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

[unclebulgaria67]

Do you now have a Solicitor who is able to take this forward for you ?

 

All comments are positive, even those that question or suggest other options. If they were all positive, it might be similar to lemmings rushing in one direction, without questioning whether the direction of travel was the best one.

[wendyboats]

Do you now have a Solicitor who is able to take this forward for you ?

 

All comments are positive, even those that question or suggest other options. If they were all positive, it might be similar to lemmings rushing in one direction, without questioning whether the direction of travel was the best one.

 

Good point and thats why i said thank you for all comments as many brains make all issues that could arise in my COA. I have been contacted by 5 in answer to your question, and i am more hopeful of a proper legal looking into this case. xx

[wendyboats]

Just had another phone call, new strait away it was phoney tried to cut off phone but it would not let me for a few seconds, now i have another Track Fed Ex package by tel. 00158524390,

 

Should i go to police? this is 3 now since i started using Forum ?? Can anyone advise what i should do xx

[Ganymede]

For some up to date information on relief from sanctions under CPR 3.9 see here. Unfortunately the case law The Mould copied and pasted is out dated.

 

 

 

https://www.google.co.uk/url?sa=t&source=web&cd=1&ved=0CCgQFjAA&url=http%3A%2F%2Fwww.clerksroom.com%2Fcontent-downloads-count.php%3Fid%3D454&ei=eVQ0Uq-kFpK4hAe90IG4DA&usg=AFQjCNEPmiazGg_6Qb0881JTljg6nUqkdg&bvm=bv.52164340,d.ZG4

[unclebulgaria67]

Just had another phone call, new strait away it was phoney tried to cut off phone but it would not let me for a few seconds, now i have another Track Fed Ex package by tel. 00158524390,

 

Should i go to police? this is 3 now since i started using Forum ?? Can anyone advise what i should do xx

 

I think you have a virus on your computer due to something you have clicked on. Perhaps an email attachement that contained a link. If you have then added any information using the attachment in the link, this may be why you are receiving the calls.

 

I have never had any virus or calls related to using this forum. But I receive bogus emails related Fed Ex parcels and Paypal failed transactions etc. But these bogus emails are nothing to do with using CAG. They are just sent to most peoples email addresses and you just have to avoid clicking into them.

[Ganymede]

I think you have a virus on your computer due to something you have clicked on. Perhaps an email attachement that contained a link. If you have then added any information using the attachment in the link, this may be why you are receiving the calls.

 

I have never had any virus or calls related to using this forum. But I receive bogus emails related Fed Ex parcels and Paypal failed transactions etc. But these bogus emails are nothing to do with using CAG. They are just sent to most peoples email addresses and you just have to avoid clicking into them.

 

 

 

Agreed. Just ignore them and never open or click on a link in an email that claims to be from a bank etc either.

 

I get spam emails all the time asking for me to enter my bank account details to verify my account for banks I've never had any dealings with.

[unclebulgaria67]

For some up to date information on relief from sanctions under CPR 3.9 see here. Unfortunately the case law The Mould copied and pasted is out dated.

 

 

https://www.google.co.uk/url?sa=t&source=web&cd=1&ved=0CCgQFjAA&url=http%3A%2F%2Fwww.clerksroom.com%2Fcontent-downloads-count.php%3Fid%3D454&ei=eVQ0Uq-kFpK4hAe90IG4DA&usg=AFQjCNEPmiazGg_6Qb0881JTljg6nUqkdg&bvm=bv.52164340,d.ZG4

 

I don't particularly understand all of this. But post Jackson appears to be about court directions not being followed. In the OP's case there appears to have been a deliberately late provision of evidence, which really was a disdvantage. I think a Solicitor would need to look at all the previous court paperwork to be able to properly put an appeal together.

[Ganymede]

I don't particularly understand all of this. But post Jackson appears to be about court directions not being followed. In the OP's case there appears to have been a deliberately late provision of evidence, which really was a disdvantage. I think a Solicitor would need to look at all the previous court paperwork to be able to properly put an appeal together.

