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


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I can not get my head round fact that iv been made bankrupt on a debt that Lowell knew had refundable PPI and FEES claim that would have ment id have never gone over my limit???:

 

frusty: THIS CAN NOT BE LEGAL SURLY ????

 

You have to stitched up badly and I think you should see your local MP as soon as possible. There must be a way to resolve this silly situation.

 

The Solicitor that charged you £2k obviously did not do their job properly. I would also question whether the Judge that granted the bankruptcy should have heard the appeal. I don't know what the rules are with this, but they are less likely to overturn.

 

In regard to PPI, I would submit your complaint to the FOS and get them to start to look into it.

 

Lowells don't give a sh*t. It appears that their practice is to pick on x number of people per month to scare the sh*t out of people, who see these stories reported online. They therefore see a larger number of people repaying their debts, when Lowells issue their standard debt collection letters. You have been very unlucky. It was up to BW Legal/Lowells to make sure all the lnsolvency rules were followed in making you bankrupt. In your appeal, it does not seem that your Solicitor was able to demonstrate that BW Legal/Lowells had not followed the correct rules. The details of the actual debts may not have even been considered properly. They just evidenced the debt was owed by you and that they owned the debt, so you had to pay them including all their costs.

We could do with some help from you.

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I have got to go to doctors now and will be back in a while and i'm getting on phone to call as many authorities as i can to investigate this case !:mad2: i have just emailed my MP xx

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Since you have contacted your MP this link might be of use http://www.parliament.uk/briefing-papers/SN05178.pdf it's a guide for MP's re bancruptcy.

 

(fonts gone crazy)

 

It mentions something called a charging order which can last up to 12 years.

If the trustee agrees to this (their primary duty is to serve the creditor) they retain an interest in the property but you don't have to sell.

 

Might buy you some time to sort things out.

Obviously I'm no expert just looking for things that might help.

 

What has happened is wrong, plain and simple.

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Dear Wendyboats Watson

Sorry I have not been around on these moors for a couple ofdays, still unwell my dear Dr Watson. Have not abandoned you nor forgotten your situation. We need to go back to the beginning of thismatter to the time when you encountered financial difficulties (don’t be embarrassedabout it Watson) as regards meeting yourobligations under the credit agreement with the original creditor; talk usthrough all and any correspondence/communication that you had with him and theresult of which led your original creditor to serve the default notice uponyou.

I believe that if we can show that such default notice wasinvalid because it did not comply with the statutory provisions of s.87(1) ofthe CCA 1974 (as amended – this act was amended in 2006 Watson), then, you mayhave grounds under s.282(1) of the Insolvency Act 1986 to seek annulment of thebankruptcy, because if said default notice contravenes s.87(1) of said CCA,then creditor not entitled to enforce the credit agreement and demand fullpayment of sum claimed thereunder.

While I am well enough at present time Watson, I shallperuse your thread/case from post#1 to as of date hereof and if I have anyfurther questions or if some other matter should enter into my mind, then Ishall make further enquiries of you Watson in order to obtain further detailson this matter that may well help you to hold your ground against this matter.

Hereafter you will find some commentary on important andrelevant matters on the Insolvency Act 1986, have a good read Watson and, wherean authority is cited, search the same and print it off.

Further, what angle/legal argument/grounds did yourinstructed solicitors take on this matter? What did they advise you? What instructions did you give to them?

Further, as regards ppi on the credit agreement, is thisdebt in your sole name? Did you actually request the ppi for this account? Wereyou self-employed at time of filing application for this credit agreement anddid you inform the creditor of such?

INSOLVENCY ACT 1986

3E–110

Review, rescind orvary

Section 375(1) of the Insolvency Act gives the court powerto review, rescind or vary any order made by it in the exercise of itsjurisdiction. This provision is of very broad application but should not beused in place of an appeal. The fact that an appeal is pending does not preventto court from rehearing a matter and reviewing any order made. The exercise ofthe power should be confined to cases in which there has been a change ofcircumstance since the making of the original order. The court may apply thisprovision to a bankruptcy order in circumstances where annulment is notpossible (Fitch v Official Receiver [1996] 1 W.L.R. 242). For a detailedanalysis of the jurisdiction see Papanicola v Humphreys [2005] EWHC 335 (Ch);[2005] 2 All E.R. 418.

