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

[The Mould]

Wendyboats

 

I am fully aware of your situation,

 

this is my first post on your thread/case so it may not provide you with the protection in accordance with the law in this area that you so clearly and desperately need right now.

 

This matter is controlling your life and clearly causing serious distress and upset to you and your family.

 

Hang on in there, because in all the spare time that I have available,

 

I promise you that I will undertake all the research that is needed in order to save you and your family from this most unpleasant situation.

 

As you are by now aware, you are not alone and I am certain that all members of CAG are doing their best to help you.

 

Kind regards

 

The Mould

[The Mould]

“Thats when we gota solicitor involved as we were being ignored......

.......that was November2012 and after months of asking for all relevant documents with no success wentfor annulment......

...... 5 daysbefore court case they sent some stat demand from capone and a copy of the CCA

but by this point we had spent £2,000on solicitors fees and felt we had a 50%50 chance to get it overturned........

......But on day of court case 17 July 2013 IT WAS IN FRONT OF JUDGEWHO GRANTED BR !!” (my empathise added)

 

What reasons did your instructed solicitors give to you that held you under a belief that you had a 50/50% chance

that this Statutory Demand would be overturned?

Are such reasons put in writing by yourinstructed solicitors (“IS”)? Email/faxis sufficient as documentary evidence.

Please post up their reasons in this respect.

 

“I forgot to add the copies of statements of account show i paid by DD

but only min fee so it kept me over £500 i was not aware of that.......

...at opening of card and within days i was in trouble each month

they added fees innov 2006 it stood at £532.04

then went up and up when i stopped payments in april 2007 it stood at £658,04

then they continued on till sep 2008 when they defaulted me to the tune of £850.35p.

Fees made up of two default payments each month, interest

, PPI, andlate fees” !

The Default notice may well be invalid, this would mean that Statutory Demand is invalid (see-s.87(1) CCA 1974 (as amemded)

Woodchester v Swain, Link v Harisson and AmericanExpress v Brandon in this respect), therefore, enforcement action by your creditorcan be overturned by Court of Appeal on your “out of time” Appeal against thismatter! Goodness me, you appear to be afighter and let me tell you woman, this will be the fight of your life, which Isincerely hope you will undertake!

 

 

Also in the oct2006 on day of activation i was charge two ppi payments £20.00 sentinel cardprotection and ppi £4.15. 4 cash withdrawal fees £60.00 pounds worth of fees onday one !!

 

If there is mis-sold ppi on the Consumer Credit Agreement, whichwould be regulated by the CCA 1974 (as amended – in 2006), then the Court mustlook into this matter and the fact that phone Co. debts were added/included inthe aggregates of the debt as claimed as owing under the Statutory Demand. This case stinks like Boloiunge harbour (in France) and I believe that the opcan defeat this bankruptcy action based upon the circumstances of thiscase. Court of Appeal application oughtto be made.

 

 

 

Further investigation is required, in this regard, the op,Wendyboats, needs to ensure that all facts are posted here as regards thehistory of this matter (no disrespect is intended against you Wendyboats).

 

 

 

Kind regards

 

The Mould

[The Mould]

Ganymede

 

Where are you at on this matter?

 

Kind regards

 

The Mould

[The Mould]

Yes, something wrong here, apart from mess, which I believe the op has been taken advantage off as far as this matter is concerned - from both sides! The Claimant's reps and her own reps!

 

Kind regards

 

The Mould

[The Mould]

I said: "More traditional, for want of a better word." I was being polite about the person they suggested. I also said she may possibly be wonderful. I would want someone with considerable experience handling this situation, not someone who qualified a couple of years ago. As I said, I work with a number of solicitors. I would have been put off by the FB profile, but I would have spoken to her as I suggested wendyboats did. As it happens the solicitor didn't even phone.

 

wendyboats, The Mould has given brilliant advice on this Forum and I am glad he is helping you here.

 

DDxx

 

Goodness me DD

 

I am very unwell at the present, have been for over a year, your comments on my post has me in tears.

