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

[wendyboats]

Wendyboats.

 

This is an article that is worth reading and keeping in mind. It concerns challenging trustees renumeration. If you read the conclusions, there may be grounds for your ex to challenge, if it is in his interest to do so.

 

http://www.9stonebuildings.com/publications/jc_trustees_remuneration.shtml

 

 

I looked at this and I shall get my ex-husband to read tonight, so he can consider his options. Wendyboats thanks you for link x

[wendyboats]

Could this be it.

 

http://www.justice.gov.uk/complaints/ospt

 

Looked at link Wooks and will discuses this, and Unclebulgaria link with my Ex tonight,and again thank you for your help. xx

[wendyboats]

Just this second another email from "TRUSTEE" Saying and I quote......."Wendy just ask MR ...... to speak to MR ......(her solicitors) Please."

 

I even sent the solicitor details of contact info for ex, about an hour ago ?? What do you think of this ?? Wendyboats needs advice pleases xx

[unclebulgaria67]

Just this second another email from "TRUSTEE" Saying and I quote......."Wendy just ask MR ...... to speak to MR ......(her solicitors) Please."

 

I even sent the solicitor details of contact info for ex, about an hour ago ?? What do you think of this ?? Wendyboats needs advice pleases xx

 

Must be kept in writing. I would suggest getting your ex to email her again, advising that all communications must be in writing.

[wendyboats]

Must be kept in writing. I would suggest getting your ex to email her again, advising that all communications must be in writing.

 

Thanks Unclebulgaria ,I have spoken to ex-husband and have sent Trustee as advised and in his words that he requests all in writing and is not prepared to contact Trustee or her Solicitors by phone, and as stated in his email sent on Friday of the 26th of October.

 

Wendyboats can not believe how her emails now contain Please and Thank you as this woman has been so rude in and arrogant in her other emails ?

[Wooks001]

Maybe she has realised you can't be bullied/threatened anymore, and her conduct hasn't been as good as it should have been.

[wendyboats]

Maybe she has realised you can't be bullied/threatened anymore, and her conduct hasn't been as good as it should have been.

 

Yes I agree Wooks, some of her emails are very upsetting by their contents, and matter of fact attitude, and almost gloating about what she intends and here growing fees !

 

I am still waiting to show ex-husband todays events and will update soon Regards Wendyboats x

[wendyboats]

OK update...........Ex-husband has his own legal council, and today they have advised him that, due to my case being high profile, and extremely concerning re: Trustees conduct, he is well advised, at this stage, to see what the trustees next move will be before any decision is made by them !

 

I have to accept this as its not my decision to make, but I must admit I am too ! Wendyboats will continue to update xx

[The Mould]

OK update...........Ex-husband has his own legal council, and today they have advised him that, due to my case being high profile, and extremely concerning re: Trustees conduct, he is well advised, at this stage, to see what the trustees next move will be before any decision is made by them !

 

I have to accept this as its not my decision to make, but I must admit I am too ! Wendyboats will continue to update xx

 

Watson

 

I have nothing further to add at this stage that hasn't already been said. Hang on in there, correspondence should now be exchanged between your ex husband's sols and trustee's sols, this will provide a much clearer picture for you as regards trustee's intentions.

 

Kind regards

 

The Mould

 

Who is still watching this matter

[wendyboats]

Watson

 

I have nothing further to add at this stage that hasn't already been said. Hang on in there, correspondence should now be exchanged between your ex husband's sols and trustee's sols, this will provide a much clearer picture for you as regards trustee's intentions.

 

Kind regards

 

The Mould

 

Who is still watching this matter

 

Thank you Mouldy, I have just this instant received email from Trustee Sols, and it says all they want to do is speak to him so that they can find a resolve to get the money that is owed to the creditor, and to them without going for a forced sale, but if my ex-husband dose not want to discuses alternatives then that is their intentions. We still do not have a total of this, except around about £20,000 +

 

The problem I have, is my ex-husband knows I never owed this money and has tried to help me by paying the last sols in the first case, and now he is as I am worried who to trust.

 

He feels as I do that to agree or talk about a payment means we accept we owe the debt and I do not so ? Also if we get into negotiating a fee and it fails we would not be able to challenge this case in high court ? Please advice if you could kind Sir, Watson needs steering in right direction on this. x

[The Mould]

Thank you Mouldy, I have just this instant received email from Trustee Sols, and it says all they want to do is speak to him so that they can find a resolve to get the money that is owed to the creditor, and to them without going for a forced sale, but if my ex-husband dose not want to discuses alternatives then that is their intentions. We still do not have a total of this, except around about £20,000 +

 

The problem I have, is my ex-husband knows I never owed this money and has tried to help me by paying the last sols in the first case, and now he is as I am worried who to trust.