3E–111

Annulment

The jurisdiction to annul a bankruptcy order is found inss.261 and 282 of the Insolvency Act. Section 261(1)(a) allows a bankrupt to apply for the annulmentof the bankruptcy order if his creditors have at a meeting called for thepurpose approved a proposal for a voluntary arrangement. The court cannot makethe order before the end of the period of 28 days beginning with the day onwhich the chairman's report was made to the court (s.261(2) . The officialreceiver and trustee (if appointed) are necessary parties and must be givennotice of the application but they are not required to file any report. If thecourt feels that a relevant obligation under the arrangement has yet to befulfilled, for example if a third party is to make a single lump sum payment,then the court may adjourn the annulment application until the payment has beenreceived.

Section 282(1) gives the court power to annul a bankruptcyorder on the basis that either (a) on grounds existing at the time the order wasmade it should not have been made or (b) the bankrupt has paid orsecured his debts in full. Rule 6.206 sets out the requirements for applicationunder both subs.(1)(a) and (b). Where the application is brought unders.282(1)(a) the courts will generally besympathetic if the debtor can provide a reasonable explanation fornon-attendance in circumstances where his attendance would in all probabilityhave led to the adjournment or dismissal of the petition. In such cases theannulment will be on terms that he pays the official receiver's fees, costscharges and expenses and the creditor's costs of the annulment application.Further, unless the creditor agrees to the petition being dismissed, it will berestored to the list for hearing. There is no point in annulling if the debtoris hopelessly insolvent or if the trustee's inquiries reveal that there is astrong case that the bankrupt has entered into antecedent transactions.

Annulment under s.282(1)(b) can only be granted where theofficial receiver or trustee confirms that he is satisfied it is appropriateand files with the court a detailed report to this effect (r.6.207). In theabsence of such report the annulment cannot be granted.

The annulment of a bankruptcy order is a matter of discretion,and the court will not make an order where the bankrupt has not, for example,complied with his obligations to the official receiver or where there has beenmisconduct.

Where after the annulment has been granted a trustee wantsan order for his release he must make a separate fee paid application.

3E–112

Discharge

Section 279 of theInsolvency Act 1986 provides forautomatic discharge for the majority of bankrupts after one year (s.279(1) or earlier if the official receiver filesnotice (see r.6.214A that the affairs ofthe bankrupt do not require investigation or that such investigation has beenconcluded (s.279(2) in which case thebankrupt is discharged when the notice is filed. The trustee (where one hasbeen appointed) or a creditor may, within 28 days of receiving notice from theofficial receiver of his intention to file a notice under s.279(2) , inform theofficial receiver that he objects to the proposed course of action (r.6.214A(5).Reasons for objection must be given. The official receiver may reject theobjection, he must also give reasons and the trustee or creditor may appeal(r.6.214A(5)(b) and r.7.50, InsolvencyRules 1986). Any appeal must be made within 14 days of the notification by theofficial receiver of his decision (r.7.50(2)). The official receiver may stillapply to suspend discharge if a bankrupt fails to comply with his obligations.Section 279(3) provides that theofficial receiver may apply to suspend discharge until the end of a specifiedperiod or until the fulfilment of a specified condition (see also r.6.215 .

