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

[unclebulgaria67]

You may be able to get pro-bono lawyers to help with this, but there may be further court fees involved. I am no expert, but this may have to go to the High Court to seek a further annulment or application for a review of what has happened.

 

It cannot be right for Lowells or any creditor to bankrupt you in relation to 3 smallish debts totalling £1500 (ish) which they have rolled up, which will now cost you over £20k due to the various costs. It is not a proportionate way of dealing with the debts.

 

http://www.barprobono.org.uk/

 

http://www.lawworks.org.uk/

Edited August 28, 2013 by ims21

[unclebulgaria67]

You may be surprised that there are many lawyers out there who will be willing to do work on a free basis, if they have a chance of winning. This is because they have special interest in dealing with such cases and with debts it will be often the case that the person won't have the money to afford their normal fees. Contact the links I provided in my previous post and they may be able to put you in touch with Solicitors. But it is always a case that any Solicitor will want to look through all of the paperwork, before they decide whether or not they can help.

Edited August 28, 2013 by ims21

[unclebulgaria67]

I would like to add in more detail that i was given all the paperwork in this case by my solicitor and i have been through it over and over again and what i did find strange and i touched on this earlier was that in the papers sent by lowells solicitors was two copies of alleged original credit agreements but both had different dates on them and signatures were slightly different as one has my middle initial and the other doesn't i have always signed my name with middle initial.

 

But even more stranger than that both copies had the same bar codes at the bottom??? In both copies the text had been shrunk to unreadable and it did not seem to be set out right almost squashes into page.

 

Any comments about there being two agreements please .

 

Without seeing them it would be difficult to comment. These are the Cap1 agreements ?

 

Why would there be 2 agreements ? Can you remember what process you followed to sign up for the account ? Did you sign in two different places when sending the forms back ? Was one for a different application e.g DD for PPI cover. Do you use your middle initial for your banks DD payment authorities.

 

Getting the bankruptcy annulled is going to be very difficult and will rely on a Solicitor with in-depth knowledge of court/insolvency procedures. I suspect that they will only succeed based on process, rather than issues directly related to the debts. Though obviously it helps if you have a case that needs to be addressed by the court.

[unclebulgaria67]

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

[unclebulgaria67]

DD

 

The firm who was mentioned from Swansea are a major legal aid supplier. One of their specialities is debt/bankruptcy. I seem to remember that the government have changed who can deal with legal aid cases and it may be that there are fewer Solicitors available. I think Wendyboats, should speak to the Solicitor this has been referred to and find out what experience they have with a case like this.

[unclebulgaria67]

If you contact the FOS about the PPI claim, they should be able to confirm. Because the debt has been to a court, the FOS might not want to get involved, but I think the PPI issue is separate from the debt, as the court did not consider any PPI claim issue, therefore the FOS can handle your complaint.

 

I suspect that when you applied originally the PPI box was already ticked as being required as the default setting. It was not a choice that you had considered i.e product that you wanted to buy. Therefore I would think that you have a valid PPI claim.

[unclebulgaria67]

I can not get my head round fact that iv been made bankrupt on a debt that Lowell knew had refundable PPI and FEES claim that would have ment id have never gone over my limit???:

 

frusty: THIS CAN NOT BE LEGAL SURLY ????

 

You have to stitched up badly and I think you should see your local MP as soon as possible. There must be a way to resolve this silly situation.

 

The Solicitor that charged you £2k obviously did not do their job properly. I would also question whether the Judge that granted the bankruptcy should have heard the appeal. I don't know what the rules are with this, but they are less likely to overturn.

 

In regard to PPI, I would submit your complaint to the FOS and get them to start to look into it.

 

Lowells don't give a sh*t. It appears that their practice is to pick on x number of people per month to scare the sh*t out of people, who see these stories reported online. They therefore see a larger number of people repaying their debts, when Lowells issue their standard debt collection letters. You have been very unlucky. It was up to BW Legal/Lowells to make sure all the lnsolvency rules were followed in making you bankrupt. In your appeal, it does not seem that your Solicitor was able to demonstrate that BW Legal/Lowells had not followed the correct rules. The details of the actual debts may not have even been considered properly. They just evidenced the debt was owed by you and that they owned the debt, so you had to pay them including all their costs.

[unclebulgaria67]

I have been thinking how can the first Notice of demand state overdue amount as £299.70... and then the following month..

 

Final statement of default state balance as.....£850.35........£500 limit..............overdue amount £140.89??

 

And statements sent in evidence state 22/8/08 minimum payment due£326..... credit limit as above.....new balance£826.35 ??