 

 

 

It's not only for directions, it's for things like being out of time to appeal etc.

 

The salient points are:

 

"In dismissing both applications DJ Molle was at pains to point out to the claimants that since 1 April 2013, the rules of the game had changed dramatically. He noted that previously the courts had frequently indulged lackadaisical and sloppy behaviour by claimants, saying that they made mistakes but in the interests of justice the claim should continue. However, such behaviour would no longer be tolerated. This was not an issue of windfalls to the defendant, it was an issue about compliance with the orders of the court. Now orders must be complied with to the letter, or there will be a high price to pay. The expressed intention was that solicitors had to be taught a stiff lesson, and that the courts were quite happy to see "blood on the carpet" until they got the message. To allow the application for relief in these two cases would mean that Lord Jackson might just as well not have bothered with his reforms.

 

DJ Molle reiterated the three golden rules of litigation post 1 April:

 

1. Comply with all orders, rules and practice directions.

 

2. Comply with all orders, rules and practice directions.

 

3. If you cannot comply then apply within time for extra time to comply.

 

The message from this judge is clear and uncompromising. In the future parties can only expect to obtain relief from sanctions in exceptional circumstances. Solicitors will need to adapt and sharpen their procedures to deal with this new reality or face the consequences of having claims struck out and paying compensation to their clients for their negligent failure to comply timeously with orders, rules and practice directions.

 

In the case of Mannion v Ginty [2012] EWCA Civ 1667, The Court of Appeal, via the judgment of Lord justice Lewison at [18], took the trouble to deliver an obiter warning of the Jackson changes to come by stating: “It has also been said, not least by Jackson LJ, that the culture of toleration of delay and noncompliance with court orders must stop.”

 

It seems that judges are enthusiastically embracing their new power and are up for the fight. There will indeed be "blood on the carpet" for those who fail to follow the golden rules in the new Jackson era."

Edited September 14, 2013 by Ganymede

[wendyboats]

I have printed off details of all calls and numbers used and i will be going to police station to tell them i believe these SPAM Viruses and tracker device has been put on by someone involved in my case, i believe this because of something that was said by first caller who pretended to be from CAPONE, an put tracker on the phone, something he said that could only have come from one person who knew it and that is the Trustee

 

I am very very scared by these 3 calls and why this spyware has been put on my computer and phones, in light of what i also found out today after a visit from someone, was also the reason i have decided to go to the police.

 

I will not be disclosing anything on here about my case again until i have settled it. I also have been told you need computer switched on and usually caller will say he is from Microsoft and you have a fault, and could you turn on computer, but in each case no one asked me that, i believe it would be because they new i was on computer via this web site, as its always happens when i'm using this forum??

 

If this message is not put on here i will understand, and i wish to assure everyone who has posted on here, am not accusing anyone who posted on here .

[Ganymede]

I have printed off details of all calls and numbers used and i will be going to police station to tell them i believe these SPAM Viruses and tracker device has been put on by someone involved in my case, i believe this because of something that was said by first caller who pretended to be from CAPONE, an put tracker on the phone, something he said that could only have come from one person who knew it and that is the Trustee

 

I am very very scared by these 3 calls and why this spyware has been put on my computer and phones, in light of what i also found out today after a visit from someone, was also the reason i have decided to go to the police.

 

I will not be disclosing anything on here about my case again until i have settled it. I also have been told you need computer switched on and usually caller will say he is from Microsoft and you have a fault, and could you turn on computer, but in each case no one asked me that, i believe it would be because they new i was on computer via this web site, as its always happens when i'm using this forum??

 

If this message is not put on here i will understand, and i wish to assure everyone who has posted on here, am not accusing anyone who posted on here .

 

 

 

 

You are being paranoid. Your creditors or trustee have nothing at all to do with any computer viruses you may have.