Section 282(1) gives the court power to annul a bankruptcyorder on the basis that either (a) on grounds existing at the time the orderwas made it should not have been made or (b) the bankrupt has paid orsecured his debts in full. Rule 6.206 sets out the requirements for applicationunder both subs.(1)(a) and (b). Where the application is brought unders.282(1)(a) the courts will generally besympathetic if the debtor can provide a reasonable explanation fornon-attendance in circumstances where his attendance would in all probabilityhave led to the adjournment or dismissal of the petition. In such cases theannulment will be on terms that he pays the official receiver's fees, costscharges and expenses and the creditor's costs of the annulment application.Further, unless the creditor agrees to the petition being dismissed, it will berestored to the list for hearing. There is no point in annulling if the debtoris hopelessly insolvent or if the trustee's inquiries reveal that there is astrong case that the bankrupt has entered into antecedent transactions.

Annulment under s.282(1)(b) can only be granted where the officialreceiver or trustee confirms that he is satisfied it is appropriate and fileswith the court a detailed report to this effect (r.6.207). In the absence ofsuch report the annulment cannot be granted.

The annulment of a bankruptcy order is a matter ofdiscretion, and the court will not make an order where the bankrupt has not,for example, complied with his obligations to the official receiver or wherethere has been misconduct.

Where after the annulment has been granted a trustee wantsan order for his release he must make a separate fee paid application.

In respect of the above Wendyboats Watson, does any of Section282(1)(a) apply to your case, that is the question? Was the creditor entitled to enforce thecredit agreement against you on the basis of the default notice served andcleary relied upon by him in respect of the statutory demand, because saiddefault notice served and relied upon by creditor did indeed comply with the statutoryprovisions of s.87(1) CCA (as amended)? Have a proper look through your own records/statement ofaccounts/letters of correspondence around this particular time (the date on thedefault notice), check to establish whether or not sum claimed by originalcreditor thereunder as due and owing is wholly factually correct or not(important!)

3E–113

The bankrupt'shome

Section 283A of theInsolvency Act 1986 introducesrestrictions on the right of a trustee to realise the home of the bankrupt.Under this provision, where the bankrupt had an interest in a dwelling-housewhich was the sole or principal residence of the bankrupt, the bankrupt'sspouse or former spouse at the date of the bankruptcy order, that interestceases to be comprised in the bankrupt's estate at the end of three yearsbeginning with the date of the bankruptcy and revests automatically in thebankrupt unless the trustee makes an application within the three year periodor takes any of the other steps set out in the section. The three year periodmay be extended (s.283A(6) .

Kind regards

My dear Watson

Your friend and profoundly concerned fellow CAG member

The Mould

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Hello Watson

 

We are all here with you. The carriage that leaves 221b Baker Street (when I am able to aboard such) is full of many, many wonderful people, all here to help you and your family as best we can.

 

Hold out for just a little bit (all you need) of divine intervention, it's on it's way to you. By the way Watson, I am not religious and I mean no disrespect to you or any other that are, faith Watson? How can I say this without offending you or any other? Religion is man-made, no man ever made this world and all the hearts that dwell within it. I have spoken the truth to you.

 

Kind regards

 

The Mould

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Hello Watson

 

We are all here with you. The carriage that leaves 221b Baker Street (when I am able to aboard such) is full of many, many wonderful people, all here to help you and your family as best we can.

 

Hold out for just a little bit (all you need) of divine intervention, it's on it's way to you. By the way Watson, I am not religious and I mean no disrespect to you or any other that are, faith Watson? How can I say this without offending you or any other? Religion is man-made, no man ever made this world and all the hearts that dwell within it. I have spoken the truth to you.

 

Kind regards

 

 

The Mould

 

WELCOME BACK TO ME THE MOULD.

 

I will answer all i can.

 

1. I had no paper correspondence whatsoever from CAPONE after i moved house in January 2007 and nor did i 2008/2009/2010/2011.

 

2.I contacted them in April 2007 by letter as to illness and sent with it copy of Doctors certificate and said i would still make payments from DD.As i was of no perminate adress i gave a contact number,i never heard from them.

 

3 I WENT INTO PRIVATE RENTING VIA LETTING AGENCY IN MAY 2007 ON A 6TH MONTH CONTRACT and i was long term sick benefit and i wrote again giving Doctors note and DHSS letter, minimum payments still being taken from my bank. When i brought the house i now live in at November 2008 i wrote again to inform them i was now on long term Disability allowance following a medical and inclosed letter from DHSS,also requesting a statement.