 

Regards Wendyboats aka Whatson x

 

Don't know. You need the statements of account for this period. I would think there has been some additional spending showing on the account. It is not down to interest and charges.

 

£299.70 would be a statement amount that was overdue, as you had not paid by the relevant date.

 

You then still did not pay, so the account was entered into default with a balance of £850.35. Capone wanted £140.89 at that point as a minimum amount.

 

22/08/08 statement, minimum payment of £326.35 is to bring the account back to the limit of £500. The revised balance of £826.35 is probably down to some of the charges being taken off the account, which seems to be 2 x £12 charges.

 

So this appears to be OK, after I had worked it out. But you need the statements of account. You obviously used the card for spending which took it over the cards limit.

[unclebulgaria67]

I think you need statements of account for every month the account was running. When did you actually last make any payment on the account. When did you make a claim for PPI ? Who did you send the PPI claim to ? It is possible the PPI claim was rejected as the claim was not submitted within the timescales required by the terms of the cover. I think you need to contact the PPI provider to find out whether the claim was registered with them.

[unclebulgaria67]

Lowell DCA brought T Mobile phone debt and 3G mobile debt in 2008 then in 2011 brought Capital one debt......

 

The capone debt was £850 enough to go to bankruptcy court...

 

ALL info i have came from my appeal to annul that took a year to get from Lowell most came 5 days before my appeal !

 

On losing i asked my solicitor for all paperwork this is where i'm getting all the information from....

 

I payed by DD set up on opening card i never stopped payments up until i felt it must have been well over paid with my min payments and PPI

 

I never got one single letter from Capone during the period leading up to Default or period after......

 

I had no clue !!!

 

When were you making these DD payments totalling £800 and who were you paying these to ?

[unclebulgaria67]

When i opened account in 2006 i opened it with DD payments to come out my bank to Capital one as is the norm when you apply for credit cards.

 

I never stopped payments until April 2008 payments total £800 APPROX ON A £500 AGREEMENT ON CARD .

 

Still don't understand. You made payments to the Cap1 account between 06 and 08 totalling £800. During this period you spent about £440 including three cash withdrawals. How have you ended up with a debt of £836 ? I think you need to look through all of the monthly statements for the whole period you had the card. How much interest charged ? How much PPI ? How much in charge ?

 

We still do not know what happened to the PPI claim that you made. Who did you make this claim to and what did they do with it ? It is a bit odd trying to claim back the PPI payments, when you actually tried to make a claim against the cover. Did your claim fail, as the PPI cover was missold or was it because your claim was not made within the timescale required ?

 

I wonder whether it might be worth asking the court to suspend or stay anything being done with the bankruptcy, until the many unresolved issues have been looked at, so there is a chance of seeking the annulment. The trustee could start to force the sale of the house, as I noted from the Insolvency service that the trustee normally allows a minimum of 12 months before they seek the sale of a house, so that people can find alternative accommodation.

[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.

 

In regard to the Trustee, I am not sure they are being independent. I don't think I would use their Solicitors. I would suggest that you don't reply yet. Wait until you are clearer what the way forward is.

[unclebulgaria67]

I wonder whther Cap1 stopped collecting payments by Direct Debit, when the PPI claim was submitted ?

 

As I have mentioned a few times on this thread, you really need to obtain all the information that Cap1 have. A full SAR, with all statements, copies of all documents on file and copies of all system information including notes made on the account.

[unclebulgaria67]

I have just had 2 estate agents knocking at door i did not open it, but i think they will be back, also had visit last night from Social Services re; Grandson. someone has phoned them and said i'm losing my house and i cant cope ect. they said he has to go into court arena and be placed elsewhere?

 

I think she has already put in for house and made calls to get him out of my care so will go in to get me out in next 28 days!

 

Please someone am i going mad or is this all really happening?

 

Have to redo letters now as my pay pal failed but snt all e mails as advised

 

This is not happening. There would be more of an official process, with letters sent to you to advise what the process was. The trustee has no responsibility in regard to your Grandson, which is entirely a matter for their legal guardian. If anyone has phoned Social Services, it will be someone else.

 

I regularly have estate agents visit my road looking for business, offering free valuation. The housing market has picked up and in my area they appear to sell as soon as they are put on the market.

 

Wendy you really need to see your GP, as these times can be very stressful. I have seen colleagues who on the surface are very strong people, suffer ill health as a result of stress situations.

[unclebulgaria67]

If the trustee is acting in this way to intimidate you, I think you should make a report to the Police of harassment.