 

Also, this website has nothing to do with your calls or emails.

 

You have clearly clicked on a link in an email or something that has given your computer a virus.

 

With respect the Police probably won't be interested or even able to help and I wouldn't waste your time.

[wendyboats]

Just to update.......... Police did not think i was paranoid,but thanks for input.

 

All systems are go..i have more than i need in way of legal .... and i will update in due course.

 

I have kept a lot of info back from this open forum and it was well advised, but i have gained what i needed and i thank you all, special thanks to the Mould who gave me the Law.

 

ALL UPDATES from me will be given as facts...good or bad... wendyboats is grateful to this forum for being available to get advice and guidance, for this you should congratulate yourselves xx

[wendyboats]

You are being paranoid. Your creditors or trustee have nothing at all to do with any computer viruses you may have.

 

Also, this website has nothing to do with your calls or emails.

 

You have clearly clicked on a link in an email or something that has given your computer a virus.

 

With respect the Police probably won't be interested or even able to help and I wouldn't waste your time.

 

With all due respect , How could you possibly know that ????????????

[unclebulgaria67]

With all due respect , How could you possibly know that ????????????

 

Wendy, as this is a public forum, we can only go on what we are told and draw conclusions from it.

 

I agree that it is suspicious that you have received a call about PPI from a company who knew about the Cap1 account and bankruptcy. So you could be correct that the trustee or someone dealing with you, has passed on your information.

 

Wishing you well with your fight against this unnecessary bankruptcy, which seems to have been caused in part by Cap1 messing up with your PPI claim and stopping DD payment collection.

 

Agree with you that you are best to now only deal with your local Solicitors and keep any information away from a public forum.

[Ganymede]

With all due respect , How could you possibly know that ????????????

 

 

Your CCJ and bankruptcy are now a matter of public record.

 

There are companies that regularly check the register of judgments and speculatively email, txt and call on the off chance they will get lucky. It's not right but just the way it is.

 

What did the Police have to say?

[wendyboats]

Evening all wendyboats here for update...

 

Police have already established that the last call i got re; spyware was............" MY Brother" .. I have not heard from him in a long while and he has moved to london area code...0207.... which is a code that has come up in the spyware lists , I have been talking to my Brother for hours; its been 3+ years since we have spoken..( he is a CID officer) God is looking down on me !!

 

Do i feel a fool yes !! Do i think i'm paranoid ??? May be...

 

But having said this, the Capone call and one other incident are being treated as suspicious by Police, and the good news is contact at this time from my big brother !!

 

So the moral of my story so far..... We were all right !! wendyboats will update with Kind Regards CAG

[wendyboats]

wendyboats with update

 

Investigation ongoing and very serious regarding Social worker....

 

I have now got legal rep and she is very, very good!

 

On another note i still have no confirmation regarding letters i sent using CAG mailing service, yet the £10 x 2 fees included for all paperwork has come out of account using paypal, can Admin kindly check please.

 

Kind regards CAGGERS,

 

wendyboats continues to tell everyone to use this forum in all areas of lifes ups and downs xx

[The Mould]

Ganny, as regards the cases cited here by you to a link froman ‘article’ produced througha Google search in respect of CPR Pt 3 r3.9, notwithstanding that such articlerefers to recent cases concerning relief from sanctions under the new CPR Pt 3 r3.9provisions as handed down by the Courts that heard the submissions thereon;none of the same are comparable to the circumstances of Wendy’s case as postedhere by her.

In Wendy’s case, the material posted here by her clearlystates that their was no service of the claim by the creditor; Wendy was notresiding at her normal place of residence and that she had informed hercreditor(s) of this; notwithstanding that, the creditor issued his claim andincorrectly (and in my opinion, deliberately) disregarded Wendy’s informationas to her temporary place of residence for the purposes ofcommunication/correspondence with the creditor and the creditor placed Wendy’s address for service on theclaim form (N1) as her said normal place of residence.