 

Hope this helps xxxxxxxxxxxxx

 

4.In April 2008 i cancelled DD as i closed account due to disbute with bank.I asumed when i did not hear from CAPONE that the DEBT of £440.00 i had used on card was by this time well and truely paid i forgot about it.

 

5. I never received one letter or phone call from CAPONE ever.I had lost card while moving into rented accommodation from my sisters house and while in storage and that is why i always wrote directly.

 

6.I never saw the two default notices they claim they sent in AUGUST 2008 AND SEPTEMBER 2008.Furthermore i was never advised by post that my minimum payments were not meeting DEBT or that i had never been covered by my PPI request.I never received statements of account or phone calls.

 

7.I have never received a letter from CAPONE or ANYONE ELSE ON STOPPING DD, And from evidence they have shown from SEPTEMBER 2008 TILL IT WAS SOLD no attempts were made by ANYONE to notify me of DEBT or try to collect on it.I received no letters notifying me that my Debt had been given to a DEBT COLLECTION AGENCY IN JANUARY 2011.

 

8.Around mid 2011 i recalled a letter from REDS COLLECTION AGENCY saying i owed THEM £1,666.31p ish and if i payed certain amount it would be discounted, i can not remember all details of it but i do remember i wrote asking what they thought i owed them for and dates,details.I never heard anything from them and put it down to a [problem].

 

I THINK I SHOULD ADD I DID NOT HAVE USE OF A COMPUTER FROM JANUARY 2008 TILL ABOUT OCTOBER OF YEAR 2011 AND CALLS WERE CHARGED AT HIGH RATE NUMBERS.

 

9.Once it had been established in AUGUST 2012 I WAS BANKRUPT i was met with CREDITORS AND THE TRUSTEE giving no details of DEBT and TRUSTEE TOLD ME I had to ask the insolvency department which i did by email and thats when i found out CAPONE CARD USED! I from that instant said i had PPI protection etc. And asked how could of this DEBT be £850.00?

 

10.After trying for 3 months to get proof of DEBT i went on line to find a solicitor who specialised in Bankruptcy and was put in touch with LAW COMM.He said he needed to see paperwork first and would request it. I borrowed the £500 asked to do this.

 

In around April 2013 bits and pieces started to come but nothing of importance so Solicitor wrote and advised if nothing was forth coming he was going to ask for Annulment, and i was asked for a further £500 fee.

 

He wrote to Trustee re; PPI and her solicitors requesting all relevant paperwork, this went on and on till the month of court case and then more important papers came but not the most important ones, and then on the Friday of the week due in court, following Tuesday all paperwork came and i had to do another 2 affidavits and pay £300 for Barrister and £700 ADDITIONAL FEES TOTAL £2,000 AND A MUCH SLIMMER CHANCE OF WINNING!

 

I might point out the two copies given of credit agreement with different dates and signatures had been given a month earlier but Solicitor did not mention much on them?

 

I FORGOT TO ADD SOLICITOR NEVER EVER SUGGESTED TO SET ASIDE FIRST.

 

THE PPI WAS SOLELY MINE FOR CAPONE CARD AND AS I FILLED REQUEST FORM ONLINE I DON'T KNOW IF I WAS TOLD TO TICK THE BOX ALL I KNOW WAS WHEN I RECEIVED AGREEMENT TO SIGN IT WAS TICKED AND I DON'T REMEMBER BEING ASKED TO SIGN ONLY IF I WANTED IT?

Edited by wendyboats
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OK Watson

 

Talk me through the default notice and the statutory demand.

 

What does the statutory demand state that you owe under a/the credit agreement with the creditor?

 

As regards the default notice, through your own records of the credit agreement account, what does the account statements say?

 

I am working very hard on your situation/case as I am sure that other CAG members are also. Please be patient.

