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


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Question on court appearances.... I believe two for bwl......... Two as into get bankruptcy heard and one for me to annul

 

and trustee was going ............bwl witness but failed..

 

To attend as witness but did not turn up and bwg hired a agency soli....rep... .

 

 

WATSON IS ALL BEHIND HOPE MY TRUSTED FRIEND THE MOULD SEES ALL HE NEEDS THUS FAR !! LET ME KNOW IF NOT XX

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with ref to question notice of default.........

 

IT ONLY SHOWS OVERDUE AMOUNT £299.70 17/8/2008.............

 

NO BALANCE OWED OR HOW DEBT HAS BEEN INCURRED.......

 

NO ADVICE AS TO STOP THIS DEFAULT HAPPENING AGAIN IF PAID IN 28 DAYS..........

 

AND ALSO A THANK YOU AND IGNORE THIS LETTER IF YOU HAVE ALREADY MADE A PAYMENT OR ARRANGED A PAYMENT PLAN

 

WITH US..........PLEASE IGNORE THIS LETTER.

 

1. I NEVER RECEIVED THIS LETTER IN THE FIRST INSTANCE...

 

2.NO LETTERS FROM CAPONE BEFORE THIS NOTICE INFORMING ME OF RISE IN DEBT OR GOING OVER CREDIT LIMIT...

 

3.NO MENTION OF MINIMUM PAYMENTS NOT COVERING DEBT......

 

4.ANY MENTION OF ATTEMPTS TO CONTACT ME BEING A PROBLEM.....

 

5.NO MENTION THAT I HAVE FAILED TO MAKE ANY PAYMENTS PRIOR TO NOTICE..

 

6.NO EXPLANATION AT ALL INFACT.

 

FROM DATE OF DEFAULT UNTIL LOWELL ONE BROUGHT DEBT JAN 2011... THERE IS NO MENTION OF ANY ATTEMPTS BY

 

CAPONE TO COLLECT ON IT?

 

NO WARNING LETTERS..NO STATEMENTS SENT... NO VERBAL CONTACT VIA LAND LINE OR MOBILE...

 

7.I WAS NOT HIDDEN..I WAS NOT HIDING...FOR APPARENTLY CAPONE FOUND ME TO DEFAULT ME IN 2008..

 

AND LOWELL PORTFOLIO ONE FOUND ME WHEN APPLYING FOR... BANKRUPTCY WITH EQUITY

 

LINED UP IN MY HOME

 

ALLEGEDLY....

 

8.SERVER HAD NO PROBLEM FINDING MY POST BOX +2........ALLEGEDLY...

 

9.YET FOR A PERIOD OF 17 MONTHS AND .....17 PAYMENTS BY DD...........CAPONE HAVE

 

SHOWN NO PROOF AS TO

 

PRIOR ATTEMPTS PRE POST OR PAST POST..........REGARDING THE ORIGINAL CONTRACT 2006

 

AGREEING LIMIT TO ME

 

OF £500 PAYABLE BY DD AND SHOWING I HAD PPI ON CARD I DID NOT ASK FOR AND CARD PROTECTION I DID NOT

 

NEED......

 

10.AND ALL OF ABOVE NOT WORTH PAPER IT WAS WRITTEN ON............

 

11. I READ AS ADVISED WOODCHESTER V SWAIN WITH GREAT INTEREST AND CAN SEE I MIGHT STILL INCUR COSTS..

 

BUT MY ARGUMENT HERE IS THAT CAPONE FAILED IN THEIR DUTY TO KEEP ME UP TO DATE AND AWARE OF ANY BREACH

 

OF CONTRACT/ MONTHLY INCURRED DEBTS/ TAKE STEPS TO CONTACT ME BY LETTER / PHONE/ OR ATTEMPT TO TAKE

 

MORE IN WAY OF DD PAYMENTS TO ALERT ME TO AN ISSUE ................

 

12.I DON'T FEEL IT WAS ME WHO BREACHED OR DEFAULTED ON THE CCA .......I THINK IT WAS THEM!!

