOVE WORDS R;DEFAULT...£299.70

 

COPIES OF STATEMENTS IN EVIDENCE READ 22/08/2008.......MINIMUM PAY DUE £326.35

 

STATEMENT OF DEFAULT DATED 19/9/2008................AS ARREARS DATED 17/08/2....£299.70

[wendyboats]

WATSON WILL NOW TRY AND CLARIFY YOUR EARLIER QUESTIONS

 

I only knew of bankruptcy as i recall after my ex- husband's elderly mum( who lives at top of the hill that i live down) Received a land registry letter at her address, and what she thought was addressed to her late husband's name.........as initials are the same as ex-husbands late father who passed 5 years earlier............

 

She became very distressed at first thinking for a moment that the Bungalow she owns was seized !..........

 

After a family relative read enclosed papers it was established they referred to my address and ex-husband.

 

I wrote a letter of complaint to land registry with my concerns...........They said that on details of property it states his mums address as place he lived at during transaction of sale!

 

Just prior to this letters started to come in post from companies offering help to settle debt............

 

AND LETTER FROM INSOLVENCY ALSO CAME WITH IN DAYS.............

 

AT THIS TIME I RECALL I DID NOT HAVE LAND REGISTRY LETTER IN MY NAME/ADDRESS........... SO I MADE APPOINTMENT WITH CAB FIRST TO CONFIRM TO ME ALL DOCUMENTS WERE REAL!

 

I WAS FLOORED WITH UTTER DISBELIEF THAT A BANKRUPTCY HAD BEEN GRANTED AGAINST SALE OF MY HOME..........USING THE METHOD OF RELYING ON A PERSON WHO WORKS FOR THE CREDITOR TO PUSH INTO MY LETTER BOX....

 

I FELT THIS CANNOT BE TRUE .....AND THEY DID NOT SEND ANY PRIOR LETTERS AT LEAST RECORDED DELIVERY AT COST OF£1.70...

 

ALSO I HAVE A FAMILY MEMBER SAME SURNAME (EX-MOTHER) LIVING 3 MINUTES FROM MY ADDRESS, WHO ALSO HAD MY EX-HUSBAND AND HIS LATE FATHERS SAME INITIALS.......

 

I ALSO RANG INSOLVENCY NUMBER TO INFORM HIM OF MY APPOINTMENT WITH CAB FIRST TO CONFIRM ALL WAS INDEED REAL AND THEN CONTACTED A SECOND TIME THE INSOLVENCY TO MAKE APPOINTMENT.....DATE EARLY SEPT 2012.

 

WATSON CONTINUES TO SUPPLY THE MOULD WITH THE DEPTHS OF THIS COMPLEX:madgrin: MESS X

[wendyboats]

No the mould i never asked for anything till after the court case i never heard from capone concerning any arrears!

 

..............discovered another discrepancy here ...sir....

 

On going through the papers i'm getting different dates of.......... 5/ 6/2012 and 7/6/012.........ref; bankruptcy

 

hearing??...on......... Bw legals own paperwork ?

 

I received two copies of cca via my soli.............in around may 2013 each was different in date and signature type but

 

were done on same blank copies of a cca.......same bar codes on bottom of both.... Thats written.... Tex had been

 

electronically shrunk to unreadable.. Except... Signatures and dates remain audible.. As dose my previous address ?

 

ONE IS DATED 24th SEP...06 OTHER...14th OCT...06 BOTH HAVE SAME BAR CODE THAT WE HAD TO USE MAG GLASS TO

 

COMPARE..........BUT DECEIT IS THEIR FOR ALL TO SEE ! XX

[wendyboats]

THE MOULD

 

Q.2 Capital one NOTICE OF DEFAULT UNDER S.87(1) CCACT 1974

 

I THINK WE HAVE A PROBLEM HERE ITS UNDER DIFFERENT CCA ?

 

DATE 17/8/2008

 

SORRY THE MOULD

 

Overdue amount ;£299.70

 

You have broken CAPONE CREDIT CARD AGREEMENT by going over credit limit/ clause 4.

 

You must pay amount you have gone over as shown above within 28 days of this letter.

 

ADVICE ON ABOVE YEAR PLEASE ; Watson x

 

CREDIT CARD AGREEMENT 1974 DATED 17th AUGUST 2OO8 XX

[wendyboats]

I'M GOING TO LOOK AT WOODCHESTER V SWAIN AS ADVISED NOW AS I'M READY FOR A FIGHT XX