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


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Watson

 

Double Check all paperwork for this account/debt. There must be a default notice in there somewhere. From my point of view, I am trying to establish whether default notice is valid or not.

 

 

Will take a look in later on Watson.

 

 

 

Kind regards

 

 

Kind regards

 

The Mould

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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.

 

Wendy wants to Thank Wooks, I will take my time and ask for help if I need it, Thank you, its so nice to know you all care, it makes so much difference xx I am going to sign out for a while be back after 4pm....Watson will be back

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Wendy wants to Thank Wooks, I will take my time and ask for help if I need it, Thank you, its so nice to know you all care, it makes so much difference xx I am going to sign out for a while be back after 4pm....Watson will be back

 

 

 

 

 

hope this is ok? Watsons fingers are crossed xxx

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Hi all, please can you let me know if I have to do uploads again, and if no good I will do as Wooks advised in thread above after Grandson in bed thank you.....:-) Wendyboats aka Watson

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Wendy,

 

It's all readable, just not a pdf file.

Anyone with Wordpad can read it and that's all that matters I think.

A pdf file would be smaller, quicker to download etc.

You could just print to a pdf file from Wordpad if you wanted.

 

Wooks

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Wendy,

 

It's all readable, just not a pdf file.

Anyone with Wordpad can read it and that's all that matters I think.

A pdf file would be smaller, quicker to download etc.

You could just print to a pdf file from Wordpad if you wanted.

 

Wooks

 

Hope this is the one Wooks I am trying my best but am not sure why its not doing what I ask ? this upload contains all that Lowell's used in the Bankruptcy case I never saw anything in this till after I was made Bankrupt and a year after that via the useless solicitor I was given via Law line ! Wendyxx

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Hope this is the one Wooks I am trying my best but am not sure why its not doing what I ask ? this upload contains all that Lowell's used in the Bankruptcy case I never saw anything in this till after I was made Bankrupt and a year after that via the useless solicitor I was given via Law line ! Wendyxx

 

 

Have downloaded Watson.

 

Report back here later.

 

Kind regards

 

The Mould

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Under the Heading; “The Bankrupt’s Dispute as regards to the debt”.

The respondent only states that they strongly believe thatthey have complied with sections 78 & 87(1) of the Consumer Credit Act1974, which are applicable only to the first agreement, which the respondentclaims that £850.53 is due and owing thereunder, however, the respondent has failedto establish his claimed entitlement under section 87(1) of CCA and the clearlymis-sold ppi has not been taken into account thereon, which would bring theclaimed debt under the first agreement under the £750 threshold required forthe purposes of issuing bankruptcy proceedings.

Further to the above, in the absence of any valid statutorydefault notice being served by the respondent and the respondents failure to establish such, his entitlement to proceed with theinitial enforcement proceedings under the provisions of s.87(1) of the CCA 1974(as amended) is in serious doubt and therespondent has not produced any credible evidence that he has indeed compliedwith his statutory duties thereunder. The respondent only managed to succeed on his unsubtstiated claim because it was notserved on the Defendant and he then obtained judgement in default thereon andenforced the same by way of his statutory demand.

The Defendant has been deprived of her right to a fair hearingin this matter and denied her right to present her Defence against this claim,which is a violation of the Defendant’s rights under ECHR Art.6 and at no pointin this matter has the claimant ever provided the Court with irrefutable evidenceor otherwise as to his claim of entitlement under the first agreement.

Have a look at the above Watson, I am trying to form thefoundation of your appeal.

A lot more work to undertake thereon and a great deal moreof reading your recent downloaded attachment.

Kind regards

The Mould

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Watson,

I have not perused all 179 pages of your recent attachmentsuploaded here.

However, based uponwhat I have been able to read, the matters set out below contain myobservations on your case thus far.

I also note that your credit agreement was concluded inMarch 2006, this would mean that if allstatutory requirements under s.61 were not met, then, the agreement would beunenforceable pursuant to the House of Lords judgement handed down in the Wilson v First County Trust case,because the amendments to the CCA 1974 did not come into force until April2006..

I have not looked at your credit agreement in detail as ofthe date hereof, I shall do that soon and report my findings/opinion on thesame shortly.

These default notices do not stack up, the figures statedtherein do not anyway.

The first one dated 17 August 2008 states that you are £299.70 over credit limit and the sameis required to be paid within 28 days of said letter.

