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

[wendyboats]

Still no reply from the Trustees Sols, may be hear tomorrow ?

 

Mouldy, in answerer to you're earlier question re: DD from bank to Capone............. I have no idea why they did not take enough out each month ? I was never contacted saying their was a problem, it was set up so could take what was needed to keep account in good health?

 

I paid DD each month

for 17 months, never mist payment, never notified I had ever mist ?

But lets not forget this is their version of events so it dose not mean its true !!

 

My bank had no control over that, but I do not know why payments were not taken at times, as I said I was very ill during this time and moved 3 times so rarely if ever had a Capone statement, I thought PPI was also paying it after I activated it or thought I did.

 

Their are no letters or statements given in evidence to this address EXSEPT Defaults, which I never ever received ! Watsons on the case tonight if uploads are rubbish again or others are required.

 

Andy thank you for you're support last night x

Edited October 31, 2013 by wendyboats

[The Mould]

Still no reply from the Trustees Sols, may be hear tomorrow ?

 

Mouldy, in answerer to you're earlier question re: DD from bank to Capone............. I have no idea why they did not take enough out each month ? I was never contacted saying their was a problem, it was set up so could take what was needed to keep account in good health?

 

I paid DD each month

for 17 months, never mist payment, never notified I had ever mist ?

But lets not forget this is their version of events so it dose not mean its true !!

 

My bank had no control over that, but I do not know why payments were not taken at times, as I said I was very ill during this time and moved 3 times so rarely if ever had a Capone statement, I thought PPI was also paying it after I activated it or thought I did.

 

Their are no letters or statements given in evidence to this address EXSEPT Defaults, which I never ever received ! Watsons on the case tonight if uploads are rubbish again or others are required.

 

Andy thank you for you're support last night x

 

Watson

I can read attachment number 2, but I cannot read attachmentnumber 1.

However, attachment number 2 dated 19 September 2008contains contradictory material; apparently thereunder it is claimed that youowe £140.89, however, the said default notice states that you must pay £299.70 – £158.80 difference . Can you please upload the default noticeagain in PDF format as I really need to peruse the default notice that creditorrelied upon to terminate the account.

Further, speak to your bank and ask them to provide you withdetails as to why the monthly payments to this creditor were not honoured asyou had sufficient, thousands of poundsin the account to meet all direct debits transacted therefrom.

Kind regards

The Mould

[wendyboats]

Watson

 

 

 

I can read attachment number 2, but I cannot read attachmentnumber 1.

 

 

 

However, attachment number 2 dated 19 September 2008contains contradictory material; apparently thereunder it is claimed that youowe £140.89, however, the said default notice states that you must pay £299.70 – £158.80 difference . Can you please upload the default noticeagain in PDF format as I really need to peruse the default notice that creditorrelied upon to terminate the account.

 

 

 

Further, speak to your bank and ask them to provide you withdetails as to why the monthly payments to this creditor were not honoured asyou had sufficient, thousands of poundsin the account to meet all direct debits transacted therefrom.

 

 

 

Kind regards

 

 

 

The Mould

 

hope this better my friend.

 

I cancelled bank DD to Capone(17 payments made) when I closed bank account due to being put on long term Disability payments, and they took some of my income support money to pay a fee( Bank fee taken on wrong date) that I was disputing, I had already this month again wrote to Capone RE: activated PPI and never heard from them again ,so assumed it was paid in full . Not one letter or phone call during the years that followed.

[wendyboats]

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

 

Hi uncalbulgaria, I am going to upload all the statements Capone gave in court case so you and everyone will see this is exactly what they did! Wendyboats will do this now x

[wendyboats]

wow I think I did it right this time xx

[dx100uk]

a little tip for you.

 

scan everything first

 

use whatever prog to redact things.

 

THEN put ALL the picture into a WORD document.

 

save that

 

and then convert it to PDF

 

then all the pixs will be in ONE multipage document

 

dx

[wendyboats]

a little tip for you.

 

scan everything first

 

use whatever prog to redact things.

 

THEN put ALL the picture into a WORD document.

 

save that

 

and then convert it to PDF

 

then all the pixs will be in ONE multipage document

 

dx

 

thank you dx I will do that in future or do you want me to do that now xx

[wendyboats]

Ex-husband just received this from Trustees Sols !! Please advise me ?

[wendyboats]

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

 

Response from Sols to Ex-husband please advise Watson what we need to do now please Mouldy, xxx

[ims21]

wendyboats

 

I have unapproved the attachments in the two posts above since there are personal identifiers showing. Please cleanse a re-post.