 

AND ALL OF THIS NIGHTMARE AVOIDABLE IF ONLY A REGISTERED LETTER COST 1.70p HAD

 

BEEN better ADVISED by JUDGE!!

 

:nono::nono::nono::nono::nono::nono: NIGHT ALL XX

 

 

CONTACT MADE WITH ME TO REMEDY THE SITUATION GREATLY RECEIVED BY WENDYBOATS AND WATSON ALIKE XX

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with ref to question notice of default.........

 

IT ONLY SHOWS OVERDUE AMOUNT £299.70 17/8/2008.............

 

NO BALANCE OWED OR HOW DEBT HAS BEEN INCURRED.......

 

NO ADVICE AS TO STOP THIS DEFAULT HAPPENING AGAIN IF PAID IN 28 DAYS..........

 

AND ALSO A THANK YOU AND IGNORE THIS LETTER IF YOU HAVE ALREADY MADE A PAYMENT OR ARRANGED A PAYMENT PLAN

 

WITH US..........PLEASE IGNORE THIS LETTER.

 

1. I NEVER RECEIVED THIS LETTER IN THE FIRST INSTANCE...

 

2.NO LETTERS FROM CAPONE BEFORE THIS NOTICE INFORMING ME OF RISE IN DEBT OR GOING OVER CREDIT LIMIT...

 

3.NO MENTION OF MINIMUM PAYMENTS NOT COVERING DEBT......

 

4.ANY MENTION OF ATTEMPTS TO CONTACT ME BEING A PROBLEM.....

 

5.NO MENTION THAT I HAVE FAILED TO MAKE ANY PAYMENTS PRIOR TO NOTICE..

 

6.NO EXPLANATION AT ALL INFACT.

 

FROM DATE OF DEFAULT UNTIL LOWELL ONE BROUGHT DEBT JAN 2011... THERE IS NO MENTION OF ANY ATTEMPTS BY

 

CAPONE TO COLLECT ON IT?

 

NO WARNING LETTERS..NO STATEMENTS SENT... NO VERBAL CONTACT VIA LAND LINE OR MOBILE...

 

7.I WAS NOT HIDDEN..I WAS NOT HIDING...FOR APPARENTLY CAPONE FOUND ME TO DEFAULT ME IN 2008..

 

AND LOWELL PORTFOLIO ONE FOUND ME WHEN APPLYING FOR... BANKRUPTCY WITH EQUITY

 

LINED UP IN MY HOME

 

ALLEGEDLY....

 

8.SERVER HAD NO PROBLEM FINDING MY POST BOX +2........ALLEGEDLY...

 

9.YET FOR A PERIOD OF 17 MONTHS AND .....17 PAYMENTS BY DD...........CAPONE HAVE

 

SHOWN NO PROOF AS TO

 

PRIOR ATTEMPTS PRE POST OR PAST POST..........REGARDING THE ORIGINAL CONTRACT 2006

 

AGREEING LIMIT TO ME

 

OF £500 PAYABLE BY DD AND SHOWING I HAD PPI ON CARD I DID NOT ASK FOR AND CARD PROTECTION I DID NOT

 

NEED......

 

10.AND ALL OF ABOVE NOT WORTH PAPER IT WAS WRITTEN ON............

 

11. I READ AS ADVISED WOODCHESTER V SWAIN WITH GREAT INTEREST AND CAN SEE I MIGHT STILL INCUR COSTS..

 

BUT MY ARGUMENT HERE IS THAT CAPONE FAILED IN THEIR DUTY TO KEEP ME UP TO DATE AND AWARE OF ANY BREACH

 

OF CONTRACT/ MONTHLY INCURRED DEBTS/ TAKE STEPS TO CONTACT ME BY LETTER / PHONE/ OR ATTEMPT TO TAKE

 

MORE IN WAY OF DD PAYMENTS TO ALERT ME TO AN ISSUE ................

 

12.I DON'T FEEL IT WAS ME WHO BREACHED OR DEFAULTED ON THE CCA .......I THINK IT WAS THEM!!

 

AND ALL OF THIS NIGHTMARE AVOIDABLE IF ONLY A REGISTERED LETTER COST 1.70p HAD

 

BEEN better ADVISED by JUDGE!!

