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

[wendyboats]

When you had your interview with the Official Receiver where you run through all of your debts / hand over cheque books / cards etc / give details of any pensions did they ask you if any of the debts were disputed ? (usually you put a large 'D' when they interview you about your debts for any that are disputed).

 

I notice that you seem to be attempting quite a bit of damage limitation here and it is unlikely that you will be able to claim anything back to yourself (any money due to you will have to go to the trustee, they will love you for helping them out to reclaim any fees / missold PPI.). The fact that you can't even fight this now as your solicitor as it seems failed to have any kind of knowledge of the Consumer Credit Act or even much knowledge of the process. If you had proof that you weren't even at a specific address then it should have been instantly overturned. I have heard of cases where a judge will throw out the servers affadavit due to there being an empty house next door, shared access to houses / flats and even problems with the postal service.

 

Were there any earlier (petition) hearings which were adjourned where either you or the opposing side didn't attend ?

 

Sorry missed this.....the receiver only gave me names of Capone and said two mobiles i asked for evidence but he had none he just had a notebook and then he read back what he wrote and i signed.

 

 

 

No i was not offered to put a D anywhere?

 

No prior court case for me but they had to go to court to apply bankruptcy don't they?

 

Thanks for input x

[wendyboats]

When were you making these DD payments totalling £800 and who were you paying these to ?

 

When i opened account in 2006 i opened it with DD payments to come out my bank to Capital one as is the norm when you apply for credit cards.

 

I never stopped payments until April 2008 payments total £800 APPROX ON A £500 AGREEMENT ON CARD .

[wendyboats]

Message of the night from wendyboats

 

Concern yourself with the positive advice and disregard the negative....

 

For some times, all is not what it seems! You will know who is who, and what is what, by the thread, and what they say, and the value of advice you got, make tomorrow a different day, and sing the words thank god, hip, hip, hip hooray the CAG team will help you all the way xx

 

wendyboats xxxxxxxxxx

[wendyboats]

Can anyone give me a copy of what a letter of assignment should look like and words that should be in it.....................

 

wendyboats switching her WATSON BRAIN off and turning her dreams on ..night CAG XX

[steampowered]

If you deduct £800 in missold PPI from £35,000 you are still left owing £34,200. Not sure you will be able to achieve the end result you are looking for without getting further information about what this debt is from the trustee.

[unclebulgaria67]

When i opened account in 2006 i opened it with DD payments to come out my bank to Capital one as is the norm when you apply for credit cards.

 

I never stopped payments until April 2008 payments total £800 APPROX ON A £500 AGREEMENT ON CARD .

 

Still don't understand. You made payments to the Cap1 account between 06 and 08 totalling £800. During this period you spent about £440 including three cash withdrawals. How have you ended up with a debt of £836 ? I think you need to look through all of the monthly statements for the whole period you had the card. How much interest charged ? How much PPI ? How much in charge ?

 

We still do not know what happened to the PPI claim that you made. Who did you make this claim to and what did they do with it ? It is a bit odd trying to claim back the PPI payments, when you actually tried to make a claim against the cover. Did your claim fail, as the PPI cover was missold or was it because your claim was not made within the timescale required ?

 

I wonder whether it might be worth asking the court to suspend or stay anything being done with the bankruptcy, until the many unresolved issues have been looked at, so there is a chance of seeking the annulment. The trustee could start to force the sale of the house, as I noted from the Insolvency service that the trustee normally allows a minimum of 12 months before they seek the sale of a house, so that people can find alternative accommodation.

[wendyboats]

Still don't understand. You made payments to the Cap1 account between 06 and 08 totalling £800. During this period you spent about £440 including three cash withdrawals. How have you ended up with a debt of £836 ? I think you need to look through all of the monthly statements for the whole period you had the card. How much interest charged ? How much PPI ? How much in charge ?

 

We still do not know what happened to the PPI claim that you made. Who did you make this claim to and what did they do with it ? It is a bit odd trying to claim back the PPI payments, when you actually tried to make a claim against the cover. Did your claim fail, as the PPI cover was missold or was it because your claim was not made within the timescale required ?

