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

[Ganymede]

Any news?

[The Mould]

Just read this thread from the beginning,

 

can't believe it!

 

Keep up your fighting spirits Wendy, you've done well to get this far.

 

Your strength has increased day by day from this forum especially with all the help posted here.

 

I am so pleased you have the support of a local solicitor.

 

 

Stay positive, those nasty trustees/lowells know you have a case that will go against them,

but at least you are not on your own now.

 

My thoughts are with you.

 

Nice to hear from the Mould, hope you are feeling better.

 

Thank you Kayyak, unfortunately, I am still quite unwell, diagnosis still not established as of date hereof, this limits my ability to post, which causes me the most amount of frustration as I would like to help as many people as possible with the problems they face.

 

At least with CAG, there are hundreds of good people around to offer superb help, advice and support to the thousands that are calling out for help.

 

Watson, sorry for the minor hijack on your case. How are you old boy (I know you are a woman)? Are you in a position to deliver some good news for all of us who are waiting in anticipation for such, I can wait Watson, because based upon the science of inductive reasoning, the decisions that have been made against you thus far are illogical, when one takes into account the facts of this case that is.

 

Kind regards

 

The Mould

[Kayyak]

Sorry to jump in but would The Mould mind revisiting my old Halix thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405122-Halifax-sold-account-whilst-in-agreed-payment-plan-now-with-Lowell/page2

[Desperate Daniella]

Hi The Mould,

 

I am so sorry you are still unwell. We know you always do as much as you can to help on CAG, and you have been absolutely wonderful to wendyboats.

 

I hope you get a diagnosis and feel better soon, and I hope we hear something positive from wendyboats too.

 

Hugs to you both.

 

DD

[wendyboats]

Hi The Mould,

 

I am so sorry you are still unwell. We know you always do as much as you can to help on CAG, and you have been absolutely wonderful to wendyboats.

 

I hope you get a diagnosis and feel better soon, and I hope we hear something positive from wendyboats too.

 

Hugs to you both.

 

DD

 

Hi everyone sorry not replied earlier but my computer played up again so had it updated.

 

No i have no news, i'm sure solicitors will be in touch when they have news to give, i know they are very busy with lots of other cases like mine so i will wait a bit longer before i contact them again, and i trust them to get on with things.

 

Thankyou all for keeping my thread in your thoughts, wendyboats appreciates you are all as anxious as me for updates on this thread.

[The Mould]

Sorry to jump in but would The Mould mind revisiting my old Halix thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405122-Halifax-sold-account-whilst-in-agreed-payment-plan-now-with-Lowell/page2

 

Will do, as soon as I can dear friend.

 

Kind regards

 

The Mould

[The Mould]

Hi The Mould,

 

I am so sorry you are still unwell. We know you always do as much as you can to help on CAG, and you have been absolutely wonderful to wendyboats.

 

I hope you get a diagnosis and feel better soon, and I hope we hear something positive from wendyboats too.

 

Hugs to you both.

 

DD

 

Thank you very much indeed my dear fellow. I am really fighting against an illness that I do not understand. I have some medication to help me through each day, but the meds do not even take the edge of this thing. I have been really frightened sometimes and each day I face fear that I am unable to defeat. I am really having the most, the fight of my life.

 

Sorry Watson for the above, don't lose your faith in me, because I never leave any fellow CAG's members side until their matter is resolved.

 

Is it just me, or do we all wish that there was a superman on this earth who would do everything right and free us all from the chains that have us enslaved?

 

Hang on in their Watson, I shall not fail you, it will be a case of death to me first before your enemy ever succeeds against you, I am in front of you, by your side, behind you and all around you.

 

Kind regards

 

The Mould

[Kayyak]

I am in front of you, by your side, behind you and all around you.

 

That's Mould for you!!!

[The Mould]

That's Mould for you!!!

 

Kayyak, make a post on your case and all recent developments thereon in order to bring your case to the front of this forum.

 

Kind regards

 

The Mould

[wendyboats]

Thank you very much indeed my dear fellow. I am really fighting against an illness that I do not understand. I have some medication to help me through each day, but the meds do not even take the edge of this thing. I have been really frightened sometimes and each day I face fear that I am unable to defeat. I am really having the most, the fight of my life.

 

Sorry Watson for the above, don't lose your faith in me, because I never leave any fellow CAG's members side until their matter is resolved.

 

Is it just me, or do we all wish that there was a superman on this earth who would do everything right and free us all from the chains that have us enslaved?

 

Hang on in their Watson, I shall not fail you, it will be a case of death to me first before your enemy ever succeeds against you, I am in front of you, by your side, behind you and all around you.