 

Come back on the above, the more detail you provide, the better placed we all are to assist you, so, don't hold back anything on this important matter.

 

Kind regards

 

The Mould

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Sorry forgot also i was in full time work until i became unwell and in March 2007 i applied for a soul mortgage and was allowed up to total of £78,000 from well known high street bank, and i had £70,000 Equity to put down and i was in process of buying a property when i became ill and had to withdraw from sale.

 

Regards to All Wendyboats (AKA Whatson) :-) x

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4.In April 2008 i cancelled DD as i closed account due to disbute with bank.I asumed when i did not hear from CAPONE that the DEBT of £440.00 i had used on card was by this time well and truely paid i forgot about it.

 

What was this dispute about - exactly. Please provide full details of the same.

 

Kind regards

 

The Mould

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Right the statutory demand states i owe them £1,666.57, full particulars set out at page 2, payable immediately and to extent of full sum demanded, is unsecure.

 

In page 2 Capone debt £850. of debt owed to capone for credit card ...... no mention of PPI or FEES.

Default notice says overdue amount £299.70 i have broken capone agreement by going over limit shown as is clause 4 of the agreement.No balance?

 

you must pay the amount that you have gone over you limit within 28 days of letter 17/8/2008 statements sent by them show on 22/8/2008 a minimum payment due £326.35 credit limit £500 New balance £826.35.

 

HOPE THAT WHAT YOU WERE AFTER XXXXXXXXXXXX

Edited by wendyboats
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4.In April 2008 i cancelled DD as i closed account due to disbute with bank.I asumed when i did not hear from CAPONE that the DEBT of £440.00 i had used on card was by this time well and truely paid i forgot about it.

 

What was this dispute about - exactly. Please provide full details of the same.

 

Kind regards

 

The Mould

 

I was receiving my DHSS payments in to bank and they charged me on going over my OD limit and letter fees etc, causing a DD to NOT GET PAID causing another fee and then took it from my DHSS payment leaving me very little to live on, so i complained they were not allowed to use DHSS payments for unlawful fees charged at time and i closed account.

 

And i never opened one up until DHSS payments had to be paid direct to bank account and i do not have one DD on it! xx

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I have been thinking how can the first Notice of demand state overdue amount as £299.70... and then the following month..

 

Final statement of default state balance as.....£850.35........£500 limit..............overdue amount £140.89??

 

And statements sent in evidence state 22/8/08 minimum payment due£326..... credit limit as above.....new balance£826.35 ??

 

:???: Regards Wendyboats aka Whatson x

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I have been thinking how can the first Notice of demand state overdue amount as £299.70... and then the following month..

 

Final statement of default state balance as.....£850.35........£500 limit..............overdue amount £140.89??

 

And statements sent in evidence state 22/8/08 minimum payment due£326..... credit limit as above.....new balance£826.35 ??

 

:???: Regards Wendyboats aka Whatson x

 

Don't know. You need the statements of account for this period. I would think there has been some additional spending showing on the account. It is not down to interest and charges.

 

£299.70 would be a statement amount that was overdue, as you had not paid by the relevant date.

 

You then still did not pay, so the account was entered into default with a balance of £850.35. Capone wanted £140.89 at that point as a minimum amount.

 

22/08/08 statement, minimum payment of £326.35 is to bring the account back to the limit of £500. The revised balance of £826.35 is probably down to some of the charges being taken off the account, which seems to be 2 x £12 charges.

 

So this appears to be OK, after I had worked it out. But you need the statements of account. You obviously used the card for spending which took it over the cards limit.

We could do with some help from you.

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Thank you for above unclebulgaria 67 xx

 

I did require the statements from the case and that is referred to above as statement dated 22/8/08

 

My spending on card was for one month only as stated on print out given and that was ..20TH/THRU TO/25TH/ Oct/2006.. and IT SAYS I.....

 

Spent a TOTAL OF £440.00 in 5 days!...... (I KNOW SOME OF THIS INFORMATION IS WRONG)

 

 

No other withdrawals from me were ever made! I never knew charges were added same day that total about £55.00 !