The second default notice dated 19 September 2008 states that overdue amount as of that said date is £140.89 butthat you owe £299.70. And that because you have not paid therequired amount, whatever that amount is, The agreement is terminated and you must paythe full balance claimed as due and owing thereunder.

At some point between the service of these default notices, youmust have paid £158.81 towards the debt under this account. Thematerial set out and relied upon in the second default notice does not appearto acknowledge this payment nor take the same into account as regards theinformation set out therein and relied upon to terminate your account.

In my opinion, basedupon the above data, the two defaultnotices are defective in both the terms and scope of the alleged breach reliedupon by the original creditor and clearly confusing to the consumer – see Woodchester v Swain case for qualifieddetailed commentary on this area. I believe that you can rely upon this High Court judgement and the Brandon v Americanexpress Court of Appeal judgement in respect of sections 87(1) & 88 of theCCA 1974.

As regards the Woodchester case, it was held that thedefault notice served was not accurate in respect of the amounts claimedtherein as due and owing, the High Court concluded that the default notice was,therefore, invalid, as it contained information that was not accurate inaccordance with the prescribed terms under the act ( CCA 1974) which was confusing to the consumer.

Further, the ppi on this agreement has clearly beenmis-sold, the ppi payments made towards the debt, which amount to less than £5pounds per month is unequivocally inadequate and no reasonable minded personwould ever have agreed to such in the event of them being inflicted with unforeseeableillness.

Come back on the above Watson and my previous post and letme have your opinion on the same and where we go from here.

Further, as regards the trustee claiming that your equity inthe property amounts to £48k, can you please confirm if your ex-husband hasundertaken any improvements thereon and also are you able to explain how thetrustee arrived at this figure? Takeyour time Watson, there is a great dealfor you and ex-husband to take in (I amnot patronising either of you).

Kind regards

The Mould

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Just a thought folks, am I correct in thinking that court fees can be waived for people on low-income/benefits.

 

I believe that there are certain forms available for persons on low income or who are through no fault of their own; i.e. disabled, that would need to be filled in and filed with the Court to which the proceedings are commencing, to show that they are exempt from the Court fees payable.

 

Kind regards

 

The Mould

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I believe that there are certain forms available for persons on low income or who are through no fault of their own; i.e. disabled, that would need to be filled in and filed with the Court to which the proceedings are commencing, to show that they are exempt from the Court fees payable.

 

Kind regards

 

The Mould

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160A-Court-Fees-are-you-exempt.

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Under the Heading; “The Bankrupt’s Dispute as regards to the debt”.

 

 

 

The respondent only states that they strongly believe thatthey have complied with sections 78 & 87(1) of the Consumer Credit Act1974, which are applicable only to the first agreement, which the respondentclaims that £850.53 is due and owing thereunder, however, the respondent has failedto establish his claimed entitlement under section 87(1) of CCA and the clearlymis-sold ppi has not been taken into account thereon, which would bring theclaimed debt under the first agreement under the £750 threshold required forthe purposes of issuing bankruptcy proceedings.

 

 

 

Further to the above, in the absence of any valid statutorydefault notice being served by the respondent and the respondents failure to establish such, his entitlement to proceed with theinitial enforcement proceedings under the provisions of s.87(1) of the CCA 1974(as amended) is in serious doubt and therespondent has not produced any credible evidence that he has indeed compliedwith his statutory duties thereunder. The respondent only managed to succeed on his unsubtstiated claim because it was notserved on the Defendant and he then obtained judgement in default thereon andenforced the same by way of his statutory demand.

 

 

 

The Defendant has been deprived of her right to a fair hearingin this matter and denied her right to present her Defence against this claim,which is a violation of the Defendant’s rights under ECHR Art.6 and at no pointin this matter has the claimant ever provided the Court with irrefutable evidenceor otherwise as to his claim of entitlement under the first agreement.

 

 

 

Have a look at the above Watson, I am trying to form thefoundation of your appeal.

 

 

 

A lot more work to undertake thereon and a great deal moreof reading your recent downloaded attachment.