 

Kind regards

 

The Mould

 

Evening The Mould

Thank you for your message above, its just what i needed right now, Watson is always amazed at how you know when i need you by my side:hug:

 

Watson is very low this night as so hoped i would have heard news from my legal team......

 

I came home this evening and my neighbour informed me a man was sat in a car opposite my house taking photos, i think maybe this would be for the impending sale wanted by trustee?

 

Watson hopes and prays to hear soon as still so worried, and is so comforted by The Mould and all the caggers kind messages, but at the moment i shall just have to hang tight! xxxxxxxxx

[Ganymede]

I came home this evening and my neighbour informed me a man was sat in a car opposite my house taking photos

 

 

 

Sounds like an estate agent doing a drive by valuation of your property.

 

No word from your solicitors?

[The Mould]

Evening The Mould

Thank you for your message above, its just what i needed right now, Watson is always amazed at how you know when i need you by my side:hug:

 

Watson is very low this night as so hoped i would have heard news from my legal team......

 

I came home this evening and my neighbour informed me a man was sat in a car opposite my house taking photos, i think maybe this would be for the impending sale wanted by trustee?

 

Watson hopes and prays to hear soon as still so worried, and is so comforted by The Mould and all the caggers kind messages, but at the moment i shall just have to hang tight! xxxxxxxxx

 

Watson, what are your solicitors doing for you on this matter? Have they sent trustee's sols of your intention to appeal?

 

What about a stay of execution in this matter, until the Court of Appeal have considered all evidence in support of the same?

 

Hold on dear Watson,, climb on board the carriage, even though you suffer from MS secondary progressive, you will find comfort in that carriage, the horses will not be spurred and you will arrive at a place that you have only been able to dream of - justice.

 

Kind regards

 

The Mould

[wendyboats]

Watson, what are your solicitors doing for you on this matter? Have they sent trustee's sols of your intention to appeal?

 

What about a stay of execution in this matter, until the Court of Appeal have considered all evidence in support of the same?

 

Hold on dear Watson,, climb on board the carriage, even though you suffer from MS secondary progressive, you will find comfort in that carriage, the horses will not be spurred and you will arrive at a place that you have only been able to dream of - justice.

 

Kind regards

 

The Mould

 

Bad news........................Yesterday after waiting all week a letter arrived from legal team informing me due to trustee giving me only 14 days before applying to sell has left them no time to appeal..........I AM LEFT NOW WITH NO WHERE TO TURN AND HAVE WASTED A MONTH!

 

Also my computer cashed and irreparably so had to borrow money to get new one, that's why i have only just been able to update.

 

Any ideas greatly received :shock:wendyboats

[unclebulgaria67]

Make an urgent query with your local MP.

 

You need to be able lodge some form of stay on the trustee being able to do anything while an appeal is done. Perhaps ask the Solicitors whether this is possible and what the cost would be, before you contact your MP.

[wendyboats]

Make an urgent query with your local MP.

 

You need to be able lodge some form of stay on the trustee being able to do anything while an appeal is done. Perhaps ask the Solicitors whether this is possible and what the cost would be, before you contact your MP.

 

Thank you i will do this asap

[The Mould]

Bad news........................Yesterday after waiting all week a letter arrived from legal team informing me due to trustee giving me only 14 days before applying to sell has left them no time to appeal..........I AM LEFT NOW WITH NO WHERE TO TURN AND HAVE WASTED A MONTH!

 

Also my computer cashed and irreparably so had to borrow money to get new one, that's why i have only just been able to update.

 

Any ideas greatly received :shock:wendyboats

 

Ask you sols to make an application to Court of Appeal for extension of time for appealing the bankruptcy Order. First thing on Monday morning Watson.

 

Kind regards

 

The Mould

[The Mould]

It is not over yet Watson. Instruct your sols to make that said application under CPR Pt 52 r.52.6(1).

 

I will now spend sometime on research on this and post up any case law that you can give your sols to rely upon.

 

Kind regards

 

The Mould

[The Mould]

Watson,

Firstly, request that your sols make an urgent applicationunder CPR Pt 25 seeking an injunction against the trustee preventing him fromtaking any action in relation to your property until such time as your appealhas been decided upon.

Kind regards

The Mould

[The Mould]

Back later as regards authorities on out of time/late applications to appeal.

 

Hang on in there Watson.

 

Kind regards

 

The Mould

[wendyboats]

Back later as regards authorities on out of time/late applications to appeal.

 

Hang on in there Watson.

 

Kind regards

 

The Mould

 

Thank you The Mould

 

Watson is beside herself with worrier and can not understand their turn around with little or no explanation?? I have no solicitors now? who will do this and who do i ask??

[The Mould]

Thank you The Mould

 

Watson is beside herself with worrier and can not understand their turn around with little or no explanation?? I have no solicitors now? who will do this and who do i ask??

