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

[Desperate Daniella]

I don't think wendyboats or anyone is being complacent, but I think we should try to be optimistic.

[Desperate Daniella]

" Adding the debts together so it was over the £750 threshold has been mentioned on this thread many times by different people. I have not seen so far any case law and/or rules being quoted, which clearly show that a creditor cannot do this. I think this should be thoroughly researched."

 

Quite correct there isn't any UB...the problem for the creditor/DCA is substantiating them when challenged...becomes very complicated and parts of the claim may be discontinued.

 

Regards

 

Andy

 

Bearing mind we have a combination of Lowell and a Capital One account it's highly likely they would not have been able to substantiate it.

[Desperate Daniella]

Can I ask, andy, what you think about Lowell's being able to appoint the administrator. I gather they can do this, but I was really shocked to learn that. Surely it should be someone with no connection to the creditors?

[Desperate Daniella]

Unless I read the entire thread again I don't know if there are any other creditors listed in the Bankruptcy Order. So if it is the case that it is only about the SD from Lowell's surely it should have been the next TiB on the rota (as I had always thought too) rather than someone chosen/appointed by Lowell's who would clearly have a vested interest in getting as much money for them as possible. The charges added are unbelievable.

[Desperate Daniella]

Hi wendyboats,

 

They had enough to get you on Capone because of all the penalty charges! But they could have been argued and deducted so adding the other two got you way over the threshold.

 

The worse thing is that you didn't get a set aside on the basis that you didn't get the Court papers in the first place.

 

DDxxx

[Desperate Daniella]

Hi wendyboats,

 

I didn't realize you had a trainee barrister. I know they have to learn, but there are bright ones and not so bright ones. A friend of mine lost a winnable case because she had a really dopey barrister. Unfortunately I didn't go to the first day of the trial; when I went on the second day and saw the barrister in action I was horrified but it was too late. If I had gone on the first day I would have told my friend she had to be "ill" on the second day so the trial couldn't go ahead until she got proper representation. She ended up with costs of £33,000. Fortunately I found her a new solicitor who instructed a megastar in the making barrister and although the whole thing couldn't be appealed the costs were reduced to £3,000 over three years. It's all in a day's work to them - win or lose - but their effective arguments or lack of them change lives.

 

I am so sorry to hear that you have another stressful event in your life right now. That is dreadful and you just don't need it on top of everything else. I hope it turns out to be okay.

 

Your daughter and grandson are so lucky to have you too.

 

Running out to school.

 

Huge hugs,

 

DDxxxxxxxxxxxxxxxxxxx

[Desperate Daniella]

Hi wendyboats,

 

I hope you are going to bed in a minute. You need the rest. I know that when you go to bed you probably lie there worrying so you must read a book. Some very good advice someone once gave me, and it is absolutely true, is that you cannot have more than one thought in your head at any one time, so if you are reading you aren't worrying about your problems. When things get on top of me I read until I am really tired. Doesn't matter if it is late; you would only have been awake and worrying instead. I recommend James Patterson, Alex Kava or Harlen Coben. They don't require very much effort and keep the action interesting. Patricia Cornwell and Kathy Reichs are good but sometimes a bit technical at 2.00 a.m.

 

It is amazing - unfair? - that some people appear to go through life smoothly without any major disasters and are very happy and contented while others seem to get one thing after another dumped on them. I don't know why.

 

You are certainly not stupid, nor a pushover; you are a fighter and I know you will keep fighting.

 

I am worried about our friend on the moors too. I'm sure he will be back to hold your hand as soon as he possibly can.

 

Night, night,

 

DDxx

[Desperate Daniella]

Hi The Mould,

 

I am so sorry you have been so unwell. I thought that was probably the case, or that your wife must have been very unwell, because you are always here when you can be.

 

I hope you are feeling a little better. Of course wendyboats and I are going to worry about you.

 

DDxx

[Desperate Daniella]

Godzilla to you too, The Mould.

 

I really hope you will feel a little better soon.

 

We'll be thinking of you and I'll be praying for you too.

 

Your eternal friend,

 

DDxx

[Desperate Daniella]

Hi The Mould,

 

Just wondered how you are as I know you have been dealt a major blow. I'm sure you are being really strong for your wife and the superdudes.

 

Love,

 

DDxx

[Desperate Daniella]

I am so terribly sorry to hear what has happened to you. I have been very concerned about you. The unfairness of the way you were treated is just appalling. I have no doubt that your case was sound and your arguments were good. We all know how carefully you research everything and how much help you have given here.

 

I have to say I have noticed from newspaper reports over the past few years that many judges appear to give judgments which make no sense whatsoever to right-minded people and yet they are never held to account.

 

I know how much law books cost and those alone must have cost you a small fortune.

 

I am sorry you are too unwell to appeal. Some of the more senior judges still seem to have integrity as we saw with Brandon. They didn't approve of his actions but they followed the law. They were just. The judge in your case clearly wasn't.

 

£300k in costs is just too enormous a sum to contemplate. I would be filled with the utmost terror.

 

You have said you will heal and you are brave and strong and I know you will. You have to be strong for your wife and the superdudes.

 

You are a good person and you just didn't deserve this to happen to you.

 

My heart goes out to you and I am sending you love and prayers.

 

DDxx

[Desperate Daniella]

I wish I could help too. It is so very sad.

 

Bad things happen to good people. It is very unfair.

 

We are all here for each other and do the best we possibly can.

 

Big hugs to you too, and to The Mould of course.

 

DDxxxxxxxxxxx

[Desperate Daniella]

Hi wendyboats,

 

Any update on the barrister?

 

DDxx

[Desperate Daniella]

As promised, I'm reading through it now, wendyboats.

