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

[wendyboats]

Mouldy rechecked paper work and the above is spot on and fact, but I have sent request for a oral hearing and variation of time, as you quoted I should do earlier, am I using the above for a appeal if its granted ?

 

 

Kindest regards WB AKA Watson still on the case with dearest friend Mouldy xx

[unclebulgaria67]

Wendy

 

Re the mobile phone contracts, presumably your bank can confirm that you have never had any Direct Debit Authority for the mobile companies concerned. You claim that you have never had any such contracts and the mobile companies say that they don't have any paperwork.

 

Perhaps an SAR to Lowells about the debts might reveal what information they received about the debts.

[wendyboats]

Wendy

 

Re the mobile phone contracts, presumably your bank can confirm that you have never had any Direct Debit Authority for the mobile companies concerned. You claim that you have never had any such contracts and the mobile companies say that they don't have any paperwork.

 

Perhaps an SAR to Lowells about the debts might reveal what information they received about the debts.

 

 

I have already requested all above Uncale b ,

 

 

As I never had a contract for either mobile, its understandable why they do not have this, WB X

[unclebulgaria67]

I have already requested all above Uncale b ,

 

 

As I never had a contract for either mobile, its understandable why they do not have this, WB X

 

I think you need to dig into this a bit more. You have been advised that they have no information about a contract, because they don't keep information that long. Most companies keep archived records for up to 20 years or more. It is just that staff will only look at available records. If they really had to, they would also check archives.

 

If any of these were with Vodafone, Lee the CAG site rep for Vodafone, may be willing to help.

[unclebulgaria67]

Wendy

 

Another question. What was the approx period between the date the SD was served and the bankruptcy petition ?

[Mike_hawk]

Extract below UB........ it does appear the petition was in time

 

We refer to the Statutory Demand issued against you on 1

December 2011 and served on you on 16 December 2011 by way of

Substituted Service. You have failed to reply to this Statutory

Demand and therefore a Bankruptcy Petition was issued against you

on 13 April 2012 which is listed for hearing on 7 June 2012 at

11:00.

[The Mould]

Watson,

If your creditor has not served on you a valid default notice pursuant to s.87(1) CCA 1974 (as amended)………………… - then, old boy, he is not recognised by the Court as being an entity that has standing (legal grounds old boy) before the Court that has a right to bring the action complained of!!!!!! - If these are the facts to your case, ……. then, the bankruptcy Order against you must be annulled!!!!!!!. Under s.282(1) of the Insolvency Act 1986…. as creditor was not entitled under statute to bring and enforce his claim!

Contact the Information Commissioners Office (“ICO”) and request the full UK postal address details of the Compliance Managers details relating to the two mobile phone Co’s. Send your written “SAR” which includes the requisite £10 fee off to the same. Report back here when they respond.

Hang on Watson, I am really trying to help you, as all Cag members.

Godzilla

The Mould

[wendyboats]

Watson,

 

 

If your creditor has not served on you a valid default notice pursuant to s.87(1) CCA 1974 (as amended)………………… - then, old boy, he is not recognised by the Court as being an entity that has standing (legal grounds old boy) before the Court that has a right to bring the action complained of!!!!!! - If these are the facts to your case, ……. then, the bankruptcy Order against you must be annulled!!!!!!!. Under s.282(1) of the Insolvency Act 1986…. as creditor was not entitled under statute to bring and enforce his claim!

 

 

Contact the Information Commissioners Office (“ICO”) and request the full UK postal address details of the Compliance Managers details relating to the two mobile phone Co’s. Send your written “SAR” which includes the requisite £10 fee off to the same. Report back here when they respond.

 

 

 

Hang on Watson, I am really trying to help you, as all Cag members.

 

 

Godzilla

 

 

The Mould

 

 

Evening Mouldy sorry for late reply to above,

 

 

I sent off the request for a Variation and Oral hearing on Monday and put what you advised prior to above, I hope I have not messed up ?

 

 

Regards two mobile phones I sent off SAR last year as advised here on forum, Also the Solicitor requested same, but nothing has been sent ?