 

Thank you so kindly for your consideration. I sincerely hope that I can help Wendyboats to succeed in this mater and bring and end to her/her private household's life based upon what I believe to be an ocean of injustice inflicted against her.

 

Kind regards

 

The Mould

[The Mould]

Apologise The Mould and Ganymede,

 

It was over the limit.... DEFAULT SUM ADDED FOR 6 MONTHS, AND ON THE LAST MONTH THEN IT SAYS, NO MORE INTEREST ADDED THIS STATEMENT TOOK ME TO FINAL DEBT OF £850.00 AND FINAL DEFAULT.

 

What dose op mean?

 

Thank you Wendy B

 

Is this £850.00 stated on the DN accurate? If no, then DN is invalid.

 

Kind Regards

 

The Mould

[The Mould]

But it is all absolutely true. I have followed the advice you have given on several threads and it's been brilliant.

 

I am so sorry to hear you have been unwell. I do hope things improve soon.

 

It's great that you have come on to this thread. As you say, wendyboats has had an ocean of injustice inflicted against her.

 

Kind regards,

 

DDx

 

I am lost for words, thank you once again DD.

 

Kind regards

 

The Mould

[The Mould]

What exactly does the DN state - word for word please if you cannot scan in and post up the same (minus personal details)?

 

Kind regards

 

The Mould

[The Mould]

HI THE MOULD

 

My computers playing up somewhat and it appears i'm missing the replies so apologies.

 

IN Reply to you queries........... Solicitor gave us 60 to 70 % up until receiving there disclosures of default notices and other missing documents after that he said it was 50/50 either way, but by this time we had gone for Annulment on grounds of should not have been granted.

 

Also i amend the date i stopped direct debit to Capone was April 2008 when i believed my PPI activation would pay remainder of debt at this time i still had not received any statements and requested them with the letter sent with proof of Long Term disability allowance, unfortunately i did not send recorded delivery.

 

I Then did not hear anything about Capone until after Bankruptcy case. x

 

Then the ppi on the credit agreement is mis-sold!

 

Your appeal must rely upon this and claim that inclusion of mobile phone debt is not fair and that the creditor failed to serve upon you a valid statutory default notice

pursuant to s.87(1) of the CCA 1974 (as amended);

 

further,

you believe that alleged phone debts are a separate issue as regards his Statutory Demand for the claimed debt under the CCA 1974 (as amended)

and include your personal circumstances at the time of service of this SD and that you believe his (the Claimant's costs)

in this matter are disproportionate and excessive considering the amount he should only have claimed under the CCA 1974 (as amended)

upon service of a valid statutory default notice under s.87(1) of the said act, which you respectfully deny was ever served.

 

In these circumstances, your respectfully ask the Court of Appeal to dismiss the bankruptcy petition against you.

 

Kind regards

 

The Mould

[The Mould]

They produced two first 1.17/8/2008..NOTICE OF DEFAULT SEC.87(1) MY OVER DUE AMOUNT £299.70 PAY IN FULL NO ACTION WILL BE TAKEN.

 

They go on to state about issue of stat demand if i fail to pay in full and costs will be added and the different places i can go if i can not pay (CAB) etc .

 

The second dated 19/9/2008.....STATEMENT OF DEFAULT....WE HAVE TERMINATED YOUR ACCOUNT BALANCE £850.35. OVERDUE AMOUNT £140.89. We may sell your account or bring proceedings.

 

I never ever received these two letters. x

 

OK, pay said amount in full by what date?

 

Kind regards

 

The Mould

[The Mould]

OK, pay said amount in full by what date?

 

Kind regards

 

The Mould

 

Further still, 17 August 2008 is a Sunday!

 

Kind regards

 

The Mould

[The Mould]

19 September 2008 is a Friday!

 

These dates and the amount to remedy the breach claimed therein by your creditor are incredibly important to your case/your appeal.