 

AS STATEMENT READS OF FEE TRANSACTIONS ...20/21/23 /10/06.. £3.00 CASH ADVANCE FEE X3=£9.00

 

20/10/06....CASH ADVANCE FEE £6.00 =£6.00

 

22/10/06...PPI £4.15p......22/11/06....INTEREST APPLIED....£11.35 = £16.50

 

25/10/06...SENTINEL CARD PROTECTION...£20.00 = £2O.00

 

TOTAL FEES = £51.00

 

(AS STATES ON THEIR PRINT OUT) ....22/11/06 BALANCE £529.47p.. MINIMUM PAYMENT DUE £55.96p..but dose not show a DD payment till

 

22/12/06 ???.........DD WAS SET UP AT TIME OF CARD SO WHY DID NONE COME OUT 22/11/06 ???

 

BUT THERE'S ALSO 2 PAYOUTS I DON'T RECALL AT ALL.......25/10/06........................................ TO.. BT PAY BY PHONE £36.19p

 

GREAT UNIVERSAL...............................20/10/06.......................................................................................£15.00p

TOTAL....£51.19p

 

Kind regards to all Wendyboats (Watson) :-) x

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“ still have noclue to the debts that are involved until i meet him and i soon dismissphones.....but capital one card i did have in 2006 but due to illness... April2007 i thought i had activated my PPIclip_image001.gif idid what i was asked and sent sick notes ect.”

Watson, please elaborate on the above, leave no stone unturned.Because if there was ppi on this credit agreement that amounted to be as muchuse to you as a chocolate fireguard, then ppi is clearly mis-sold, the originalcreditor and indeed the trustee cannot dismiss this particular area out ofhand! Because the ppi on this agreement means that the information, the amountclaimed in SD was incorrect.

Further, the trustee cannot disregard your assertion that novalid DN was ever served by the original creditor, because the failure of suchservice by the original creditor of a valid statutory default provides you withthe ground to make an application to annul the bankruptcy order made pursuantto s.282(1)(a) of the Insolvency Act 1986

The judgment granted against you on 6 June 2012, was this ajudgment in default because you were not served the claim? Again, this is avalid legal argument for you to contend that default judgment ought to be setaside and you be given a proper and fair opportunity to Defend the claim, youwould have a Defence set off based on the useless ppi, that you did not tickbox for!! Again, this would provide you with grounds to seek an annulment ofthe bankruptcy order; because the amount claimed in statutory demand was notactually due and owing at the time the order was made!!!! – s.282(1)(a) of theInsolvency Act 1986.

Check and double check the actual arrears that were owed at thetime of the default notice being served, go through your own statements ofaccounts received for this period in order to establish the actual arrears owed.

Can you also please remind me on what grounds your solicitorsrelied upon for an annulment? And please provide the reason(s) given by theJudge for rejecting the same.

Write a brief letter/ or email/ or fax to the trustee and puthim/her on notice “that you are takingproper professional advice as to your position in this matter and that it isyour intention to make an application to the Court seeking an annulment of thebankruptcy Order under s.282(1)(a) of the Insolvency Act 1986, the grounds uponwhich you rely for the same will be disclosed to him and the original creditorin due course, upon service of which both he and original creditor will havetheir opportunity to respond to the same”. This is my suggestion Watson,you do not have to follow the same, however, if DN is invalid, the bankruptcyOrder must be annulled by theCourt, the ppi element cannot be disregarded, this calls into question thestatutory demand and the creditors’ claimed rights to amount stated therein asdue and owing therein at the time such was made, further, the fact that you didnot receive the summons/ were not served with the claim made by originalcreditor, provides you with further grounds/argument against this bankruptcyOrder.

If any other CAG Member has any other suggestions/advice orindeed support for Wendyboats (Watson to my mind), then please let us worktogether to help our dear fellow CAG member on this matter.