 

I wonder whether it might be worth asking the court to suspend or stay anything being done with the bankruptcy, until the many unresolved issues have been looked at, so there is a chance of seeking the annulment. The trustee could start to force the sale of the house, as I noted from the Insolvency service that the trustee normally allows a minimum of 12 months before they seek the sale of a house, so that people can find alternative accommodation.

 

I will try and explain as best i can

 

One i was found bankrupt a trustee allocated by company LOWELL P1 was appointed and from that moment on the £1,666.35 started to incur the trustees debts and her solicitors who act for her debts on top of that i have court fees added by all involved in the case including insolvency and a land registry fee and every letter, phone call, email is also added.

 

On top add every month she adds interest, and building insurance for her part of my equity ......

So from day one of bankruptcy it had gone up to £8,876, then add on costs awarded for court appeal £2,635. this is all approx as i have not had a run down given of factual amounts.

 

Then if she goes on to make a claim on house that will also cost £????? and so it goes on. She knows i have equality of £37.000 she can try and add moneys up to any amount below my equity.

 

the debt of original creditor capone was £850............ this was made by going over £500 limit by £26.32 caused by fees of PPI , card protection fee, cash withdrawal fees, and interest fees i was not aware of in the first week of using card, then they did not take a DD in the next month, so it grew and grew, without my knowledge for 18 months...

 

Unaware of this as never notified, all they took each month was a minimum payments, but, that never covered debt enough by just 2-3 pounds to put me back under the limit? so for 17 months i was never out of default, fees added, PPI added, default fee added, till total owed on card was £ 850.00 This was made up of me spending £440.00 on card....

 

Fees added £360.00 and PPI payments, and card protection £20.00 and others, and includes payments made that have been deducted leaving over due amount £350.... on £500 cred agreed !

 

Hope i have made some headway to your questions above,

 

Kind Regards wendyboats

[wendyboats]

Just a update, Trustee has returned re; to my emails, and has advised i now go through her solicitors for appeal !

 

Any comments as to my next step greatly received, Kind Regards wendyboats xx

[unclebulgaria67]

So your payments of £800 just went towards the interest, fees and charges on the card. Did you actually ever advise Cap1 of your situation and why you were having problems with payments ? If not, it would have been pretty obvious there was a major problem and I wonder whether there are any regulatory rules which required Cap1 to have terminated the account sooner, rather than keep adding more interest and charges.

 

In regard to the Trustee, I am not sure they are being independent. I don't think I would use their Solicitors. I would suggest that you don't reply yet. Wait until you are clearer what the way forward is.

[Wooks001]

The trustee acts for the creditor not the debtor.

 

I am not an expert but I think this matter can only be settled in a higher court, trustee is just fobbing you off.

[wendyboats]

So your payments of £800 just went towards the interest, fees and charges on the card. Did you actually ever advise Cap1 of your situation and why you were having problems with payments ? If not, it would have been pretty obvious there was a major problem and I wonder whether there are any regulatory rules which required Cap1 to have terminated the account sooner, rather than keep adding more interest and charges.

 

In regard to the Trustee, I am not sure they are being independent. I don't think I would use their Solicitors. I would suggest that you don't reply yet. Wait until you are clearer what the way forward is.

 

I was never notified of a problem with card and the situation was not due to me having problems........

I kept them informed where i lived, at time due to me request in activating PPI in April 2007.

 

Because i had sold my Bungalow in divorce settlement and my share of it was £78,000 and that was sitting in same bank as DD was coming out of !in 2007 and it remained in there till dec 2007 when i brought house i have now and that they made bankruptcy order against

 

wendyboats x

[wendyboats]

The trustee acts for the creditor not the debtor.

 

I am not an expert but I think this matter can only be settled in a higher court, trustee is just fobbing you off.

 

Thats what im going to do its the only way this deceit will get uncovered xx

wendyboats x

[wendyboats]

wendyboats would like to clarify that,

 

The time period of capone card opening and closing was... Oct/ 20/2006 and Sept/17/ 2007 During this time i was NOT in financial hardship and my bank account was £78,000 from sale of previous property.

 

This was same account i used to open capone card and make DD payments to capone..........

if i knew what was happening i would have paid the whole card off.