 

Kind regards

 

The Mould

[The Mould]

£1,665.56p, these costs of £30k are severely disproportionate and excessive against the amount claimed!!

 

Kind regards

 

The Mould

 

Still looking deeply into your case - Godzilla

[The Mould]

I can not thank you enough ,

 

THE MOLD, for your advice and guidance i will try and secure a solicitors tomorrow and feel so much better with you watching over me, i feel like i have a GUARDIAN ANGEL, l thank you so much as i note you are unwell at this time, so this information is received with gratitude

 

Kind Regards right back to you xxWendyboatsxx

 

Look my dear fellow (even if you are a woman - please do not be offended by my words),

 

how about we go back in time and I call you Watson?

 

Would that meet with your approval Watson?

 

Try and not worry about my fate, my concern is to help you undo this ocean of injustice that you face so that you

and your family will be set free therefrom and defy gravity along the safe shores of Heaven.

 

I am not religious Watson,

I was not made by any man,

yet I myself am indeed in his form!

 

I am here with you and though you not know me now,

the time will come when you will see me and realise that you have always known me.

 

I require further research into these man made laws Watson

and when I am done with that,

I shall indeed return to you

and hold your hand all the way to the top of this mountain

that you must climb and I tell you that you will overcome.

 

Godzilla

 

The Mould

[The Mould]

Thank You for that, you bring a smile to my face for the first time in a long time, and i would be HONORED to be your Watson xx

 

The game is afoot then Watson, something is not quite right with your case. Goodness me, I am going to stake my name on your case because I know that the Claimant has not dotted his eyes and crossed his tee's, he will be cross eyed and extremely tee'd when we have done with him.

 

You will make a great Watson and I am honoured by your trust in me, further, get used to smiling Watson.

 

Kind regards

 

The Mould

 

Who is at 221b Baker Street tonight and every night until Watson has justice delivered unto him.

[The Mould]

Wendy Boats.........., AKA Watson,

 

Am on the case just realised the letter re; T- Mobile introducing LOWELL PORTFOLIO ONE has date of 18/12/2012.??????????? THIS DATE IS 5 MONTHS AFTER IT WAS ADDED TO MY BANKRUPTCY!!!!!!!

 

The plot dose thicken !! come on you Guys this could be the one that brings the TRUTH OUT

 

The Statutory Demand ("SD") should contain the full amount as claimed by your creditor as due and owing as of date of SD,

the debt covered by the CCA 1974 (as amended) is the debt that I am concerned with Watson,

 

at the present time, what amount was claimed in the statutory default notice,

 

what was date of such notice and how many days did the creditor allow you to remedy the same?

 

Kind regards

 

The Mould

[The Mould]

"yes and phones were never proven and Capital One account sold to lowells in nov 2011 but capone never wrote to me prior to this date? Wendyboats thanks you for your interest"

 

Do you have any correspondence from original creditor - Capital One - entitled "Notice of Assignment"? Check your own records Watson, thoroughly that is old boy, pull out everything that you have at your personal disposal on this matter.

 

Kind regards

 

The Mould

[The Mould]

Logging off line now Watson.

 

Catch up with you out here on these moors on the morrow night.

 

Kind regards

 

The Mould at 221b

[The Mould]

Dear Wendyboats Watson

Sorry I have not been around on these moors for a couple ofdays, still unwell my dear Dr Watson. Have not abandoned you nor forgotten your situation. We need to go back to the beginning of thismatter to the time when you encountered financial difficulties (don’t be embarrassedabout it Watson) as regards meeting yourobligations under the credit agreement with the original creditor; talk usthrough all and any correspondence/communication that you had with him and theresult of which led your original creditor to serve the default notice uponyou.

I believe that if we can show that such default notice wasinvalid because it did not comply with the statutory provisions of s.87(1) ofthe CCA 1974 (as amended – this act was amended in 2006 Watson), then, you mayhave grounds under s.282(1) of the Insolvency Act 1986 to seek annulment of thebankruptcy, because if said default notice contravenes s.87(1) of said CCA,then creditor not entitled to enforce the credit agreement and demand fullpayment of sum claimed thereunder.