 

 

Lowell's and BW Legal said as much as its not available now, and kind of half admitted they never would, but then back tracked and said it was not needed as I did not defend claim at first hearing, and Judge agreed ? Can you advise me on above please.

 

 

Also thanks Mike and Uncle b for above input.

 

 

Regards WB aka Watson still on the case.............But weary xxxxxxxxxxx

[unclebulgaria67]

Evening Mouldy sorry for late reply to above,

 

 

I sent off the request for a Variation and Oral hearing on Monday and put what you advised prior to above, I hope I have not messed up ?

 

 

Regards two mobile phones I sent off SAR last year as advised here on forum, Also the Solicitor requested same, but nothing has been sent ?

 

 

Lowell's and BW Legal said as much as its not available now, and kind of half admitted they never would, but then back tracked and said it was not needed as I did not defend claim at first hearing, and Judge agreed ? Can you advise me on above please.

 

 

Also thanks Mike and Uncle b for above input.

 

 

Regards WB aka Watson still on the case.............But weary xxxxxxxxxxx

 

Wendy

 

As Mould suggests I think you will have to contact the ICO to make a complaint that the 2 mobile companies have not completed your Data Protection Act Subject Access Requests properly and you are facing very serious consequences as a result. Make them fully aware of what you are facing and ask the ICO to make urgent requests to the 2 mobile companies to look again at the SAR's you previously sent them, seeing if any data is held in your name. If there is no record of any debt or contracts in your name, ask that the Data Protection Officer at the mobile companies to confirm this in writing, so that it may be provided to the court.

[wendyboats]

Hi all Update,

 

 

I have a Oral Hearing granted at Chancery Division on the 20th June , no time given as yet. Also have RE; Requested SAR for T Mobile and Hutchinson's formally Orange I believe.

 

 

Also yesterday EX Husband E mailed trustee for a up to date run down of all moneys she will be requesting from my Equity, As we have had no word from her since October 2013. Her Solicitor E mailed back to inform us she is on holiday, and informed us he is not entirely sure precisely what information we require , and could my EX phone him to discus what it is we Precisely require !

 

 

E mailed him again to enlighten him, only to receive email saying he is away till Tuesday. Resent him E mail requesting same on his return first thing Tuesday via e mail or letter.

 

 

I am also seeking the help of a barrister to represent me. Kind regards To CAG, Wendyboats AKA Watson still on the case.

[unclebulgaria67]

Wendy

 

If you have already paid £10 for an SAR to these phone companies and they did not do them properly, you should not have to pay again. Hence the reason why I suggested that you contact the ICO to see if they would intervene. They may be willing to contact the Data Protection Officers at these companies to make urgent requests for the information needed, given that it will be needed for your court hearing.

 

If you can prove that you never had these phone contracts and Lowells have made a massive mistake in including them for bankruptcy, I think a barrister would make a really good argument that the bankruptcy should be annulled, without you being liable for any of the costs, including the trustee in bankruptcy costs.

 

Good news about the oral hearing.

[Mike_hawk]

Hi Wendy

 

Pleasing to see it has responded so quickly... Onward and upward!

[wendyboats]

Wendy

 

If you have already paid £10 for an SAR to these phone companies and they did not do them properly, you should not have to pay again. Hence the reason why I suggested that you contact the ICO to see if they would intervene. They may be willing to contact the Data Protection Officers at these companies to make urgent requests for the information needed, given that it will be needed for your court hearing.

 

If you can prove that you never had these phone contracts and Lowells have made a massive mistake in including them for bankruptcy, I think a barrister would make a really good argument that the bankruptcy should be annulled, without you being liable for any of the costs, including the trustee in bankruptcy costs.

 

Good news about the oral hearing.

 

Hi Uncle b, all of above already consider, spent a while going through ICO website and options available and its all sent.

 

 

Yes I am very please to be granted a Oral hearing, and family member paying for a barrister.

 

 

Thanks for input Wendy x

[wendyboats]

Hi Wendy

 

Pleasing to see it has responded so quickly... Onward and upward!

 

 

Thank you Mike, I feel it really might be ! Wendyx

[Guest]

 

Yes I am very please to be granted a Oral hearing, and family member paying for a barrister.

 

 

 

hi wendy

sounds good, a chance for your case to be heard higher up?

