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    • as i said in post 2 you do not appeal stop reading other forums read the threads here i pointed you too   await the ntk.   dx  
    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
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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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