 

Rule 52.6 Variationof time (for appeal)

52.6

(1) An application to vary the time limit for filing anappeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or timelimit set by—

(a) these Rules;

(b) Practice Direction 52; or

© an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend orshorten the time for compliance with any rule, practice direction or courtorder (even if an application for extension is made after the time forcompliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bringforward a hearing.)

Consequences ofrefusal to extend time

52.6.1 If a circuit judge or a High Court judge declines toextend time for appealing against the decision of a lower court, that decisiondoes not have the same finality as a refusal of permission to appeal. Thedisappointed party may (if they obtain permission) appeal against the decisionthat time should not be extended. See Foenander v Bond Lewis & Co [2001]EWCA Civ 759; [2002] 1 W.L.R. 525.

The practical consequences of this decision need to be bornein mind by judges dealing with applications under r.52.6(1). These consequenceswere spelt out by Brooke L.J. in Foenander at para.19:

"The logic of this decision is that if a circuit judgeor a High Court judge sitting in an appeal court has the choice of disposing ofa belated and unmeritorious appeal either by refusing to extend time forappealing or by refusing permission to appeal, he/she should bear in mind thattaking the latter course will bring the appellate proceedings to an end. Theadoption of the former course, on the other hand, may entail further expenseand delay while a challenge is launched at a higher appeal court against thedecision not to extend time for appealing."

Criteria to beapplied on applications to extend time

52.6.2 On applications under r.52.6 to extend time forappealing after expiry of the time limit, it is necessary to have regard to thechecklist in r.3.9. This is because the applicant has not complied withr.52.4(2) and, in the absence of relief, the applicant will be unable toappeal: see Sayers v Clarke Walker [2002] EWCA Civ 645 at [21]; [2002] 1 W.L.R.3095. In cases where the arguments for granting or refusing an extension oftime are otherwise evenly balanced, the court should evaluate the merits of theproposed appeal in order to form a judgment on what the applicants will belosing if time is not extended: see Sayers v Clarke Walker at [34]. In Smith vBrough [2005] EWCA Civ 261 the Court of Appeal, in the course of refusing toextend time by 39 months, stressed the importance of finality in litigation.

In Smith v Kvaerner Cementation Foundations Ltd [2006] EWCACiv 242; [2007] 1 W.L.R. 370 the claimant was granted permission to appeal,despite his delay of four years in applying to the Court of Appeal. Theparamount consideration in that case was that the claimant at trial had beendenied his right under ECHR art.6 to a fair hearing before an independent andimpartial tribunal. There was also a good explanation for his failure to pursuean appeal earlier. (my empathise added, i.e. nonservice of claim, therefore, you were denied your right to a fair hearing, novalid statutory default notice served, therefore, no proof of creditor’sentitlement to relief claimed, disproportionate costs of over £35k claimed asincurred by trustee in relation to £1,600.00 odd debt claimed, which has neverbeen established as due and owing as of date of bankruptcy Order)

If an application to extend time for appealing is made intime (i.e. it is made prospectively), then r.3.9 does not apply: see thereasoning of the Court of Appeal in Robert v Momentum Services Ltd [2003] EWCACiv 299; [2003] 2 All E.R. 74.

Where, in an appeal brought under a statute, the time limitfor filing the notice of appeal is fixed, not by r.52.4, but by the statuteitself, the court may lack power to extend that limit under r.3.1(2)(a); seepara. 52.4.1.1 above.

You need to discuss CPR Pt 25 freezing injunction (withoutnotice and urgent) against the trustee against any action on your property,make application to High Court Judge, and the above extension to appeal applicationunder CPR Pt 52 Variation of time under r.52.6(1) with your sols as a matter ofurgency on Monday morning.

Report back here on Monday Watson and update us on thismatter.

Kind regards

The Mould

[The Mould]

What happened to your sols?

 

Kind regards

 

The Mould

[wendyboats]

Rule 52.6 Variationof time (for appeal)

52.6

(1) An application to vary the time limit for filing anappeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or timelimit set by—

(a) these Rules;

(b) Practice Direction 52; or

© an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend orshorten the time for compliance with any rule, practice direction or courtorder (even if an application for extension is made after the time forcompliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bringforward a hearing.)

Consequences ofrefusal to extend time

52.6.1 If a circuit judge or a High Court judge declines toextend time for appealing against the decision of a lower court, that decisiondoes not have the same finality as a refusal of permission to appeal. Thedisappointed party may (if they obtain permission) appeal against the decisionthat time should not be extended. See Foenander v Bond Lewis & Co [2001]EWCA Civ 759; [2002] 1 W.L.R. 525.