 

redone - dx

[wendyboats]

Hope this ok x

[unclebulgaria67]

Wendy

 

I think you need to get on with the appeal, using whatever help you can obtain. The trustee has 3 years to realise the relevant interest in the property, which I guess is quite a long time into the future. Given than the property is in joint names, I can't see any order for possession being sought in the near future.

 

It is a shame that the Solicitors who claim so much success with setting aside SD's on their forum have bailed out with the excuse of there not being not enough time. It was nothing to do with time pressures. They realised that doing the work on a no win no fee basis, did not fit with their risk criteria. i.e they only take on easy wins, which will net them their fees. Anything complicated and they are not interested.

[wendyboats]

Wendy

 

I think you need to get on with the appeal, using whatever help you can obtain. The trustee has 3 years to realise the relevant interest in the property, which I guess is quite a long time into the future. Given than the property is in joint names, I can't see any order for possession being sought in the near future.

 

It is a shame that the Solicitors who claim so much success with setting aside SD's on their forum have bailed out with the excuse of there not being not enough time. It was nothing to do with time pressures. They realised that doing the work on a no win no fee basis, did not fit with their risk criteria. i.e they only take on easy wins, which will net them their fees. Anything complicated and they are not interested.

 

Yes I agree with above she is only interested in a quick buck, and not about true justice, I will wait for the Mould to also advise on next step, kind regards

[The Mould]

wow I think I did it right this time xx

 

 

Thank you Watson,

 

The payment protection insurance ("ppi") most certainly does not cover the monthly payments due under the credit agreement, it is, therefore, mis-sold. This will form but one element of your appeal.

 

Kind regards

 

The Mould

[The Mould]

Hope this ok x

 

Downloaded and going to read now Watson, Report back here on the same very shortly.

 

Kind regards

 

The Mould

[The Mould]

Watson,

 

Both you and your ex-husband need to make an application to the Court under the CPR Pt 25, requesting a freezing injunction against the trustee on your property (state full details of trustee and your property on the N244 application form) - this is the Order that you are seeking under section 3 of form N244.

 

Because,

 

The applicant (that's you Watson) is making an appeal to the Court of Appeal against the judgement handed down on (put date here) by (state name of Judge here).

 

The applicant believes that, on the evidence upon which she relies, that the Court of Appeal will annul the bankruptcy Order made on (put date here) under section 282(1)(a) of the Insolvency Act 1986.

 

This Court is, therefore, respectfully requested to grant the applicant the Order sought herein, until the Court of Appeal has handed down its qualified judgment on the same.

 

With hearing or without - tick the without box.

 

Dates - put date od appeal has not been set as of the date hereof

 

What level of Judge - state Chancery Judge

 

Who should be served - state Respondents sols acting.

 

 

Section 10 - what evidence are you relying upon - tick the evidence referred to below.

 

In the big box space - state;

 

1.

 

Be back very shortly Watson, hold on.

 

Kind regards

 

The Mould

[wendyboats]

Downloaded and going to read now Watson, Report back here on the same very shortly.

 

Kind regards

 

The Mould

 

Thank you The Mould, Watson is pleased to hear this and will patiently wait for further guidance .

 

Kindest Regards always, Your faithful Watson xx

[The Mould]

OK Watson bear with me,

 

Watson

I am doing thisback to front at the present time.

In addition to your two N244 Applications, you will alsoneed to make an appeal to the Court of Appeal, but first, the Court of Appeal must grant you permission under CPRPt 52 r.52.6

Under section 3of your second N244 Application;

Your secondapplication N244 – is to theCourt of Appeal seeking a variation of time under r.52.6 requesting anOrder granting you permission to appeal the judgement made by (state the Judge’sname) on (state the date) against (state your full name)

Because;

1. The applicant suffers from multiple sclerosisand requires long periods of time leading up to a stressful event and longperiods of time to recover therefrom, this is the reason as to why theapplicant has made this late application, her GP’s letter confirming this isattached hereto and this Court is respectfully invited to read the same;

2. The applicant was not served with the claim andshe was therefore denied her right to a fair hearing under article 6 of theEuropean Courts of Human Rights.

3. The Claimant did not serve a valid statutorydefault notice as required under s.87(1) of the CCA 1974 (aS amended) on the Defendant/Applicant in respect of the sum amount claimed in hisclaim and he was not therefore, entitledto proceed to enforce the agreement upon which he relied.