 

He feels as I do that to agree or talk about a payment means we accept we owe the debt and I do not so ? Also if we get into negotiating a fee and it fails we would not be able to challenge this case in high court ? Please advice if you could kind Sir, Watson needs steering in right direction on this. x

 

Tell your husband to state that he is indeed willing to discuss this matter, but given the seriousness of the same, for the sake of completeness he is only will to discuss their clients' intentions in writing only, which he does not consider to be unreasonable to make this such request, rather, it appears that their client is the party who is acting unreasonably and if she was indeed to committed to finding a resolve to this matter without any need to force a sale of the property, as alleged by her, then she would put such proposals in writing for him to consider and respond to.

 

In the light of the foregoing, he respectfully awaits to receive their clients' written proposals by return to resolve this matter as per her email dated (put date) sent to my wife Mrs x timed at (put time).

 

Tell your husband to send this correspondence to the sols acting for trustee and not to the trustee.

 

In the event of no such written proposals to resolve this matter as indicated by your client being forthcoming, I reserve my right to disclose the contents herein attached to my witness statement containing my legitimate objections to any sale of the property in question.

 

Further to the above, I am taking legal advice as to obtaining a freezing injunction against your client on the grounds that my ex-wife is going to lodge an appeal to the Court of Appeal seeking an annulment of the bankruptcy order on substantive grounds.

 

In respect of the above, please confirm your clients' intentions in writing, unequivocally, without any further unreasonable delay.

 

Yours faithfully

 

Mr Watson

 

CC. Mrs Watson

 

Kind regards

 

The Mould

[wendyboats]

Thank you Mouldy kind Sir, I will do this and on ex-Hub return tonight I will show him post and set this in motion. I forgot to add their are 9 downloads attached to his email, but it dose not say or refer to what they are? I am very weary at opening attachment as I had two Trojans put on old computer, and that caused it to crash, put it in for repair and fixed now,I was advised the Trojans were the kind that extract information from my emails and personal data.

 

I have asked him to enlighten me to their contents, Email bounced back he is away now till Friday? Watson is so grateful you are watching out for me xx

[wendyboats]

Tell your husband to state that he is indeed willing to discuss this matter, but given the seriousness of the same, for the sake of completeness he is only will to discuss their clients' intentions in writing only, which he does not consider to be unreasonable to make this such request, rather, it appears that their client is the party who is acting unreasonably and if she was indeed to committed to finding a resolve to this matter without any need to force a sale of the property, as alleged by her, then she would put such proposals in writing for him to consider and respond to.

 

In the light of the foregoing, he respectfully awaits to receive their clients' written proposals by return to resolve this matter as per her email dated (put date) sent to my wife Mrs x timed at (put time).

 

Tell your husband to send this correspondence to the sols acting for trustee and not to the trustee.

 

In the event of no such written proposals to resolve this matter as indicated by your client being forthcoming, I reserve my right to disclose the contents herein attached to my witness statement containing my legitimate objections to any sale of the property in question.

 

Further to the above, I am taking legal advice as to obtaining a freezing injunction against your client on the grounds that my ex-wife is going to lodge an appeal to the Court of Appeal seeking an annulment of the bankruptcy order on substantive grounds.

 

In respect of the above, please confirm your clients' intentions in writing, unequivocally, without any further unreasonable delay.

 

Yours faithfully

 

Mr Watson

 

CC. Mrs Watson

 

Kind regards

 

The Mould

 

Mouldy thank you xx

[wendyboats]

Mouldy thank you xx

 

Email sent by ex-husband who also wishes to thank you Mouldy, We will update when we get the response from the Sols. Watson still on the case xx

[The Mould]

Email sent by ex-husband who also wishes to thank you Mouldy, We will update when we get the response from the Sols. Watson still on the case xx

 

 

Good stuff Watson, please forgive me, but you and ex-hubby must put all issues between you aside and work as a team in order to defeat this incredibly nasty trustee, surely your ex hubby recognises that this is the case, there once was a time when you was his family and he yours, so please Watson encourage your ex to help you, I am certain that he is a good man and that he will stand by your side in the face of this evil that is affecting both of your lives. Together, you are stronger and I believe that you both have faced a menace before and defeated it.

 

Kind regards

 

The Mould

 

Who continues to watch your case Watson.