[Desperate Daniella]

Hi Uncle,

 

I haven't been able to get that bit in because I don't quite get the time frame, but I have tried to draft something and would appreciate your comments/thoughts/additions/deletions.

 

 

 

1. I was not made aware by my solicitor or the inexperienced barrister he appointed to act for me that ... pretty much as Uncle has said.

 

2. From internet research I discovered I could appeal the decision and I was advised to try to find a pro bono solicitor to represent me. I could not afford to pay a solicitor as I had no income between April 2013 and November 2013 due to an error by DHSS which meant my income support was not paid. I had to borrow £2,500 from family and friends to pay my bills and also support my young grandson who lives with me.

 

3. It took a year to prepare the appeal due to BW Legal's failure to supply requested documentation until the day before the Hearing.

 

I'm muddled about the dates of the previous solicitor. You need to put her name and firm in and put in the dates she acted for you.

 

 

 

4. XX solicitors of Brighton agreed to act for me in August 2013. The previous solicitor sent my bundle to her and she said that she and her colleagues were happy to act for me. She stated that she had been successful in many similar cases and she posted my story on her internet forum.

 

5. I did not hear from her until 9th October. She informed me that the Trustee in Bankruptcy had given 14 days' notice that they were intending to apply to the Court to force a sale, and she and her colleagues did not feel they had enough time to prepare an appeal. She returned my bundle and said she could no longer act for me.

 

6. I filed my N244 Application at Southampton Combined Courts on 12th November 2013. It was passed to Winchester Combined Courts who wrote to me on 11th December 2013 to say that the file had been passed to the Chancery Division in London. They enclosed form N161 which I completed and sent to the Court with the fee of £235.

 

7. I had no knowledge of the original Court proceedings until after the Hearing as I was away from home for some considerable time due to a family crisis.

 

8. I do not owe the alleged debt and can prove this. The original claim was for various debts which I do not acknowledge and by putting all three alleged debts on to one claim Lowell ensured that it would total above the bankruptcy threshold of £750.

 

9. Part of the alleged debt is for a Capital One Bank unsecured loan for £500 towards which I had made payments for 18 months. I was mis-sold Payment Protection Insurance which should be refunded and there are also default charges which should be refunded. Notwithstanding that I do not acknowledge the debt, if these charges in total were removed from the original claim it would not have been above the £750 bankruptcy threshold.

 

10. The Trustee who was appointed by the Creditor is now seeking a total of £xxxxx and is attempting to force the sale of the house which I jointly own with my ex-husband.

 

11. I am also a kinship foster carer for my seven-year-old grandson who resides with me at the house as his mother suffers from addiction problems and he cannot live with her.

 

12. I am also in bad health myself and suffering from extreme stress which can be confirmed by my doctor.

 

I would respectfully ask the Court to set aside theBankruptcy Petition which was granted against me so that I may be allowed to defend the original Claim and not lose my home.

 

 

STATEMENT OF TRUTH

 

 

 

I believe the facts stated in this Application are true.

 

 

 

Signed wendyboats

 

Date

[Desperate Daniella]

Sorry, wendyboats, had to go out.

 

Don't panic if you have five days. Express tomorrow should be fine. It's important to get it right, and you need to make the amendments about the first solicitor.

 

As Uncle says, make more of the fact about the timing of the solicitor pulling out.

 

Also, GM is right. You should deny all knowledge of the mobile phone debts.

 

DDxx

[Desperate Daniella]

Not quite alone.

 

Hugs,

 

DDxxxxxxxxxxxxxxxxxxx

[Desperate Daniella]

No apology needed.

 

I know you mean Mouldy and I know he would be here for you if he possibly could. He really was your cyber hand to hold. I hope he will come back soon.

 

What you are going through is absolutely awful and I know that you are alone in facing this and the other things going on right now. Remember you can always come here and rage about it all. Sometimes it really does help to have a cyber rant and let it out.

 

I hope you feel a little better this morning.

 

Love,

 

DDxxxxxxxxxxxxxxxxxxx

[Desperate Daniella]

Hi Wendy,

 

The courts are soooooo slow right now. I hope you hear something soon.

 

DDxx

[Desperate Daniella]

Give yourself a little rest, Wendy.

 

We'll be here in the morning.

 

Hugs,

 

DDxxxx

[Desperate Daniella]

Mike,

 

I agree with you. Wendy needs specialist advice and to be represented by a barrister who knows what they are doing.

 

I do agree with the advice you are giving: Wendy wasn't insolvent so it should never have been bankruptcy.

 

But also there were unfair charges on the account and had these been removed the claim would not have reached the bankruptcy threshold, also bearing in mind that she would have also have argued that the mobile phone accounts weren't owed either.

[Desperate Daniella]

I don't think there is any point in pursuing the PPI now.

 

I am concerned that some of the papers have apparently been lost and they may have made a difference to the order if [this] judge had seen them.

[Desperate Daniella]

I didn't mean not to claim it at all, I just meant it wasn't the top priority at the moment and if it had been knocked off the balance at the right time then the bankruptcy threshold wouldn't have been reached and none of this could have happened!

 

I think it will have to be an oral hearing too. The question is whether or not Wendy does this herself. I personally think if she can afford it she should be represented. I think a good barrister could win this for her. It's very easy to get flustered, especially if you get an unsympathetic judge, and where Wendy is on dodgy ground here is the length of time before the appeal.

[Desperate Daniella]

Hi The Mould,

 

Wendy will be soooo happy to hear from you. We have both been very concerned about you and your family and you have been constantly in our thoughts.

 

We are just so sorry you are going through such a very bad time.

 

Sending you love, hugs and prayers,

 

DDxx

[Desperate Daniella]

We love you too, and if you ever want to let off steam, or I can help in any way, please pm me.. I know Wendy feels the same.

 

In haste,

 

DDxxx