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


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DD

 

YES ITS THE ONE !

 

But apparently if i don't feel confident i can say.......and i will say, as you pointed out earlier i only got one shot at this, and i want to get it right, not just for me but for everyone else thats in the same boat now, and in the future

 

:grouphug:xxxxxxxx

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This site is full of info, and i can not believe the depths that DCA go to when achieving their goal to get money out of innocent Debtors who have no reasons not to pay a debt, other than it getting out of their financial means by the creditors piling on all their unlawful fees to default them and plough them into deeper debt!

 

In my case i have learnt tonight reading on the feeds, (sticky) with the easy to read facts about the law with DCA that..

 

1. Capital one never once contacted me in writing at my new address of 4 years prior to LOWELL PORTFOLIO ONE buying it , As required by law, regarding my account to notify me of default and charges etc, And this fact is not seen in the new creditors own court letters of evidence to date, so for over 5 and half years i had no clue i owed anything .

why?

 

2.I have never seen in creditors proof of letters sent, one that clearly set out the debt as required by law, in that, how the debt of £500.00 accumulated to its final amount of £850.00, or the date it started and date it defaulted,charges etc.

 

3.Trustee kept from me...... (FOR A YEAR) and to the cost for me £2,000 for MY solicitor, and one failed court case + LOWELLS COSTS £2,856.OO for 40mins court case, for me to get TO SEE what they used to BANKRUPT ME :mad2:

 

when id asked her for detail of debt, like did i have PPI, and how did the debt amast to more than originally amount i spent,( due to FEES) from the minute i found out and she said she would :lol:.

 

4.So i now know that i was made banktrupt for a CAPITAL ONE CARD credit limit £500.00 and two mobile phones DEBT NOT PROVEN ON PHONES, I realise now i was put into default in the week of using it due to me spending £440.00 and CAPITAL ONE the first day i used it added FEES totaling £80.00.

 

5.Unaware of this fact it was then two months later my direct debit payment was not enough and never would be,Thus leading into the following months DD payment and so it begins .

 

6.I then believe i've activated my PPI due to illness. and i'm still paying minimum payment by DD believing the card is getting payed off for a further 6 months by PPI & DD.......... Wrong PPI was not paying only taking as was lots FEES BY CAPITAL ONE!

 

MY GOD IV LEARNT SO MUCH POST BANKRUPTCY............................SO NOW TO CLARIFY.. BACK IN OCT 2006 I SPENT £440.00 ON CAPONE CARD (MOST WENT TO PAY FOR REPAIRS ON CAR) IN JUNE 2013 THAT HAS COST ME TO DATE, TO TRUSTEE £20,000 + AND TO GET IT THEY WANT TO SELL MY HOUSE, AND GET MY HALF OF THE EQUITY TO THE TUNE OF £35,000.:-x

 

GOD THAT FEELS BETTER:frusty: XX

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Hi two quick questions if you don't mind.

 

What was the £80.00 added the day you first used the credit card?

 

What was the Court hearing you lost about?

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Hi Ganymede

 

The add ons were cash advance fees x4 over 3 days- PPI x2 with in 2 days- interest fee on 2 day- sorry i should have said over 3 days !

 

ANNULLING BANKRUPTCY ORDER ON GROUNDS IT SHOULD NEVER HAVE BEEN GRANTED. Thanks for Questions.

 

All info is hopefully on my Thread but feel free to ask me anything :smile:

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Hi Ganymede

 

The add ons were cash advance fees x4 over 3 days- PPI x2 with in 2 days- interest fee on 2 day- sorry i should have said over 3 days !

 

ANNULLING BANKRUPTCY ORDER ON GROUNDS IT SHOULD NEVER HAVE BEEN GRANTED. Thanks for Questions.

 

All info is hopefully on my Thread but feel free to ask me anything :smile:

 

 

 

Thanks.

 

You haven't given much detail about the previous annulment hearing to be fair, what exactly happened?

 

I hadn't realised you have tried to have the bankruptcy annulled once before and failed.

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Oh no i have not only once in july this year it took a year to get all info from lowells and they gave it 5 days before hearing we lost due to a number of things one being it was same judge who granted it in my absence

 

 

:|

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Oh no i have not only once in july this year it took a year to get all info from lowells and they gave it 5 days before hearing we lost due to a number of things one being it was same judge who granted it in my absence

 

 

:|

 

 

 

Any chance you could expand on the reasons why please?

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Hi Ganymede

 

Judge said she was happy that they had sent out all the letters and i must have received them, also the Barrister was a trainee and all i could afford because i had to borrow the £2,000 to pay for my solicitor to try and get veiw of all the paperwork as i was on long term disability allowance.

 

It took nearly a year to achieve that, and up till 5 days before the appeal we still did not have any proof of anything they said had been sent, so solicitor was at this point more hopeful of success.He made a complaint to LOWELLS as he said all the time wasting has cost me more money,and i might have considered other options !