[wendyboats]

Good stuff Watson, please forgive me, but you and ex-hubby must put all issues between you aside and work as a team in order to defeat this incredibly nasty trustee, surely your ex hubby recognises that this is the case, there once was a time when you was his family and he yours, so please Watson encourage your ex to help you, I am certain that he is a good man and that he will stand by your side in the face of this evil that is affecting both of your lives. Together, you are stronger and I believe that you both have faced a menace before and defeated it.

 

Kind regards

 

The Mould

 

Who continues to watch your case Watson.

 

Yes Mouldy, we are still very good friends, we have 5 children, and 11 Grandchildren,he moved in to support our Grandson who was 6 at time,we are "Kinship" Foster carers , We remain a very close family, after all we Divorced each other, not the children ! 32 years is along time to just dismiss !

 

No word from Sols, all very quiet at moment, I think its the lull before the storm, but we are ready to do battle with you're kind help and advice...... Watson is forever indebted to you Mouldy, you gave me strength to fight on and for that I am truly grateful xx

[The Mould]

Then you have nothing to fear anymore Watson. The light will shine and you and yourex-husband will have all the answers that you need.

I was not able to view the default notice relied upon by thecreditor, can you please post it up again and can you please shed some light asto how your bank refused to honour the monthly payments due under the creditagreement to the original credito when, according to your posts, you hadssufficient funds in your account to honour your obligations to the originalcreditor on this account. Something hasgone wrong here, you are not at fault for such, so we must establish theroot that has caused all this trouble foryou.

Take your time in providing your response to the above; itis not my intention to place you under pressure.

Kind regards

The Mould

You have said thank you, and that is a great reward to receive.

[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.

 

 

I was looking back at some earlier posts and there is something which I believe must be looked into. You need copies of all the statements from Cap1 to do this. But it seems there may be an issue of Cap1 not following relevant FSA rules regarding the running of this account. You say that you made payments totalling £800, but due to interest, charges, PPI payments, the amount you borrowed on the card £440 spriraled up to a debt of nearly £900. This would appear to indicate that Cap1 let the account run a long time, while they applied the interest and charges, before it went into default, leading to termination.

 

I cannot believe that Cap1 followed the FSA rules on the running of this account, based on the information in this thread. Perhaps if they had done, it would have never got anywhere near the £750 threshold for bankruptcy. I am not an expert on FSA rules, but I believe that if you showed all of the statements, letters etc issued by CAP1 during the period to someone expert in banking rules, they might be able to spot issues which could help with any appeal.

[wendyboats]

sorry having trouble with this, am not to hopeful let me know what am doing wrong please!

[AndyOrch]

Upload ok

[wendyboats]

Thanks guys but iv really made a mess of it tonight going to go to bed shortly and do it in morning night:madgrin: all xxxx

[wendyboats]

I was looking back at some earlier posts and there is something which I believe must be looked into. You need copies of all the statements from Cap1 to do this. But it seems there may be an issue of Cap1 not following relevant FSA rules regarding the running of this account. You say that you made payments totalling £800, but due to interest, charges, PPI payments, the amount you borrowed on the card £440 spriraled up to a debt of nearly £900. This would appear to indicate that Cap1 let the account run a long time, while they applied the interest and charges, before it went into default, leading to termination.

 

I cannot believe that Cap1 followed the FSA rules on the running of this account, based on the information in this thread. Perhaps if they had done, it would have never got anywhere near the £750 threshold for bankruptcy. I am not an expert on FSA rules, but I believe that if you showed all of the statements, letters etc issued by CAP1 during the period to someone expert in banking rules, they might be able to spot issues which could help with any appeal.

 

I will do this tomorrow and I agree and do not understand any of it kind regards to you xx

[wendyboats]

Then you have nothing to fear anymore Watson. The light will shine and you and yourex-husband will have all the answers that you need.

I was not able to view the default notice relied upon by thecreditor, can you please post it up again and can you please shed some light asto how your bank refused to honour the monthly payments due under the creditagreement to the original credito when, according to your posts, you hadssufficient funds in your account to honour your obligations to the originalcreditor on this account. Something hasgone wrong here, you are not at fault for such, so we must establish theroot that has caused all this trouble foryou.

Take your time in providing your response to the above; itis not my intention to place you under pressure.

Kind regards

The Mould

You have said thank you, and that is a great reward to receive.

 

So sorry I will reply tomorrow my uploads have caused me grief and taken up my night, please forgive me Mouldy xx

[The Mould]

You are forgiven Watson and no need to feel that you need forgiveness.

 

I shall await the upload of your default notice and also look out for any news from your ex-husband. I am very pleased to hear that you are still very good friends and that he is supporting you, his actions are a shining example for your children and grandchildren.

 

Kind regards

 

The Mould

[wendyboats]

hope this better everyone xx