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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
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lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!


wendyboats
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Trustee who also has her own solicitors fees added was also appointed by lowells. :|

 

Sorry, not sure if this has been addressed and I don't know if its relevant.... But the claimant appoints the Trustee??

 

Is there not an independant body of Trustees appointed by the court??

 

Maybe not and just want to make sure everything is considered.

 

A

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The Trustee was appointed by Lowells and is as cunning as them and cares less about us and she has held back telling me i had PPI and other information i asked for in July last year, then when i wrote to capone 3 weeks ago they sent the reply to her and she sent it to me saying any PPI payment would go to her anyway !!

 

My ex husband is fuming as no one contacted him before action but as soon as trustee was appointed she phoned him and gave him option to by my equity or risk loosing his house, They locked horns and it got quite nasty she very glibly told him she had repossessed 16 homes last year and she can and will repossess his!

 

He has put a lot into the house far far more than i.

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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?

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She put it in the Gazette in london and as far as i am aware i have never been told there are more and my understanding is there is only so long for other creditors to claim.

 

As far as i understand it LOWELLS appointed her and she has stated many times she works for them. I did find it strange that with me living in southampton it was strange to have a Trustee in leeds but then on discovering the server who was told it was ok by the judge to just stick it in my letter box also was appointed by Lowells and i understand also comes from leeds.

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When this nightmare began i met the insolvency man based here, and when i couldn't get any information regarding what the debts were for he helped me alot, I had cause to email him 3-4 times but apparently they're not meant to assist Bankrupt really but they assist the trustee?

 

When i went to court to try and annul this they used a local solicitors to represent them, but i was stunned to learn the Trustee was due to come from leeds to be a witness but did not turn up in the end, all very bizza

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The county court judgement was 6 June 2012 at 11. am and lasted 20 mins.

I found out when the letters started coming from land registry department and insolvency letters and the the phone call from the Trustee in Leeds letting me know she wanted my equity in my half of property.

 

 

 

Ok so the original CCJ was granted in June 2012, what date did you find out about it or were you aware of the CCJ hearing at the time?

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The first we knew i had been made Bankrupt was about 2 weeks after when all the letters came through the door. i never received any letters as i was not living there at time

 

The judge did comment that i should have changed my postal address but the situation was day to day week to week and it turned into 4 months !

 

I have contacted Law works via internet site with details so hope to hear back tomorrow

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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

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Hi Daniella yes i did so a BIG BIG:clap2: Thank you for that ! it took awhile to give all info but it was worth it.

I am waiting to get a call although i expect it will be monday now as it takes 1 working day for them to find the best one.

 

I will be making a small donation next week for all the advice and support given to me so far, all i can say is thank god fore this site you are all fantastic :hail:

 

I have not slept properly since my annulment case failed, but i can see now why it did and people need to know what's right and wrong and you guys do that so thanks again :love:

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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

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After waiting for call fom solicitor just received email from her saying she will have to ring me on Monday after 10.30am !!:Cry:

 

Disappointed as got to wait all weekend, but i guess its ok because at least i know now i can get a good Lawyer on my case :dance:

 

Still i got weekend to look on here and put it all in perspective and remember i'm not the only one with problems xx:wink:

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