 

The judge did not even have my last affidavit of my evidence and when given it she did not bother to read it! The only thing she did in my favor was reduce their fee for the hearing down from £7,542.00 to £2,387.00 as she said they did not need to be using 2 A graded and 2 B graded and 1 C graded layers in the defence Appeal hearing, as my side had done all the running around not theirs. That fee is now added to the amount asked by Trustee at start which was £18,500 reduced to £8,580 if i payed in full last October!

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wendyboats,

 

I have just got home after being away since Friday and haven't had time to read your last posts - will read in full tomorrow - but I have been very worried about the solicitor. I don't think you should commit to her. You have said where you live. I have googled the area for legal aid solicitors and I think you should do the same, and compare it with the other firm's website. I would never use a firm if I couldn't see who they all are.

 

I think you should have a ring around and see who else you can get. Speak to her by all means but don't commit. This is too important.

 

DDxx

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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.

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I agree she should speak to them and I have said that she should check out the experience of the solicitor who is ringing her. However, I am not certain that the solicitor who is ringing her would fill me with confidence having seen the FB profile. I work with solicitors, my late sister was a solicitor, and none of them would put up a profile like that.

 

They may be a major legal aid supplier, but personally I would rather work with a more traditional, for want of a better word, solicitor who also did legal aid. This is quite a complicated situation. I would want to know that I was getting a solicitor who had a lot of experience.

 

I know the legal aid rules have changed, but I'd still want to check out who else was available to handle this.

 

She may be wonderful of course but I'd want a Rottweiler.

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Hi Desperate Daniella

 

Welcome home,

 

I have prepared my questions to ask her in morning and i will see what she says before i decide to appoint her as i am very aware i need the best i can find this time.

 

I appreciate your concerns and its comforting to know i have honest caring people watching my back ! :hug: x

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I agree she should speak to them and I have said that she should check out the experience of the solicitor who is ringing her. However, I am not certain that the solicitor who is ringing her would fill me with confidence having seen the FB profile. I work with solicitors, my late sister was a solicitor, and none of them would put up a profile like that.

 

They may be a major legal aid supplier, but personally I would rather work with a more traditional, for want of a better word, solicitor who also did legal aid. This is quite a complicated situation. I would want to know that I was getting a solicitor who had a lot of experience.

 

I know the legal aid rules have changed, but I'd still want to check out who else was available to handle this.

 

She may be wonderful of course but I'd want a Rottweiler.

 

More traditional?

 

It's 2013 not 1953.

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I agree she should speak to them and I have said that she should check out the experience of the solicitor who is ringing her. However, I am not certain that the solicitor who is ringing her would fill me with confidence having seen the FB profile. I work with solicitors, my late sister was a solicitor, and none of them would put up a profile like that.

 

They may be a major legal aid supplier, but personally I would rather work with a more traditional, for want of a better word, solicitor who also did legal aid. This is quite a complicated situation. I would want to know that I was getting a solicitor who had a lot of experience.

 

I know the legal aid rules have changed, but I'd still want to check out who else was available to handle this.

 

She may be wonderful of course but I'd want a Rottweiler.

 

Thats exactly what i need you're right their DD:lol: x

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WELL I HAVE WAITED ALL DAY FOR MY PHONE CALL:-x AND I AM REALLY UPSET,IF THIS IS HOW THIS COMPANY PERFORM IT MIGHT BE AN OMEN TO ASK FOR ANOTHER SOLICITOR !

 

WHAT MADE IT WORSE WAS THE FACT MY COMPUTER CRASHED TILL 2.2OPM AND THEN INTERNET PLAYED UP !!:madgrin:

 

GOD WHAT A DAY :sad:

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Wendyboats

 

I am fully aware of your situation,

 

this is my first post on your thread/case so it may not provide you with the protection in accordance with the law in this area that you so clearly and desperately need right now.

 

This matter is controlling your life and clearly causing serious distress and upset to you and your family.

 

Hang on in there, because in all the spare time that I have available,

 

I promise you that I will undertake all the research that is needed in order to save you and your family from this most unpleasant situation.

 

As you are by now aware, you are not alone and I am certain that all members of CAG are doing their best to help you.

 

Kind regards

 

The Mould

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Wendyboats

 

I am fully aware of your situation, this is my first post on your thread/case so it may not provide you with the protection in accordance with the law in this area that you so clearly and desperately need right now. This matter is controlling your life and clearly causing serious distress and upset to you and your family. Hang on in there, because in all the spare time that I have available, I promise you that I will undertake all the research that is needed in order to save you and your family from this most unpleasant situation.

 

As you are by now aware, you are not alone and I am certain that all members of CAG are doing their best to help you.