Wendy was not served the claim, the creditor obtainedjudgment in default and sought to enforce the same against her by way ofstatutory demand, which must obviously have been served at Wendy’s said normalplace of residence and of course which the creditor knew she was not residingat that time.

Bankruptcy petition followed and the creditor, (through hisdownright underhand and dishonest conduct) succeeded.

The issues in this case, to my mind are:

1. Non-service of claim, therefore, contraventionof art.6 of ECHR;

2. No valid or otherwise service of statutorydefault notice, therefore, contravention of s87(1) of CCA 1974 (as amended); noevidence of creditor’s entitlement to proceeding to enforce the regulatedagreement;

3. Mis-sold ppi on the credit agreement, therefore,amount claimed as due and owing on the non-served claim is wholly factuallyincorrect; and

4. The amount stated on the statutory demand, whichagain, was not served, is wholly factually incorrect and absent of any evidenceas to the creditor’s entitlement to such.

Given the above facts and the period of time that haselapsed, we are beyond relief from sanctions under the CPR Pt 3 r3.9. Wendy sought annulment of bankruptcy Order,she was represented by professional trained litigators, but they failed her,the first hearing at that point should have been seeking relief under CPR Pt 3r3.9, the sanction being judgment in default upon which the relief was sought.

The judge who sat that hearing refused to accept thearguments presented by Wendy’s instructed sols and her counsel, however, thesubmissions made by her reps were based on non-proof of debt claimed, thesesubmissions were clearly wrong and the judge based his/her decision on the sameand also did not accept that Wendy was not served with claim.

Wendy, can you please provide us with the judge’s reason(s)as to why he did not accept that the claim was not served on you?

I understand that you wish to refrain from posting too muchinfo, for the reasons which you have given, which I and I am sure othersunderstand.

I am very pleased to hear that you have a properprofessional advisor/rep on board and I sincerely wish you the very best ofgood fortune with your case. Please postback here, when you can, and update us on this matter.

Kind regards

The Mould

[The Mould]

Wendy - Watson

 

Do you have any evidence to show that you informed the creditor that you were not residing at your normal address and that you did in fact provide a different to him if he should wish to contact you regarding your account with him? This could provide you with sufficient evidence as regards non-service of claim.

 

Your subject access requests ("SAR") may turn up some further positive evidence for you.

 

Kind regards

 

The Mould

[Ganymede]

I think you are missing my point and the impact of CPR 3.9.

 

How is Wendy going to get around the fact that she is now out of time to appeal?

 

If you read the article from the Barrister I posted it gives very recent and up to date case law from the post Jackson era.

 

You will see that the new CPR 3.9 is being strictly and harshly applied by judges and they have been trained to come down hard on parties not complying with deadlines and breaches of the CPR.

 

Before you can argue your points about non service etc you need to consider the above.

[The Mould]

You are right; the Courtsare applying CPR Pt 3 r.3.9 strictlyand harshly, however, postJackson reforms, the Courts are still, howver, required to consider: Rule3.9 Relief from sanctions

3.9

(1) On an application for relief from any sanction imposedfor a failure to comply with any rule, practice direction or court order, thecourt will consider all the circumstances of the case, so as to enableit to deal justly with the application, including the need—(myempathise added)

(a) for litigation to be conducted efficiently and atproportionate cost; and

(b) to enforce compliance with rules, practice directionsand orders.

(2) An application for relief must be supported by evidence.(Bear in mind that Wendy is an untrainedlitigant who acts in person and her instructed sols at the time (the so-calledappeal) may well have failed her, again, my emphasis added).

All of the grounds that I have posted above now need to beput to the Court of Appeal requesting permission to appeal original judgmentout of time, because non-service of the claim on its own provides Wendy withsufficient grounds to seek a set aside. Not only is this a procedural error under the CPR but it is also acontravention of art.6 of ECHR.