“To defy gravity,justice must be done for those who areinnocent“– The Mould

Kind regards

The Mould

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The Mould,

 

(Sherlock)

 

WORDS CANNOT DESCRIBE HOW I FEEL ON READING THIS MY HEART IS BURSTING :smile:

 

I AM ON THE CASE AND WILL FURNISH YOU WITH ALL INFO BY 8pm today IF THATS OK AS IV GOT APPOINTMENT I MUST ATTEND.

 

THANK YOU FOR THIS ADVICE I CAN FEEL MY HEART POUNDING WITH HAPPINESS AT SENDING TRUSTEE THE EMAIL

 

:humble: Wendyboats aka watson xxxx :grouphug:

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“you must pay theamount that you have gone over you limit within 28 days of letter 17/8/2008statements sent by them show on 22/8/2008 a minimum payment due £326.35 creditlimit £500 New balance £826.35”

The statement sent to you that show that on 22ndAugust 2008 ( 5 days after DN date) thata minimum payment of £326.35 is due on the 22nd August 2008 contradictsthe payment stated in their letter dated 17th August 2008 – is thiscorrect Watson?

Is the above credit limit of £500.00 added to this accountunilateral? Did the creditor increaseyour credit limit on this account without any discussion or agreement with you? Can you remember if you used any of thisadded £500 credit to the account? Watson, read through very carefully all of the correspondence and statementsof account sent to you on this account, further, if you have a copy of any correspondencesent by you in relation to the same, then I suggest that you read through slowly and carefully.

Any temporary agreements made on this account? If yes, did you maintain your obligationsunder any such temporary agreements and what were the terms of such, do youhave anything in writing from original creditor relating to any such temporaryagreements for this account?

As of 17thAugust 2008, how much did you actually owe on this account? Please look through your own paperwork forthis account so that you can provide a response hereto that is millimetre accurateon the same.

Kind regards

The Mould

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I think you need statements of account for every month the account was running. When did you actually last make any payment on the account. When did you make a claim for PPI ? Who did you send the PPI claim to ? It is possible the PPI claim was rejected as the claim was not submitted within the timescales required by the terms of the cover. I think you need to contact the PPI provider to find out whether the claim was registered with them.

  • Confused 1

We could do with some help from you.

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“you must pay theamount that you have gone over you limit within 28 days of letter 17/8/2008statements sent by them show on 22/8/2008 a minimum payment due £326.35 creditlimit £500 New balance £826.35”

The statement sent to you that show that on 22ndAugust 2008 ( 5 days after DN date) thata minimum payment of £326.35 is due on the 22nd August 2008 contradictsthe payment stated in their letter dated 17th August 2008 – is thiscorrect Watson?

Is the above credit limit of £500.00 added to this accountunilateral? Did the creditor increaseyour credit limit on this account without any discussion or agreement with you? Can you remember if you used any of thisadded £500 credit to the account? Watson, read through very carefully all of the correspondence and statementsof account sent to you on this account, further, if you have a copy of any correspondencesent by you in relation to the same, then I suggest that you read through slowly and carefully.

Any temporary agreements made on this account? If yes, did you maintain your obligationsunder any such temporary agreements and what were the terms of such, do youhave anything in writing from original creditor relating to any such temporaryagreements for this account?

As of 17thAugust 2008, how much did you actually owe on this account? Please look through your own paperwork forthis account so that you can provide a response hereto that is millimetre accurateon the same.

Kind regards

The Mould

 

Watson is back on the case..............

 

First i must amend date of BANKRUPTCY HEARING.........................ON JULY 5th 2012

 

STATUTORY DEMAND DATE 1ST DECEMBER 2011..... ALTERNATIVE SERVICE NOTICE SD....13/12/2011........ AND SERVED THROUGH LETTERBOX... ALTERNATIVE SERVICE AND POSTED THROUGH LETTER BOX.... 16/12/2011

 

Details on SD UNDER S.268(1) INSOLVENCY ACT 1986 DEBT FOR LIQUIDATED SUM PAYABLE IMMEDIATELY.SUM OF £1,666.57.