 

Only reason i kept it was i thought PPI and minimum payments was clearing the balance i thought i owed in respect of agreement being only on a £500 loan !

 

Now that £500 credit i applied for in 2006 has cost me around £20,000 so far and counting and thats not including around £800 i paid in DD Payments!

 

Thats what the long and short of it is ! wendyboats needs to lie down ! xx

[steampowered]

I think you need to get in contact with the trustee's solicitor and ask (1) what debt they feel is owing and (2) how that has been calculated. Until you have these details you can't make a sensible assessment of your situation.

[wendyboats]

I think you need to get in contact with the trustee's solicitor and ask (1) what debt they feel is owing and (2) how that has been calculated. Until you have these details you can't make a sensible assessment of your situation.

 

I already requested this yesterday in email to Trustee and advised her of the reasons of.. quoting extracts from the property law ....

The email i got from her today was her response to that and it said..... all correspondence re; Appeal and costs are to go through her solicitors !

 

Thanks for input wendyboats xx

[wendyboats]

Just to update, still no reply from Trustee on email address of her Solicitors......But tonight iv read other threads similar to mine ,one in particular impressed in advice, all be it at his cost, and i wish id read on day one ,regarding giving to much info to lowell P1 in a court dispute...

 

So with this in mind i am also mindful that they will be viewing these forums and try to piece together who is talking about what case .....

 

Its a bit late for me but i will be very careful what i say for a while ,as forewarned is forearmed!! ......

I have kept some info to my advantage that i will indulge later.

 

A strange call did however leave me baffled this evening...out of the blue a call re; my PPI and unfair fees re: Capone card ....

 

The male caller said i had a claim on card and he was aware i was made bankrupt last year but i could now claim it all back?

I declined to discuss at this point as you don't really know who your talking too anymore on phones, but i advised him of appeal and said to call back in a month, strange don't you think??

Wendyboats always suspicious..... xx

[The Mould]

I was never notified of a problem with card and the situation was not due to me having problems........

I kept them informed where i lived, at time due to me request in activating PPI in April 2007. This is evidence for you to prove non-service of claim!

 

Because i had sold my Bungalow in divorce settlement and my share of it was £78,000 and that was sitting in same bank as DD was coming out of !in 2007 and it remained in there till dec 2007 when i brought house i have now and that they made bankruptcy order against

 

wendyboats x

 

Good morning Watson

 

Firstly, Wendy is not seeking to reduce the claimed debt of £35k by making a ppi claim to reduce the same.

 

Watson has, based upon the material posted here thus far, made out a case for annulment of bankruptcy order under s.282(1)(a) on the grounds enumerated below:

 

1. Non-service of claim upon the Defendant - Wendy;

2. Failure of original creditor to serve a valid or otherwise statutory default notice upon the Defendant, which is a prerequisite statutory requirement imposed upon all creditors to enforcement proceedings;

3. Mis-sold ppi on the credit agreement, which means that amount stated in the claim and subsequent statutory demand is wholly factually incorrect.

 

In these circumstances, art.6 of Human Rights has been contravened, in that the Defendant was deprived of her right to a fair hearing on this matter.

 

In my considered opinion, Wendy has substantial grounds to seek annulment of the bankruptcy Order made against her under s.282(1)(a) of the Insolvency Act 1986.

 

The trustee will of course direct you Watson to put your concerns (as stated earlier in this thread) to her solicitors, who will be only to happy to oblige your contentions/assertions based upon the facts of this matter (this will mean more money for the Sols), however, you are quite right as regards not to provide the trustee ore her instructed sols with too much info as to your position and the evidence that you rely upon!

 

As regards the "out of the blue" communication that you have received in respect of your ppi claim, my advice is - contact this company/entity and request that they put all correspondence to you relating to your ppi claim in writing only!!!! (this will provide you with further documentary evidence in support of your Appeal to annul the bankruptcy Order).

 

Further to the above, if all payments to Cap One were being made by DD, how did the claimed arrears occur on the credit agreement? (do not take offence Watson, I am out here on these moors with you (as I am sure others are) simply trying to obtain all facts/circumstances to this matter)

 

Kind regards

 

The Mould

[wendyboats]

H all... i've managed to gain knowledge about clause 4. in Capone ref; in Notice of Default they alleged they sent on 17/8/2008...