Kind regards

The Mould

[The Mould]

Under the CPR Pt 3 r3.9 provisions, how can, in your opinionGanny, the Court hold Wendy to be held in failure of a rule, practice directionor Court Order, namely CPR Pt 12, when the claim was never served on her in thefirst instance?

It appears to my mind anyway, that the lower Court judge hasdismissed this case without providing a proper and fair reason(s) forsuch. That is the fundamental problemfaced by all untrained litigants who act in person – it’s a bloody judgelottery and I do not agree with reforms that are harsh and unjust which onlyensure that the commoner is denied his right to access to a Court and his rightto present his case in order that the proper Administration of Justice isserved to all and seen as being served to all.

As I said earlier, based upon the matters posted here byWendy, which I believe, because I can sense that she speaks with conviction –meaning that it is clear to me that Wendy is speaking the truth,notwithstanding her “cog fog” that her neurologists refers to.

It is clear to me that the creditor has taken unfairadvantage of the consumer (what another bloody surprise). The one thing that I am uncertain of is howWendy fell into arrears with this account, because Wendy has clearly statedthat all payments to the creditor were made and being made by Direct Debit andthat Wendy received no notice either from her Bank or the creditor as to anyproblems regarding such monthly payments to this particular account.

Wendy, Watson as I say, are you able and indeed willing toshed any light on the above or on any of the recent posts here so that we allknow and are furnished with a better understanding of your case?

If you cannot post on the grounds stated here in earlierposts by you, then I understand Watson.

Kind regards

The Mould

At 221b

[Ganymede]

If I knew that The Mould I would be in a much more important job than I am now.

[wendyboats]

Ganny, as regards the cases cited here by you to a link froman ‘article’ produced througha Google search in respect of CPR Pt 3 r3.9, notwithstanding that such articlerefers to recent cases concerning relief from sanctions under the new CPR Pt 3 r3.9provisions as handed down by the Courts that heard the submissions thereon;none of the same are comparable to the circumstances of Wendy’s case as postedhere by her.

In Wendy’s case, the material posted here by her clearlystates that their was no service of the claim by the creditor; Wendy was notresiding at her normal place of residence and that she had informed hercreditor(s) of this; notwithstanding that, the creditor issued his claim andincorrectly (and in my opinion, deliberately) disregarded Wendy’s informationas to her temporary place of residence for the purposes ofcommunication/correspondence with the creditor and the creditor placed Wendy’s address for service on theclaim form (N1) as her said normal place of residence.

Wendy was not served the claim, the creditor obtainedjudgment in default and sought to enforce the same against her by way ofstatutory demand, which must obviously have been served at Wendy’s said normalplace of residence and of course which the creditor knew she was not residingat that time.

Bankruptcy petition followed and the creditor, (through hisdownright underhand and dishonest conduct) succeeded.

The issues in this case, to my mind are:

1. Non-service of claim, therefore, contraventionof art.6 of ECHR;

2. No valid or otherwise service of statutorydefault notice, therefore, contravention of s87(1) of CCA 1974 (as amended); noevidence of creditor’s entitlement to proceeding to enforce the regulatedagreement;

3. Mis-sold ppi on the credit agreement, therefore,amount claimed as due and owing on the non-served claim is wholly factuallyincorrect; and

4. The amount stated on the statutory demand, whichagain, was not served, is wholly factually incorrect and absent of any evidenceas to the creditor’s entitlement to such.

Given the above facts and the period of time that haselapsed, we are beyond relief from sanctions under the CPR Pt 3 r3.9. Wendy sought annulment of bankruptcy Order,she was represented by professional trained litigators, but they failed her,the first hearing at that point should have been seeking relief under CPR Pt 3r3.9, the sanction being judgment in default upon which the relief was sought.

The judge who sat that hearing refused to accept thearguments presented by Wendy’s instructed sols and her counsel, however, thesubmissions made by her reps were based on non-proof of debt claimed, thesesubmissions were clearly wrong and the judge based his/her decision on the sameand also did not accept that Wendy was not served with claim.

