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

[Desperate Daniella]

Hi wendyboats,

 

This is absolutely shocking. I'm going to see who is around who can help you. Clearly your solicitor has been useless. The claim should have been thrown out in the first instance.

 

As you have said, you couldn't make it up.

 

DDx

[Desperate Daniella]

This is such a mess. As you did not know of the original court case and could not attend the hearing that judgment should have been set aside. Your solicitor really did not represent you properly.

 

I'm sure you'll get some good advice soon.

[Desperate Daniella]

They should never have been allowed to get away with it in the first place. Unfortunately so much as happened since then it's going to be very complicated to unravel it back to the beginning.

[Desperate Daniella]

So is there any chance of having the original judgment set aside? If it can be set aside then surely everything else that has occurred as a result of it should be too?

[Desperate Daniella]

I've alerted a couple more people who might have some ideas, but I think you may have to instruct a very competent lawyer to resolve this as it's gone so far. That would probably be cheaper than selling your house and paying that £22,000+

 

Let's wait and see what others say.

[Desperate Daniella]

Not everyone who might help you is here every day, but I hope there will be more input soon.

 

However, it is very complicated and you really may have to get a good lawyer because I'm not certain that as a litigant in person you will be able to cope with the legal arguments in front of a judge.

[Desperate Daniella]

Unfortunately you just can't say it was fraudulent and get everything dropped.

 

The Particulars of Claim were wrong so you had a Defence there.

 

You did not know about the Hearing so the Judgment should have been set aside. I don't know what your lawyer was doing. The set aside hearing should have been just that, with you being given more time to prepare a proper Defence.

 

You may be able to complain about the Judge, but you will not be able to do that on your own because you need someone who can make the right legal arguments to get the original case and the subsequent bankruptcy set aside.

 

A lot of people who have some legal knowledge have looked at your thread today and the fact that they have not commented means that it is probably beyond most people here to give specific advice. There are some others who may help, but if they can't you really will have to try and find the money - family loan? - to instruct someone to act for you otherwise you are in great danger of losing your house.

 

What has happened is shocking and I would hope there is some action that can be taken but you really may need to (somehow) pay for proper legal representation.

[Desperate Daniella]

It is a very good idea to try and get a pro bono lawyer.

 

As unclebulgaria says above, it is absolutely ludicrous that an unproved debt of around £1,500 could result in such extortionate costs and your possibly losing your home.

[Desperate Daniella]

The two agreements would be part of your Defence against the original judgment. Lowell will send out anything and say it's "your" agreement.

 

But, the main issue here is to get that Judgment set aside. That has to come first, before defending the Claim.

[Desperate Daniella]

The bankruptcy was based on that faulty Judgment. To cancel the bankruptcy you'll have to go backwards. I know it is expensive but you really are going to need a good lawyer here - solicitor or direct access barrister - to argue this for you.

[Desperate Daniella]

No its the absolutely same word for word except for date and signatures and yet the security bar codes at bottom are the same?? impossible

right??

 

But i do take on board your comments to me and feel this would be the only way to go and i thank you for that:hug:

 

Because DCAs use reconstituted copies of agreements and often 'cut and paste' the bits they want to use, it is not at all surprising that you will get two different versions of an alleged agreement. What Lowells have done here by lumping three alleged debts together should not have been allowed, but they got away with it by playing dirty and that is what they do. They'll use any tactics they can to get money. They got lucky because you missed the original hearing and there was no defence.

 

A couple of the legal guys are looking at your thread this morning and I'm sure they will have some thoughts.

 

Hugs,

 

DD

[Desperate Daniella]

Have you phoned the Pro-Bono legal people yet ? If not, I would suggest you do this asap.

 

I agree. You need to get someone to act for you as soon as possible.

 

DCAs do mess around with documents. You can argue that later. The main thing is to get this unravelled.

[Desperate Daniella]

There is also a child who will have to go into care if this is not resolved and I do not think the Trustee is giving enough weight to this.

[Desperate Daniella]

What does your ex-husband think about all this as joint owner of the property? If you are forced into a quick sale then he will also lose money.

[Desperate Daniella]

I don't know enough about bankruptcy, but the Official Receiver is involved in every bankruptcy and I don't understand how the Trustee can be appointed by Lowells. I thought the Court appointed a Trustee as Alloyz says above.

 

A Trustee in a bankruptcy is appointed to represent the interests of ALL creditors; they can't work for just one. Were any other creditors informed of your bankruptcy?

 

I am wondering if you should call the Insolvency Service helpline. Have you tried them before?

[Desperate Daniella]

As I said I really don't know enough about this but I do think you should phone the Insolvency Service and ask about this Trustee and the costs she is quoting.

 

http://www.bis.gov.uk/insolvency

[Desperate Daniella]

You really must phone Law Works as soon as you can and get a solicitor to help you with this.

[Desperate Daniella]

Make sure you are totally happy with the solicitor. Did you get one through Law Works? They are usually good. Make sure they are experienced in this kind of case.

 

If the solicitor is not 100% confident they can get this sorted out then you need to get someone else. You will get one shot at this so you must get someone really good and experienced who is willing to take on that judge if necessary. You need a real fighter here.

 

Hope to hear good news later.

 

DDx

[Desperate Daniella]

Hi wendyboats,

 

We are all very happy to help you. What has happened to you is so appalling. It's jaw-dropping, for want of a better word.

 

I hope the new solicitor can sort it out for you. It's terrifying that an alleged debt of £1,500 ish can result in someone about to lose their home.

 

Keep fighting. We are right with you.

 

DD

[Desperate Daniella]

Okay. See what you think of her. Remember, you want someone who is very punchy.

 

Ask about her experience in similar cases and the outcomes.

[Desperate Daniella]

I've just done a search on the name and firm. There is something on Facebook. I would really check out the experience your lawyer has had. When qualified, etc. You can ask very nicely. Maybe it is not the one on Facebook.

[Desperate Daniella]

Actually I think you should edit out the name. I'm not certain that site rules allow people to be named in these situations.

[Desperate Daniella]

Have a nice weekend. I will be around again on Monday. xx

[Desperate Daniella]

wendyboats,

 

I have just got home after being away since Friday and haven't had time to read your last posts - will read in full tomorrow - but I have been very worried about the solicitor. I don't think you should commit to her. You have said where you live. I have googled the area for legal aid solicitors and I think you should do the same, and compare it with the other firm's website. I would never use a firm if I couldn't see who they all are.

 

I think you should have a ring around and see who else you can get. Speak to her by all means but don't commit. This is too important.

 

DDxx

[Desperate Daniella]

I agree she should speak to them and I have said that she should check out the experience of the solicitor who is ringing her. However, I am not certain that the solicitor who is ringing her would fill me with confidence having seen the FB profile. I work with solicitors, my late sister was a solicitor, and none of them would put up a profile like that.

 

They may be a major legal aid supplier, but personally I would rather work with a more traditional, for want of a better word, solicitor who also did legal aid. This is quite a complicated situation. I would want to know that I was getting a solicitor who had a lot of experience.

 

I know the legal aid rules have changed, but I'd still want to check out who else was available to handle this.

 

She may be wonderful of course but I'd want a Rottweiler.