 

Kind regards

 

The Mould

 

WOW THE MOULD you are really good because ill iv done today is cry and cry:Cry:

 

While waiting for the phone call i again went over the evidence i managed to get from my appeal and my case is full of HOW CAN I PUT IT:?:

 

FALSE AND UNTRUE ELECTRONICALLY TAMPERED WITH PAPER WORK:suspicious:

 

Then today i noticed the letter i got from Trustee last week in response to my request to CAPONE RE;PPI Staring right out of the page at me was a stamp date 26TH JULY 2012 !

 

So she sent me a letter she had received from CAPONE and passing it off as the response to my recorded letter this JULY 24th????

 

And then telling me i had 30 days to respond to it or she was closing file on that claim !!

 

I'M Starting to get very very angry :mad2: x

 

I FORE GOT TO ADD THANK YOU ALL I AM VERY HUMBLED BY THIS COMMENT XX

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“Thats when we gota solicitor involved as we were being ignored......

.......that was November2012 and after months of asking for all relevant documents with no success wentfor annulment......

...... 5 daysbefore court case they sent some stat demand from capone and a copy of the CCA

but by this point we had spent £2,000on solicitors fees and felt we had a 50%50 chance to get it overturned........

......But on day of court case 17 July 2013 IT WAS IN FRONT OF JUDGEWHO GRANTED BR !!” (my empathise added)

 

What reasons did your instructed solicitors give to you that held you under a belief that you had a 50/50% chance

that this Statutory Demand would be overturned?

Are such reasons put in writing by yourinstructed solicitors (“IS”)? Email/faxis sufficient as documentary evidence.

Please post up their reasons in this respect.

 

I forgot to add the copies of statements of account show i paid by DD

clip_image001.gif

but only min fee so it kept me over £500 i was not aware of that.......

...at opening of card and within days i was in trouble each month

they added fees innov 2006 it stood at £532.04

then went up and up when i stopped payments in april 2007 it stood at £658,04

then they continued on till sep 2008 when they defaulted me to the tune of £850.35p.

Fees made up of two default payments each month, interest

clip_image001.gif, PPIclip_image001.gif, andlate fees” !

The Default notice may well be invalid, this would mean that Statutory Demand is invalid (see-s.87(1) CCA 1974 (as amemded)

Woodchester v Swain, Link v Harisson and AmericanExpress v Brandon in this respect), therefore, enforcement action by your creditorcan be overturned by Court of Appeal on your “out of time” Appeal against thismatter! Goodness me, you appear to be afighter and let me tell you woman, this will be the fight of your life, which Isincerely hope you will undertake!

 

 

Also in the oct2006 on day of activation i was charge two ppi payments £20.00 sentinel cardprotection and ppi £4.15. 4 cash withdrawal fees £60.00 pounds worth of fees onday one !!

 

If there is mis-sold ppi on the Consumer Credit Agreement, whichwould be regulated by the CCA 1974 (as amended – in 2006), then the Court mustlook into this matter and the fact that phone Co. debts were added/included inthe aggregates of the debt as claimed as owing under the Statutory Demand. This case stinks like Boloiunge harbour (in France) and I believe that the opcan defeat this bankruptcy action based upon the circumstances of thiscase. Court of Appeal application oughtto be made.

 

 

 

Further investigation is required, in this regard, the op,Wendyboats, needs to ensure that all facts are posted here as regards thehistory of this matter (no disrespect is intended against you Wendyboats).

 

 

 

Kind regards

 

The Mould

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Yes, something wrong here, apart from mess, which I believe the op has been taken advantage off as far as this matter is concerned - from both sides! The Claimant's reps and her own reps!

 

Kind regards

 

The Mould

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More traditional?

 

It's 2013 not 1953.

 

I said: "More traditional, for want of a better word." I was being polite about the person they suggested. I also said she may possibly be wonderful. I would want someone with considerable experience handling this situation, not someone who qualified a couple of years ago. As I said, I work with a number of solicitors. I would have been put off by the FB profile, but I would have spoken to her as I suggested wendyboats did. As it happens the solicitor didn't even phone.

 

wendyboats, The Mould has given brilliant advice on this Forum and I am glad he is helping you here.

 

DDxx

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I said: "More traditional, for want of a better word." I was being polite about the person they suggested. I also said she may possibly be wonderful. I would want someone with considerable experience handling this situation, not someone who qualified a couple of years ago. As I said, I work with a number of solicitors. I would have been put off by the FB profile, but I would have spoken to her as I suggested wendyboats did. As it happens the solicitor didn't even phone.

 

wendyboats, The Mould has given brilliant advice on this Forum and I am glad he is helping you here.

 

DDxx

 

Goodness me DD

 

I am very unwell at the present, have been for over a year, your comments on my post has me in tears.

 

Thank you so kindly for your consideration. I sincerely hope that I can help Wendyboats to succeed in this mater and bring and end to her/her private household's life based upon what I believe to be an ocean of injustice inflicted against her.

 

Kind regards

 

The Mould

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