While I am well enough at present time Watson, I shallperuse your thread/case from post#1 to as of date hereof and if I have anyfurther questions or if some other matter should enter into my mind, then Ishall make further enquiries of you Watson in order to obtain further detailson this matter that may well help you to hold your ground against this matter.

Hereafter you will find some commentary on important andrelevant matters on the Insolvency Act 1986, have a good read Watson and, wherean authority is cited, search the same and print it off.

Further, what angle/legal argument/grounds did yourinstructed solicitors take on this matter? What did they advise you? What instructions did you give to them?

Further, as regards ppi on the credit agreement, is thisdebt in your sole name? Did you actually request the ppi for this account? Wereyou self-employed at time of filing application for this credit agreement anddid you inform the creditor of such?

INSOLVENCY ACT 1986

3E–110

Review, rescind orvary

Section 375(1) of the Insolvency Act gives the court powerto review, rescind or vary any order made by it in the exercise of itsjurisdiction. This provision is of very broad application but should not beused in place of an appeal. The fact that an appeal is pending does not preventto court from rehearing a matter and reviewing any order made. The exercise ofthe power should be confined to cases in which there has been a change ofcircumstance since the making of the original order. The court may apply thisprovision to a bankruptcy order in circumstances where annulment is notpossible (Fitch v Official Receiver [1996] 1 W.L.R. 242). For a detailedanalysis of the jurisdiction see Papanicola v Humphreys [2005] EWHC 335 (Ch);[2005] 2 All E.R. 418.

3E–111

Annulment

The jurisdiction to annul a bankruptcy order is found inss.261 and 282 of the Insolvency Act. Section 261(1)(a) allows a bankrupt to apply for the annulmentof the bankruptcy order if his creditors have at a meeting called for thepurpose approved a proposal for a voluntary arrangement. The court cannot makethe order before the end of the period of 28 days beginning with the day onwhich the chairman's report was made to the court (s.261(2) . The officialreceiver and trustee (if appointed) are necessary parties and must be givennotice of the application but they are not required to file any report. If thecourt feels that a relevant obligation under the arrangement has yet to befulfilled, for example if a third party is to make a single lump sum payment,then the court may adjourn the annulment application until the payment has beenreceived.

Section 282(1) gives the court power to annul a bankruptcyorder on the basis that either (a) on grounds existing at the time the order wasmade it should not have been made or (b) the bankrupt has paid orsecured his debts in full. Rule 6.206 sets out the requirements for applicationunder both subs.(1)(a) and (b). Where the application is brought unders.282(1)(a) the courts will generally besympathetic if the debtor can provide a reasonable explanation fornon-attendance in circumstances where his attendance would in all probabilityhave led to the adjournment or dismissal of the petition. In such cases theannulment will be on terms that he pays the official receiver's fees, costscharges and expenses and the creditor's costs of the annulment application.Further, unless the creditor agrees to the petition being dismissed, it will berestored to the list for hearing. There is no point in annulling if the debtoris hopelessly insolvent or if the trustee's inquiries reveal that there is astrong case that the bankrupt has entered into antecedent transactions.

Annulment under s.282(1)(b) can only be granted where theofficial receiver or trustee confirms that he is satisfied it is appropriateand files with the court a detailed report to this effect (r.6.207). In theabsence of such report the annulment cannot be granted.

The annulment of a bankruptcy order is a matter of discretion,and the court will not make an order where the bankrupt has not, for example,complied with his obligations to the official receiver or where there has beenmisconduct.

Where after the annulment has been granted a trustee wantsan order for his release he must make a separate fee paid application.