[Ganymede]

Hi all Update,

 

 

I have a Oral Hearing granted at Chancery Division on the 20th June , no time given as yet. Also have RE; Requested SAR for T Mobile and Hutchinson's formally Orange I believe.

 

 

Also yesterday EX Husband E mailed trustee for a up to date run down of all moneys she will be requesting from my Equity, As we have had no word from her since October 2013. Her Solicitor E mailed back to inform us she is on holiday, and informed us he is not entirely sure precisely what information we require , and could my EX phone him to discus what it is we Precisely require !

 

 

E mailed him again to enlighten him, only to receive email saying he is away till Tuesday. Resent him E mail requesting same on his return first thing Tuesday via e mail or letter.

 

 

I am also seeking the help of a barrister to represent me. Kind regards To CAG, Wendyboats AKA Watson still on the case.

 

 

 

Good news about the oral hearing.

 

Is this to hear your application for relief from sanctions for failing to appeal in time?

[Mike_hawk]

I believe it should be the appeal of the br order itself, it's the final stab at it and can be granted on request if rejected on the papers alone. If the judge (on reading the papers) believes there is no merit in your case s/he wouldn't normally grant relief to a hearing.

 

Wendy, have you been directed to serve papers in advance of the hearing?

[wendyboats]

hi wendy

sounds good, a chance for your case to be heard higher up?

 

 

 

Sorry Ford you slipped past me I think ? thank you for post fingers crossed Wendyx

[wendyboats]

Good news about the oral hearing.

 

Is this to hear your application for relief from sanctions for failing to appeal in time?

 

 

I am not sure but I have to attend not BW legal ? I am going through court papers from Chancery courts in London I think I might need to up load all of them as I think I have two cases going at same time ????????????

 

 

Will up date tomorrow on this wendy x

[wendyboats]

I believe it should be the appeal of the br order itself, it's the final stab at it and can be granted on request if rejected on the papers alone. If the judge (on reading the papers) believes there is no merit in your case s/he wouldn't normally grant relief to a hearing.

 

Wendy, have you been directed to serve papers in advance of the hearing?

 

 

As mentioned Mike I am very confused at this stage, and will upload court orders tomorrow for you all to read, but I think I have a appeal to original bankruptcy going at same time as a appeal to appeal out of time ??????????? Wendyx

[Mike_hawk]

As mentioned Mike I am very confused at this stage, and will upload court orders tomorrow for you all to read, but I think I have a appeal to original bankruptcy going at same time as a appeal to appeal out of time ??????????? Wendyx

 

Hi Wendy

 

The two matters are combined, much like your letter to chancery requesting relief to be heard.

[skyler11]

Great !!! a big steap in the right direction . I WISH YOU ALL THE LUCK " As this ordeal i wouldnt wish on anybody as things just get worse. :whoo:Xx

[wendyboats]

Hi Wendy

 

The two matters are combined, much like your letter to chancery requesting relief to be heard.

 

 

OK...........Mike so this is a good thing yes????????? I am hopeful that I have secured a brilliant Barrister and a family member is helping the costs, I am now unable to sleep going over and over their paper work and the more I look the worse it gets for them !

 

 

I KNOW AT END OF DAY ITS POINTS OF LAW THAT WIN CASES, But I really can only assume its the lower courts who seem to be letting this happen ??

 

 

Like I have said regardless of outcome this law needs changing and I will fight win or loose ! Night wendxx aka Watson still on the case x

[wendyboats]

Great !!! a big steap in the right direction . I WISH YOU ALL THE LUCK " As this ordeal i wouldnt wish on anybody as things just get worse. :whoo:Xx

 

 

 

Thank you skyler11................I think ??

[wendyboats]

I believe it should be the appeal of the br order itself, it's the final stab at it and can be granted on request if rejected on the papers alone. If the judge (on reading the papers) believes there is no merit in your case s/he wouldn't normally grant relief to a hearing.

 

Wendy, have you been directed to serve papers in advance of the hearing?

 

 

I was if you remember on 19th Feb, given 7 days to serve papers by Judge Pursuing the Appeal file, which I did as asked ?? wendyxx