 

 

 

Kind regards

 

 

 

The Mould

 

Watson is overwhelmed by all you hard work here Mouldy, I have just come in from being out all day with my daughter, and I see you have gathered a lot of information from what I managed to upload thanks to Wooks last night, Yes all of above makes total sense to me on first read I shall read again this minute, Wendy thanks you all xxx

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It's sounding pretty amazing in just those paragraphs. :-)

 

Hi DD,So nice to have you back, The Mould has been amazing as always, and so has Wooks and site team and many others have wished me luck, I am so lucky to have all you CAGGER here for me, bless you all xx

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Watson

 

Your first port of call is to the Court of Appeal respectfully requesting their permission for variation of time to file and serve your appeal against this bankruptcy Order. Read back through my recent posts on this.

 

Your second port of call would be to the Court thsat handed down this Bankruptcy Order, whereby you and your ex-husband will be seeking a freezing Order under CPR Pt 25 against the trustee in respect of your property, until the Court of Appeal has made its decision on your appeal in respect of the same.

 

A lot of legal admin involved Watson, I sincerely hope that I will remain well enough to guide you and hold your hand through it all.

 

Good stuff from Wooks and Andy, if any other fellow member of Cag can join in so that we are all working together to help Watson (wendyboats) then please do not hesitate to post your contributions here, many hand make light work, or so they say. This is the Consumer Action Group and I know that there are many hands who would like to help Watson, please post your comments here and do not feel embarrassed if you get something wrong, we are all part of the same team and we must support each other and been seen to be supporting each other.

 

 

We can do this for Watson, please come on board this most testing case and the long haul involved in order to pull the plug that Watson and her family are suffering from. This is the Consumer Action Group, to my mind this means a group of like minded people who will undertake tasks and action for the consumer who has been wronged both in law and morally.

 

We are a team, are we not?

 

Godzilla

 

The Mould

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Watson,

 

 

 

I have not perused all 179 pages of your recent attachmentsuploaded here.

 

 

 

However, based uponwhat I have been able to read, the matters set out below contain myobservations on your case thus far.

 

 

 

I also note that your credit agreement was concluded inMarch 2006, this would mean that if allstatutory requirements under s.61 were not met, then, the agreement would beunenforceable pursuant to the House of Lords judgement handed down in the Wilson v First County Trust case,because the amendments to the CCA 1974 did not come into force until April2006..

 

 

 

I have not looked at your credit agreement in detail as ofthe date hereof, I shall do that soon and report my findings/opinion on thesame shortly.

 

 

 

 

 

These default notices do not stack up, the figures statedtherein do not anyway.

 

 

 

The first one dated 17 August 2008 states that you are £299.70 over credit limit and the sameis required to be paid within 28 days of said letter.

 

 

 

The second default notice dated 19 September 2008 states that overdue amount as of that said date is £140.89 butthat you owe £299.70. And that because you have not paid therequired amount, whatever that amount is, The agreement is terminated and you must paythe full balance claimed as due and owing thereunder.

 

 

 

At some point between the service of these default notices, youmust have paid £158.81 towards the debt under this account. Thematerial set out and relied upon in the second default notice does not appearto acknowledge this payment nor take the same into account as regards theinformation set out therein and relied upon to terminate your account.

 

 

 

In my opinion, basedupon the above data, the two defaultnotices are defective in both the terms and scope of the alleged breach reliedupon by the original creditor and clearly confusing to the consumer – see Woodchester v Swain case for qualifieddetailed commentary on this area. I believe that you can rely upon this High Court judgement and the Brandon v Americanexpress Court of Appeal judgement in respect of sections 87(1) & 88 of theCCA 1974.

 

 

 

As regards the Woodchester case, it was held that thedefault notice served was not accurate in respect of the amounts claimedtherein as due and owing, the High Court concluded that the default notice was,therefore, invalid, as it contained information that was not accurate inaccordance with the prescribed terms under the act ( CCA 1974) which was confusing to the consumer.

 

 

 

Further, the ppi on this agreement has clearly beenmis-sold, the ppi payments made towards the debt, which amount to less than £5pounds per month is unequivocally inadequate and no reasonable minded personwould ever have agreed to such in the event of them being inflicted with unforeseeableillness.

 

 

 

Come back on the above Watson and my previous post and letme have your opinion on the same and where we go from here.

 

 

 

Further, as regards the trustee claiming that your equity inthe property amounts to £48k, can you please confirm if your ex-husband hasundertaken any improvements thereon and also are you able to explain how thetrustee arrived at this figure? Takeyour time Watson, there is a great dealfor you and ex-husband to take in (I amnot patronising either of you).

 

 

 

Kind regards

 

 

 

The Mould

 

Watson has all Mould's queries' listed below......