3E–112

Discharge

Section 279 of theInsolvency Act 1986 provides forautomatic discharge for the majority of bankrupts after one year (s.279(1) or earlier if the official receiver filesnotice (see r.6.214A that the affairs ofthe bankrupt do not require investigation or that such investigation has beenconcluded (s.279(2) in which case thebankrupt is discharged when the notice is filed. The trustee (where one hasbeen appointed) or a creditor may, within 28 days of receiving notice from theofficial receiver of his intention to file a notice under s.279(2) , inform theofficial receiver that he objects to the proposed course of action (r.6.214A(5).Reasons for objection must be given. The official receiver may reject theobjection, he must also give reasons and the trustee or creditor may appeal(r.6.214A(5)(b) and r.7.50, InsolvencyRules 1986). Any appeal must be made within 14 days of the notification by theofficial receiver of his decision (r.7.50(2)). The official receiver may stillapply to suspend discharge if a bankrupt fails to comply with his obligations.Section 279(3) provides that theofficial receiver may apply to suspend discharge until the end of a specifiedperiod or until the fulfilment of a specified condition (see also r.6.215 .

Section 282(1) gives the court power to annul a bankruptcyorder on the basis that either (a) on grounds existing at the time the orderwas made it should not have been made or (b) the bankrupt has paid orsecured his debts in full. Rule 6.206 sets out the requirements for applicationunder both subs.(1)(a) and (b). Where the application is brought unders.282(1)(a) the courts will generally besympathetic if the debtor can provide a reasonable explanation fornon-attendance in circumstances where his attendance would in all probabilityhave led to the adjournment or dismissal of the petition. In such cases theannulment will be on terms that he pays the official receiver's fees, costscharges and expenses and the creditor's costs of the annulment application.Further, unless the creditor agrees to the petition being dismissed, it will berestored to the list for hearing. There is no point in annulling if the debtoris hopelessly insolvent or if the trustee's inquiries reveal that there is astrong case that the bankrupt has entered into antecedent transactions.

Annulment under s.282(1)(b) can only be granted where the officialreceiver or trustee confirms that he is satisfied it is appropriate and fileswith the court a detailed report to this effect (r.6.207). In the absence ofsuch report the annulment cannot be granted.

The annulment of a bankruptcy order is a matter ofdiscretion, and the court will not make an order where the bankrupt has not,for example, complied with his obligations to the official receiver or wherethere has been misconduct.

Where after the annulment has been granted a trustee wantsan order for his release he must make a separate fee paid application.

In respect of the above Wendyboats Watson, does any of Section282(1)(a) apply to your case, that is the question? Was the creditor entitled to enforce thecredit agreement against you on the basis of the default notice served andcleary relied upon by him in respect of the statutory demand, because saiddefault notice served and relied upon by creditor did indeed comply with the statutoryprovisions of s.87(1) CCA (as amended)? Have a proper look through your own records/statement ofaccounts/letters of correspondence around this particular time (the date on thedefault notice), check to establish whether or not sum claimed by originalcreditor thereunder as due and owing is wholly factually correct or not(important!)

3E–113

The bankrupt'shome

Section 283A of theInsolvency Act 1986 introducesrestrictions on the right of a trustee to realise the home of the bankrupt.Under this provision, where the bankrupt had an interest in a dwelling-housewhich was the sole or principal residence of the bankrupt, the bankrupt'sspouse or former spouse at the date of the bankruptcy order, that interestceases to be comprised in the bankrupt's estate at the end of three yearsbeginning with the date of the bankruptcy and revests automatically in thebankrupt unless the trustee makes an application within the three year periodor takes any of the other steps set out in the section. The three year periodmay be extended (s.283A(6) .

Kind regards

My dear Watson

Your friend and profoundly concerned fellow CAG member

The Mould

[The Mould]

Hello Watson

 

We are all here with you. The carriage that leaves 221b Baker Street (when I am able to aboard such) is full of many, many wonderful people, all here to help you and your family as best we can.

 

Hold out for just a little bit (all you need) of divine intervention, it's on it's way to you. By the way Watson, I am not religious and I mean no disrespect to you or any other that are, faith Watson? How can I say this without offending you or any other? Religion is man-made, no man ever made this world and all the hearts that dwell within it. I have spoken the truth to you.