Wendy, can you please provide us with the judge’s reason(s)as to why he did not accept that the claim was not served on you?

I understand that you wish to refrain from posting too muchinfo, for the reasons which you have given, which I and I am sure othersunderstand.

I am very pleased to hear that you have a properprofessional advisor/rep on board and I sincerely wish you the very best ofgood fortune with your case. Please postback here, when you can, and update us on this matter.

Kind regards

The Mould

 

Wehdyboats will try and give you answers above,

 

I have no proof of contact to Capone due to moving 4 times in 2007, and unless they have records of calls made then its lost, my only comment would be, i didn't sop payments for 17 months and believed a PPI on card was paying some as well as my DD, i never herd a thing, nor have any come to light,on the record sheets of account their is no address given? Yet in there defence they say they sent two default notices to my address in 2008...

 

At no time did they attempt to take more DD to cover first couple of months over limit spent infact it was £2.00 shy of being enough in the fist 2 DD.

 

 

Yet it shows they took £80.00 one month because of Return of DD... Yet i had £78,000 in my bank ?

 

The judge read from BW Legals defence word for word that .....How could i not possibly get any letters as seen in pile over the years? And surly if i knew i was staying away that long i should have changed my postal address!

 

She believed Lowells had proved the debt and, every one has a sob story, its a part of life, but not a reason to shirk responsibilities of money owed.........Or words to that effect.

 

Kind Regards to you x

[wendyboats]

Under the CPR Pt 3 r3.9 provisions, how can, in your opinionGanny, the Court hold Wendy to be held in failure of a rule, practice directionor Court Order, namely CPR Pt 12, when the claim was never served on her in thefirst instance?

It appears to my mind anyway, that the lower Court judge hasdismissed this case without providing a proper and fair reason(s) forsuch. That is the fundamental problemfaced by all untrained litigants who act in person – it’s a bloody judgelottery and I do not agree with reforms that are harsh and unjust which onlyensure that the commoner is denied his right to access to a Court and his rightto present his case in order that the proper Administration of Justice isserved to all and seen as being served to all.

As I said earlier, based upon the matters posted here byWendy, which I believe, because I can sense that she speaks with conviction –meaning that it is clear to me that Wendy is speaking the truth,notwithstanding her “cog fog” that her neurologists refers to.

It is clear to me that the creditor has taken unfairadvantage of the consumer (what another bloody surprise). The one thing that I am uncertain of is howWendy fell into arrears with this account, because Wendy has clearly statedthat all payments to the creditor were made and being made by Direct Debit andthat Wendy received no notice either from her Bank or the creditor as to anyproblems regarding such monthly payments to this particular account.

Wendy, Watson as I say, are you able and indeed willing toshed any light on the above or on any of the recent posts here so that we allknow and are furnished with a better understanding of your case?

If you cannot post on the grounds stated here in earlierposts by you, then I understand Watson.

Kind regards

The Mould

At 221b

 

Wow Well said you

 

I paid for 17 months DD payments as agreed, on £500 credit...i never knew, and it was never explained that i actually signed up for £440.00 credit and £80.00 in fees to be taken with in days of using card...

 

I never knew i was over as explained above, i lived at address i claimed at for 3 months and i never got one letter, or call, or email?

 

They let me carry on giving them DD which were only short by a mere £2-3 for the first few months ,and did not take any at all the month after i defaulted? this is all in their own evidence?

 

Regards

[wendyboats]

I feel its best i now rest my weary head and wake tomorrow knowing iv got a brilliant legal team fighting my corner and i will update here when i can...

 

For i fear wendyboats......or more preferred Watson, sherlocks right hand man needs to look after herself as all of this has taken its toll on me and i am fearful of ill health again, as my beautiful Grandson needs Nanny to be strong ...

 

So i thank you all, and i promise i will post when i can, but for now i need to concentrate on him again xxxxxx Watson will be back xxxwendyboats going to sleep