The practical consequences of this decision need to be bornein mind by judges dealing with applications under r.52.6(1). These consequenceswere spelt out by Brooke L.J. in Foenander at para.19:

"The logic of this decision is that if a circuit judgeor a High Court judge sitting in an appeal court has the choice of disposing ofa belated and unmeritorious appeal either by refusing to extend time forappealing or by refusing permission to appeal, he/she should bear in mind thattaking the latter course will bring the appellate proceedings to an end. Theadoption of the former course, on the other hand, may entail further expenseand delay while a challenge is launched at a higher appeal court against thedecision not to extend time for appealing."

Criteria to beapplied on applications to extend time

52.6.2 On applications under r.52.6 to extend time forappealing after expiry of the time limit, it is necessary to have regard to thechecklist in r.3.9. This is because the applicant has not complied withr.52.4(2) and, in the absence of relief, the applicant will be unable toappeal: see Sayers v Clarke Walker [2002] EWCA Civ 645 at [21]; [2002] 1 W.L.R.3095. In cases where the arguments for granting or refusing an extension oftime are otherwise evenly balanced, the court should evaluate the merits of theproposed appeal in order to form a judgment on what the applicants will belosing if time is not extended: see Sayers v Clarke Walker at [34]. In Smith vBrough [2005] EWCA Civ 261 the Court of Appeal, in the course of refusing toextend time by 39 months, stressed the importance of finality in litigation.

In Smith v Kvaerner Cementation Foundations Ltd [2006] EWCACiv 242; [2007] 1 W.L.R. 370 the claimant was granted permission to appeal,despite his delay of four years in applying to the Court of Appeal. Theparamount consideration in that case was that the claimant at trial had beendenied his right under ECHR art.6 to a fair hearing before an independent andimpartial tribunal. There was also a good explanation for his failure to pursuean appeal earlier. (my empathise added, i.e. nonservice of claim, therefore, you were denied your right to a fair hearing, novalid statutory default notice served, therefore, no proof of creditor’sentitlement to relief claimed, disproportionate costs of over £35k claimed asincurred by trustee in relation to £1,600.00 odd debt claimed, which has neverbeen established as due and owing as of date of bankruptcy Order)

If an application to extend time for appealing is made intime (i.e. it is made prospectively), then r.3.9 does not apply: see thereasoning of the Court of Appeal in Robert v Momentum Services Ltd [2003] EWCACiv 299; [2003] 2 All E.R. 74.

Where, in an appeal brought under a statute, the time limitfor filing the notice of appeal is fixed, not by r.52.4, but by the statuteitself, the court may lack power to extend that limit under r.3.1(2)(a); seepara. 52.4.1.1 above.

You need to discuss CPR Pt 25 freezing injunction (withoutnotice and urgent) against the trustee against any action on your property,make application to High Court Judge, and the above extension to appeal applicationunder CPR Pt 52 Variation of time under r.52.6(1) with your sols as a matter ofurgency on Monday morning.

Report back here on Monday Watson and update us on thismatter.

Kind regards

The Mould

 

But don't i need solicitor to do this or can i do it Mould? Watson is confused.....but appreciates all that is being done yet again to help me x

[wendyboats]

I am looking at solicitors again on web and found a couple who work on every aspect of this case, am going to email them, fingers crossed:typing:

[The Mould]

I am looking at solicitors again on web and found a couple who work on every aspect of this case, am going to email them, fingers crossed:typing:

 

 

Yes Watson

You can undertake both of these applications yourself,firstly an application seeking a freezing injunction against the trustee inrelation to and disposition of your property – CPR Pt 25 and, secondly, anapplication to the Court of Appeal seeking a variation of time to appeal thejudgement – under CPR Pt 52 r.52.6(1).

However, both of these applications involve substantivelegal admin and serious research on your part as regards understanding the lawon both (please do not be offended by this comment Watson). I am not very well at present time, if I wasin full health, I would spend entire weekend drafting everything you need tofile to Court on this matter, sadly, I cannot commit to such a task due to myhealth issues.

I don’t know what to say to you Watson, I don’t want to failyou, this system we live in is cruel and harsh and unjust to good people suchas yourself, I have been a victim of it and it almost destroyed me. The feeling of uselessness towards thesituation you face is devastating for me Watson.

If you cannot instruct sols to act for you as a matter ofurgency, then let the trustee take what she wants, her victory will be shortlived, whereas, you are destined for a better place where no one will be sickand you will walk among the fields of gold with all your family and friends andno person living in this new place will ever suffer from any pain or sadness,you will be eternally happy.

If I had the money this jackal’s daughter wants from you,then I would not hesitate to pay the beast.

I sincerely hope that you will take some comfort from thisposting, you will see me in the new place and you will know me there, for I tellyou, you have always known me.

Kind regards

The Mould