 

It clearly states all interest details added to the debt and not previously notified as being included in debtor liability,all details must be given including the grounds upon which interest is charged,

 

THE AMOUNT OF INTEREST MUST BE SHOWN SEPARATELY. THE AMOUNT OF RATE OF THE CHARGE MUST BE IDENTIFIED AND THE GROUNDS ON WHICH IT IS CLAIMED MUST BE STATED .

 

CLAIM OF CREDITOR IS PAYMENT OF £850.35 BEING THE BALANCE OF MONEYS DUE ON CAPITAL ONE CREDIT CARD ON DATE OF DEFAULT 19/2008.

BALANCE OF DEBT AT DATE OF THIS DEMAND REMAIN OUTSTANDING AND DUE OF £850.35

 

STATEMENT SAYS ON 22/8/2008....MIN PAYMENT..£326.35...CREDIT LIMIT....£500...NEW BALANCE£826.....STATEMENT DATE 22/9/2008.....MIN PAYMENT..£350...CREDIT AGREEMENT£500....NEW BALANCE..£850.34.....ALSO STATES DETAILS 17/9/2008 LATE OR FAILURE TO PAY DE £12.00....AND 5/9/2008 OVERLIMIT DEFAULT SUM £12.00 TOTAL £24.00.

 

GROUNDS FOR RELIED ON BY SOLICITOR WAS FAILURE TO DISCLOSE PROOF OF DEBTS AND CLIENT DENIES BEING SERVED DUE TO ABSENCE FROM HOME FROM AROUND FEB/2012 TO JULY 7th LIVING AT DAUGHTERS FOR SUPPORT TO GRANDSON (6).... WITH DAUGHTERS MEDICAL/ TREATMENTS / ETC.

 

CLIENT DENIES ANY KNOWLEDGE OF TWO MOBILE PHONE DEBTS OR HOW CAPITAL ONE DEBT ACCUMULATED TO £850.35.

 

I THOUGHT PPI HAD PAID PART OF DEBT AND MY DD TAKEN FROM BANK ACC. STATEMENTS SHOW HOWEVER NO PAYMENT BY DD ON 22/ NOV/2008 MIN PAYMENT ONLY FROM 22/ 12/ 2008 TILL APRIL 22/2009...................

 

OVER LIMIT FEE SUM ADDED FROM 22/12/2006 AT £12.OO EACH MONTH ON TOP TILL 20/2/2008 THEREAFTER REFERRED TO OVERLIMIT DEFAULT SUM £12.00 TILL STATEMENT DATED 22/9/2008 MIN PAY..£350.35......CREDIT LIMIT £500.....BALANCE £850.35!!

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Continued

 

judge gave reason i had in her mind been sent numerous letters sent by creditor since 2008 and i had ignored them, if i had moved out for several months it would have been the case id change my postal address......she was satisfied debts had been proven.

 

No agreement was ever amended for credit card to be more than £500......i have never been sent one statement or letter regarding any problems.

 

Yes you are correct statement dated 22/9/2008 states min pay due £350.35......statement default letter of 19/9/2088....balance £850.35 credit limit £500...... Overdue amount £140.89 !

 

Ppi which was mis-sold= added as stated by my solicitor was... Total £107.98 (excluding interest) and £20 card protection fee..... Total£132 excludes interest...... Breach oft s.2006 unauthorised reduces the amount alleged below bankruptcy threshold order was made....even if ppi alone removed debt still below threshold (letter sent to bw legal 12/7/2013 by law comm and making complaint re;late disclosure)

 

have i mist anything xxxxxxxxxxxxxx

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i think you need statements of account for every month the account was running. When did you actually last make any payment on the account. When did you make a claim for ppi ? Who did you send the ppi claim to ? It is possible the ppi claim was rejected as the claim was not submitted within the timescales required by the terms of the cover. I think you need to contact the ppi provider to find out whether the claim was registered with them.

 

thank you for that xx:-d

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