 

Kind regards

 

The Mould

[The Mould]

OK Watson

 

Talk me through the default notice and the statutory demand.

 

What does the statutory demand state that you owe under a/the credit agreement with the creditor?

 

As regards the default notice, through your own records of the credit agreement account, what does the account statements say?

 

I am working very hard on your situation/case as I am sure that other CAG members are also. Please be patient.

 

Come back on the above, the more detail you provide, the better placed we all are to assist you, so, don't hold back anything on this important matter.

 

Kind regards

 

The Mould

[The Mould]

4.In April 2008 i cancelled DD as i closed account due to disbute with bank.I asumed when i did not hear from CAPONE that the DEBT of £440.00 i had used on card was by this time well and truely paid i forgot about it.

 

What was this dispute about - exactly. Please provide full details of the same.

 

Kind regards

 

The Mould

[The Mould]

“ still have noclue to the debts that are involved until i meet him and i soon dismissphones.....but capital one card i did have in 2006 but due to illness... April2007 i thought i had activated my PPI idid what i was asked and sent sick notes ect.”

Watson, please elaborate on the above, leave no stone unturned.Because if there was ppi on this credit agreement that amounted to be as muchuse to you as a chocolate fireguard, then ppi is clearly mis-sold, the originalcreditor and indeed the trustee cannot dismiss this particular area out ofhand! Because the ppi on this agreement means that the information, the amountclaimed in SD was incorrect.

Further, the trustee cannot disregard your assertion that novalid DN was ever served by the original creditor, because the failure of suchservice by the original creditor of a valid statutory default provides you withthe ground to make an application to annul the bankruptcy order made pursuantto s.282(1)(a) of the Insolvency Act 1986

The judgment granted against you on 6 June 2012, was this ajudgment in default because you were not served the claim? Again, this is avalid legal argument for you to contend that default judgment ought to be setaside and you be given a proper and fair opportunity to Defend the claim, youwould have a Defence set off based on the useless ppi, that you did not tickbox for!! Again, this would provide you with grounds to seek an annulment ofthe bankruptcy order; because the amount claimed in statutory demand was notactually due and owing at the time the order was made!!!! – s.282(1)(a) of theInsolvency Act 1986.

Check and double check the actual arrears that were owed at thetime of the default notice being served, go through your own statements ofaccounts received for this period in order to establish the actual arrears owed.

Can you also please remind me on what grounds your solicitorsrelied upon for an annulment? And please provide the reason(s) given by theJudge for rejecting the same.

Write a brief letter/ or email/ or fax to the trustee and puthim/her on notice “that you are takingproper professional advice as to your position in this matter and that it isyour intention to make an application to the Court seeking an annulment of thebankruptcy Order under s.282(1)(a) of the Insolvency Act 1986, the grounds uponwhich you rely for the same will be disclosed to him and the original creditorin due course, upon service of which both he and original creditor will havetheir opportunity to respond to the same”. This is my suggestion Watson,you do not have to follow the same, however, if DN is invalid, the bankruptcyOrder must be annulled by theCourt, the ppi element cannot be disregarded, this calls into question thestatutory demand and the creditors’ claimed rights to amount stated therein asdue and owing therein at the time such was made, further, the fact that you didnot receive the summons/ were not served with the claim made by originalcreditor, provides you with further grounds/argument against this bankruptcyOrder.

If any other CAG Member has any other suggestions/advice orindeed support for Wendyboats (Watson to my mind), then please let us worktogether to help our dear fellow CAG member on this matter.

“To defy gravity,justice must be done for those who areinnocent“– The Mould

Kind regards

The Mould

[The Mould]

“you must pay theamount that you have gone over you limit within 28 days of letter 17/8/2008statements sent by them show on 22/8/2008 a minimum payment due £326.35 creditlimit £500 New balance £826.35”

The statement sent to you that show that on 22ndAugust 2008 ( 5 days after DN date) thata minimum payment of £326.35 is due on the 22nd August 2008 contradictsthe payment stated in their letter dated 17th August 2008 – is thiscorrect Watson?