4. The credit agreement upon which the Claimantrelied upon, in order to obtain his judgementin default (as a result ofnon-service of his claim upon the Defendant/Applicant), has mis-sold ppithereon and as a consequence of such, theDefendant/Applicant was not indebted to the Claimant as alleged or at all andshe has a defence set-off against the same, which can only be determined withthe Claimant’s cooperation.

5. The Applicant believes that on the evidence uponwhich she relies, that she hassufficient grounds representing triable issues in this matter that have notbeen heard as of the date hereof and that this Court would be justified in handing downits Order to annul the bankruptcy Order made on (put date here) under section 282(1)(a) based upon the Applicants’evidence served in support of this application.

You will need to serve the credit agreement, the defaultnotice and any other relevant and important documents to support thisapplication for variation of time for appeal under CPR Pt 52 r.52.6. You will require a letter from your GP toconfirm your ill health of multiple sclerosis and that you require long periodsof rest leading up to stressful events – such as Court proceedings, and longperiods of time to recover therefrom.

This application must be filed to the Court of Appeal.

Kind regards

The Mould

[The Mould]

The application seeking an Order fro freezing injunction is a separate matter, I am working on this now.

 

 

Then, you next move is to make an application - an Appellants notice - to the Court of Appeal seeking an order to annul the bankruptcy Order, however, you must first succeed in obtaining a variation of time from the Court of Appeal and also a freezing injunction against the trustee.

 

The legal admin and research is vast in the preparation and filing and serving of the above.

 

I am trying Watson, I am unwell, but I am really trying to help you.

 

By the way, I could not read your recent attached uploads here, the default notice is also crucial to your appeal, please try and upload it again.

 

Kind regards

 

The Mould

[wendyboats]

The application seeking an Order fro freezing injunction is a separate matter, I am working on this now.

 

 

Then, you next move is to make an application - an Appellants notice - to the Court of Appeal seeking an order to annul the bankruptcy Order, however, you must first succeed in obtaining a variation of time from the Court of Appeal and also a freezing injunction against the trustee.

 

The legal admin and research is vast in the preparation and filing and serving of the above.

 

I am trying Watson, I am unwell, but I am really trying to help you.

 

By the way, I could not read your recent attached uploads here, the default notice is also crucial to your appeal, please try and upload it again.

 

Kind regards

 

The Mould

Thank you Mouldy, please do not become unwell on helping me on here, I would never forgive myself for burdening you my friend !

 

Please state exactly which uploads you wish me to do again and I will get on to it now !

 

Also, I am going to make one last appeal to the Solicitors and Barristers out their to help me with this appeal, as I am fearful in getting it all wrong, but if I have to I will do this myself and with you with me in spirit and holding my hand I will fight for justice till the bitter end!

 

But please Mouldy keep well and I will too! xxx

[Wooks001]

Wendy,

 

Why don't you put all your scans in a Wordpad document in date order, oldest first.

If you can read all your scans in Wordpad print the file to PDF format.

If you can't read a scan then you need to do it again.

Will save an awful lot of problems uploading information.

 

Wooks

[The Mould]

Very good advice there from Wooks.

 

Watson, what I need is a copy od the default notice minus all personal details, further, did you keep the envelope that this default notice came in?

 

Kind regards

 

The Mould

[wendyboats]

Wendy,

 

Why don't you put all your scans in a Wordpad document in date order, oldest first.

If you can read all your scans in Wordpad print the file to PDF format.

f you can't read a scan then you need to do it again.

Will save an awful lot of problems uploading information.

Wooks

 

Yes Wooks you are right, it needs to all be done again and I will start this as suggested by you now! I will do all I can till 2.30 and then collect Grandson, and continue again at 4pm will upload all together, Wooks thank you for this advise and I shall give it ago Kind Regards Wendy xxxx

[wendyboats]

Very good advice there from Wooks.

 

Watson, what I need is a copy od the default notice minus all personal details, further, did you keep the envelope that this default notice came in?

 

Kind regards

 

The Mould

 

Mouldy, all the paperwork I have shown you has come via the Solicitor I hired to help me get it, I never ever received anything at anytime from Capone or others until after I was made Bankrupt, What you see is what was sent over the past year 2013 up to 2 days before court hearing. I will upload all again as advised by Wooks xx

[Wooks001]

Take your time and if you have a problem I will try to help.

I'm following this topic like many others so will get back to you asap.