 

1. I, at no time was made aware the Capone agreement I had taken out in either Set 06, or Oct 06 was in Default, my DD payments just kept coming out, I was very ill at time , in the space of about 11 months I had got divorced after 25 years, sold the family home, moved a further 3 times, and had a complete emotional, and physical break down, I was so poorly I could not even get life insurance

 

2.I have been given two CCA with two different months and signatures, one is I believe not mine...

both carry the same bar codes, and have been shrunk to un audible size ?

 

3. We do not know were Trustee came up with the figure, our homes are going for as little as £120,000 approx.

 

4. Yes my ex-husband has spent thousands on this house, but we brought it in bad shape so a lot of it like Double Glazing, Heating, will not add much to price, however he has build a very large summer house at bottom with slatted roof, Double glazed, etc. He spent a lot on this !

 

5. Our combined equity is £90,000 the mortgage took out by him but in both names was for £55,000, still owe £52,000 I have only paid interest, Ex-hub has his own large endowment, payable in 2 years time !

 

Hope this helps Mouldy xx

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Watson

 

Your first port of call is to the Court of Appeal respectfully requesting their permission for variation of time to file and serve your appeal against this bankruptcy Order. Read back through my recent posts on this.

 

Your second port of call would be to the Court thsat handed down this Bankruptcy Order, whereby you and your ex-husband will be seeking a freezing Order under CPR Pt 25 against the trustee in respect of your property, until the Court of Appeal has made its decision on your appeal in respect of the same.

 

A lot of legal admin involved Watson, I sincerely hope that I will remain well enough to guide you and hold your hand through it all.

 

Good stuff from Wooks and Andy, if any other fellow member of Cag can join in so that we are all working together to help Watson (wendyboats) then please do not hesitate to post your contributions here, many hand make light work, or so they say. This is the Consumer Action Group and I know that there are many hands who would like to help Watson, please post your comments here and do not feel embarrassed if you get something wrong, we are all part of the same team and we must support each other and been seen to be supporting each other.

 

 

We can do this for Watson, please come on board this most testing case and the long haul involved in order to pull the plug that Watson and her family are suffering from. This is the Consumer Action Group, to my mind this means a group of like minded people who will undertake tasks and action for the consumer who has been wronged both in law and morally.

 

We are a team, are we not?

 

Godzilla

 

The Mould

 

God bless you my friend, Mouldy......Please stay well, not for my sake, but for yours, and your family, I am so luck I found you all and this honest, hard working forum, of people I have never met, but feel as if I have, and I have trusted you all over any others I have had dealings with, regarding my nightmare, of the past 16 months.

 

I shall go tomorrow to seek these requests, and collect another form for ex-hub... How do I apply to court of appeal ? is it crown court ? Please advise Watson again re: this part , kindest regards dear friend, Wendy xxx

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God bless you my friend, Mouldy......Please stay well, not for my sake, but for yours, and your family, I am so luck I found you all and this honest, hard working forum, of people I have never met, but feel as if I have, and I have trusted you all over any others I have had dealings with, regarding my nightmare, of the past 16 months.

 

I shall go tomorrow to seek these requests, and collect another form for ex-hub... How do I apply to court of appeal ? is it crown court ? Please advise Watson again re: this part , kindest regards dear friend, Wendy xxx

 

NO, Watson, your first application (N244) is to Court of Appeal under CPR Pt 52 r.52.6 for variation of time to vary the time limit for filing an appeal notice which must be made to the appeal Court. Please re-read my previous posts on this, you shall find the answers there.

 

 

 

Further, as your ex-husband has carried out improvements on the property, you have a valid argument that he is due more on the valuation thereof and that it was agreed between the both of you, that since he is spending his own money on the property and undertaking work thereon by himself, that the £48k figure put forward by the trustee is inaccurate and that you require her to substantiate the same through the Royal Institute of Chartered Surveyors (RICS) who are to take into account all works undertaken and paid for by your ex-husband on the said property. In the light of the forgoing, the trustee's contentions that your share in the said property are highly inaccurate and denied.

 

Your ex-husband needs to send a letter similar to the above to the trustees' sols and insist that their client provide unequivocal independent and irrefutable proof as to her contentions as regards her claim that your equity in the property is £48,000.00.

 

Kind regards

 

The Mould

 

Tooth by tooth, bone by bone, we shall overcome this injustice Watson.

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