Is the above credit limit of £500.00 added to this accountunilateral? Did the creditor increaseyour credit limit on this account without any discussion or agreement with you? Can you remember if you used any of thisadded £500 credit to the account? Watson, read through very carefully all of the correspondence and statementsof account sent to you on this account, further, if you have a copy of any correspondencesent by you in relation to the same, then I suggest that you read through slowly and carefully.

Any temporary agreements made on this account? If yes, did you maintain your obligationsunder any such temporary agreements and what were the terms of such, do youhave anything in writing from original creditor relating to any such temporaryagreements for this account?

As of 17thAugust 2008, how much did you actually owe on this account? Please look through your own paperwork forthis account so that you can provide a response hereto that is millimetre accurateon the same.

Kind regards

The Mould

[The Mould]

Dear Wendyboats Watson

Hounds are precisely what these creditors are. I have two hounds of my own Watson, SiberianHuskies and I can assure you that they are no Baskervilles.

Lots of different figures involved here. Your instructed solicitors were correct toargue non service of claim, but they failed to establish, and it appears didnot challenge, whether or not the creditor was entitled to the enforcementaction as regards the credit agreement! I believe that your sols should not have argued that the debt claimedhad not been proved, rather they should have argued with non-service of claim,no valid default notice served and mis-sold ppi on the agreement, which failedto pay the monthly payments when you made your claim under the same, which you,being an ordinary consumer (no offence Watson) believed that the ppi was covering thepayments due, therefore, rendering the ppi as worthless.

These costs incurred by the creditor/or trusteee of approx. £34k against a claimed debt of around£1,650.00, have they ever been subject to a detailed assessment beforea costs Judge? Have you ever beenprovided with a summary assessment of these incredibly high costs?

I personally do not accept the Judge’s decision in the lowerCourt as regards service of the claim, your explanation as to why you were notaware of the proceedings is perfectly acceptable and logical, the fact that youwere not served the claim is sufficient grounds for a set aside!

District Judges in the lower Courts, Masters and even HighCourt Judges sometimes get it wrong because, even though they are veryintelligent, they do not know all law,that is the reason why we have the Court of Appeal and the Supreme Court, theLords and Ladies who sit in these higher Courts know all law and do not requireany barrister to direct them on any matter of law.

Look very closely at the said default notice in this matter,the figure stated therein to remedy the breach relied upon must be accurate, ifit is not, then the DN is invalid and the bankruptcy Order must beannulled. The DN provides you with 28days to remedy the breach, statute requires 14 clear days for such notice (CCA1974 s.87(1) – as amended), if the amount stated in the DN is incorrect, thenyou can rely upon a case cited as Woodchester v Swain; research this case andprint off the full transcript thereof (from Bailii) as you will be able to relyupon this authority in respect of the DN element of your argument (that is onlyif the amount stated in DN is not accurate!).

I believe that you have issues here that warrant an appealthat respectfully requests an annulment of this bankruptcy Order against you.

The more information – dates, figures and facts that you canprovide us with, will place us all in a greater position of understanding thecircumstances of your case , which in turn will help us to provide you with themost professional and personal and up to date advice to help you advance yourcase through to success (which is what I believe we are all aiming for).

“Success is notnecessarily limited to an outright win; success is about achieving a positive,satisfactory and amicable resolution to the dispute for all parties concerned”.– The Mould

I believe non-service of claim, invalid default notice (ifyou can investigate this area Watson to establish that the DN in question wasindeed invalid) and mis-sold ppi are the grounds upon which you ought to placeyour challenge/ appeal against this bankruptcy Order.

We are all here with you, and we shall be holding your handevery step of the way down this most challenging road.

Kind regards Watson and all other helpers here

The Mould

At 221b