[unclebulgaria67]

I'm not mad thank you for one, they only knocked my door and stood waiting outside for 10 minutes and it was the new agency social worker who has only visited once and yesterday, and who is now under investigation and its REAL

 

If the trustee wanted Estate Agents to provide a valuation and market the property, they should have written to advise you they were doing this. I would have thought there would have to have been some form of official repossession process.

 

As for the Social Worker, hopefully your local authorities will get to the bottom of why this agency person turned up.

[unclebulgaria67]

Wendy

 

There is a lady at Southamton Citizens Advice who may be able to help. This is taken from the Southampton CAB site. I think you should see what local help you can obtain. Forums such as this are very good and Mould has offered some great help so far. But if you can also get help locally, I think it would be a good idea. You never know, this CAB office might have some good contacts for people who might get you out of this mess.

 

Christine Wall has been representing clients at the county court for some years now. She can offer advice on repossession/eviction issues. If you have been, or are about to be issued with one of the above, please phone 023 8022 3659 and Christine will be able to advise you of your options.

 

 

[unclebulgaria67]

My speciality is giving advice that people do not want to hear

 

Always a good idea to obtain a range of options when you have problems to solve . You just never know, the local CAB or your local MP may have Solicitors or Barristers in their contact books, who might be willing to assist you on a pro bono basis.

[unclebulgaria67]

Do you now have a Solicitor who is able to take this forward for you ?

 

All comments are positive, even those that question or suggest other options. If they were all positive, it might be similar to lemmings rushing in one direction, without questioning whether the direction of travel was the best one.

[unclebulgaria67]

Just had another phone call, new strait away it was phoney tried to cut off phone but it would not let me for a few seconds, now i have another Track Fed Ex package by tel. 00158524390,

 

Should i go to police? this is 3 now since i started using Forum ?? Can anyone advise what i should do xx

 

I think you have a virus on your computer due to something you have clicked on. Perhaps an email attachement that contained a link. If you have then added any information using the attachment in the link, this may be why you are receiving the calls.

 

I have never had any virus or calls related to using this forum. But I receive bogus emails related Fed Ex parcels and Paypal failed transactions etc. But these bogus emails are nothing to do with using CAG. They are just sent to most peoples email addresses and you just have to avoid clicking into them.

[unclebulgaria67]

For some up to date information on relief from sanctions under CPR 3.9 see here. Unfortunately the case law The Mould copied and pasted is out dated.

 

 

https://www.google.co.uk/url?sa=t&source=web&cd=1&ved=0CCgQFjAA&url=http%3A%2F%2Fwww.clerksroom.com%2Fcontent-downloads-count.php%3Fid%3D454&ei=eVQ0Uq-kFpK4hAe90IG4DA&usg=AFQjCNEPmiazGg_6Qb0881JTljg6nUqkdg&bvm=bv.52164340,d.ZG4

 

I don't particularly understand all of this. But post Jackson appears to be about court directions not being followed. In the OP's case there appears to have been a deliberately late provision of evidence, which really was a disdvantage. I think a Solicitor would need to look at all the previous court paperwork to be able to properly put an appeal together.

[unclebulgaria67]

With all due respect , How could you possibly know that ????????????

 

Wendy, as this is a public forum, we can only go on what we are told and draw conclusions from it.

 

I agree that it is suspicious that you have received a call about PPI from a company who knew about the Cap1 account and bankruptcy. So you could be correct that the trustee or someone dealing with you, has passed on your information.

 

Wishing you well with your fight against this unnecessary bankruptcy, which seems to have been caused in part by Cap1 messing up with your PPI claim and stopping DD payment collection.

 

Agree with you that you are best to now only deal with your local Solicitors and keep any information away from a public forum.

[unclebulgaria67]

I sincerely wish you the best in life Watson and I hope that the injustice inflicted against you swifter than a bolt of lightening, will be undone faster than the speed of light.

 

Kind regards

 

The Mould

 

Wendyboats

 

Good luck and take care of yourself.

 

I wish others who were faced with such legal challenges would also look for local legal help. It can be quite surprising how much pro-bono help there is out there. Some of the lawyers who do this are very experienced and because they earn very well from their profession, they are willing to take on some free work.

[unclebulgaria67]

Thank you so much Kayyak,

 

Its so nice of you to comment and show your support

 

I am awaiting a call from the kind solicitors who took my case on, some time today to update me i will let everyone know as soon as i know.

 

Kind Regards wendyboats x

 

Good luck.

 

Is the trustee leaving you alone at the moment, as your Solicitors have advised them that they are looking to lodge an appeal ?

[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.