 

It ref: At anytime they can electronically look at credit limit,under this agreement and either lower the credit limit... and will give notice in writing within 7 days of any decrease and inform you how much credit you have left, tell you of any extra charges added !

 

Its been hard to make out but thats what it says.......... So now i'm left wondering why did they wait as appears in the defence that it took the 17 months to inform me when their statements given in evidence show i did that in month 1? and they appear to have waited till it reach a target just above the limit to Bankrupt me !

 

No wonder their shrinking the Original credit agreements !! wendyboats xx

[wendyboats]

Welcome back my friend..wendy boats is getting weary and Doctors are concerned i fear my health too is deteriorating with this blatant injustice i have been living, but i am so grateful to have you and the others picking through this mess.....

 

Do i understand your question here.....I only used card for one month, and spent £440 and as i did not know at first about all the first months addons ,the charges took me over £500 limit, by £26.23...... then it appears they never took a payment in the next month, why i have no clue, and by the time the 3rd month came i'm over limit and incurring charges........so my MINIMUM payment from the start never covered enough to stop all the fees being added for 17 months,

 

I moved house in the 3rd month, and if any notice was made at my address i never got it, but no evidence of that shows they did as all the statements they have are not addressed to me, or at any address it only has my name and account number they state is mine.

 

But i did contact them twice, they knew where i was living,but chose to just carry on letting the account default enough to bankrupt me at a later date ! I had no clue anything was wrong as its common for Capone not to send statements when account is healthy and thats what i blindly assumed.

 

Hope that is the answer you meant wendyboats will wait for the Moulds Excellent advice xx

[wendyboats]

I Feel..... i need a legal to help take burdon but so far got no where i have contacted one by email today, i know i must not say name..watson x

[AndyOrch]

" as its common for Capone not to send statements when account is healthy"

 

It is a requirement of the T&Cs to send monthly statements irrespective of its status...unless its on-line banking and paperless.

 

Regards

 

Andy

[wendyboats]

" as its common for Capone not to send statements when account is healthy"

 

It is a requirement of the T&Cs to send monthly statements irrespective of its status...unless its on-line banking and paperless.

 

Regards

 

Andy

 

I don't know but mine as i understood it was not online banking? But it might be their angel in court andyorh so good point.

What i seem to read from the small T/C is they will write as and when needed especially if the amount of credit originally agreed is defaulted xx

[The Mould]

Do i understand your question here.....I only used card for one month, and spent £440 and as i did not know at first about all the first months addons ,the charges took me over £500 limit, by £26.23...... then it appears they never took a payment in the next month, why i have no clue, and by the time the 3rd month came i'm over limit and incurring charges........so my MINIMUM payment from the start never covered enough to stop all the fees being added for 17 months,

 

The they (Cap one) are at fault, there appears to be no valid reason as to why the DD's were not collected, clearly you were not at fault for this, the responsibility can only lay upon the shoulders of Cap one and their administration procedures in the daily running of your account!

 

Godzilla

 

Kind regards

 

The Mould

[unclebulgaria67]

I wonder whther Cap1 stopped collecting payments by Direct Debit, when the PPI claim was submitted ?

 

As I have mentioned a few times on this thread, you really need to obtain all the information that Cap1 have. A full SAR, with all statements, copies of all documents on file and copies of all system information including notes made on the account.

[wendyboats]

Do i understand your question here.....I only used card for one month, and spent £440 and as i did not know at first about all the first months addons ,the charges took me over £500 limit, by £26.23...... then it appears they never took a payment in the next month, why i have no clue, and by the time the 3rd month came i'm over limit and incurring charges........so my MINIMUM payment from the start never covered enough to stop all the fees being added for 17 months,

 

The they (Cap one) are at fault, there appears to be no valid reason as to why the DD's were not collected, clearly you were not at fault for this, the responsibility can only lay upon the shoulders of Cap one and their administration procedures in the daily running of your account!

 

Godzilla

 

Kind regards

 

The Mould

 

Yes i agree and i'm getting more angry every day as this case unfolds....... the thought that i could still lose my house, and the case, as judges don't care ,as stated on these forums, i have been stitched up like a kipper xx