 

:nono::nono::nono::nono::nono::nono: NIGHT ALL XX

 

 

CONTACT MADE WITH ME TO REMEDY THE SITUATION GREATLY RECEIVED BY WENDYBOATS AND WATSON ALIKE XX

 

I FORGOT TO ADD £500 CREDIT AGREEMENT............DD PAID OVER 17 MONTHS £700 + APPROX ......BALANCE OF DEBT BROUGHT BY

 

LOWELL LOW LIFE TO BANKRUPT ME £850.35................WHAT'S :ranger: THAT SMELL?.... A LOT OF C...

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That's very kind of you Wooks, thank you for posting your document. I hope Wendy finds it helpful.

 

Wendy, I know you're angry, but these posts in block capitals are hard on the eye. :( Also, in forum etiquette, capital letters = shouting, I'm not sure if you knew that.

 

HB

Illegitimi non carborundum

 

 

 

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Hi Wendy, the attached document is how I created a log to get my head around who said what and when.

Don't know what the experts think but it helped me at the time.

 

Hi wooks001

 

Thank you for above i think its a excellent idea and thank you for sharing it with me .

 

I am on the case today and this DOG has defo found a Bone and this forum has given me tools to work with and quotes from law

 

that have given me the KNOWLEDGE to be in a place of more control again .............

 

I am getting stronger to take on the BEAST THAT IS LOWELL PORTFOLIO ONE and now they have disclosed there case to me i am

 

picking away at it like a VULTURE WITH ITS DEAD MEAL !! BIG HUGS GUYS :hug: WENDYBOATS HOPES ONE DAY I CAN HELP

 

OTHERS TOO XXXXX:wave:

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That's very kind of you Wooks, thank you for posting your document. I hope Wendy finds it helpful.

 

Wendy, I know you're angry, but these posts in block capitals are hard on the eye. :( Also, in forum etiquette, capital letters = shouting, I'm not sure if you knew that.

 

HB

No i did not im so sorry i will take on board what you have advised me..... and yes i suppose it is a sign of anger so apologies to all xx

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OH...............i have never laughed so much steamboats:lol:Brilliantly put xx thats what is so ridiculous Lowell low life REALLY think its achievable, but perhaps its because their ruling the DCA empire in all different names, running a muck,and thus far they have been it seems aloud to act outside of the law?

 

WELL THATS BEFORE THEY CROSSED ME AND MINE AND I AM LIKE THE HOUND OF THE BASTABLES (SHERLOCK HOLMES FILM) ESPECIALLY WITH ALL YOUR HELP :frusty: XX

 

 

 

With the greatest of respect Steampowered asked a direct question regarding the debt rising to £35k and we didn't really get a coherent answer.

 

Any chance you can provide a full breakdown of this please?

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If no validstatutory default notice was served by the creditor, then he clearly was notentitled to commence proceedings to enforce the credit agreement! Which he did and obtained judgment in defaultagainst you because you were not served with his claim, therefore, based uponall material posted here thus far by you Watson, you must challenge thelegality of this bankruptcy Order and assert that there has been an error oflaw in the process of this matter.

Further, Watsonyou said you made the application for this credit agreement on-line and wassent a copy for your signatory to be placed thereon and then send back to thecreditor. As regards the box for the ppielement of the agreement, is the tick placed therein a hand written tick or a computerized/electronictick? I believe you when you say thatyou did not apply for ppi on this agreement, I can see through your posts thatyou speak with conviction.

I really do understandhow angry this matter has made you, to be branded a liar or as a person who istrying to get out of paying a sum of money, but remember this Watson, theentity that sets about to debase you, is the lowest form of life here on earthand that there are creatures in the sewers who are far more worthy than theseuseless clay robots that seek to break you and your superior spirit.

I sincerelybelieve that you have sufficient grounds to appeal this matter and that youought to set about making your appeal against this wrong as soon aspossible. True to say that such anappeal will be out of time as regards CPR Pt 52 Appeals, notwithstanding that,I believe you have a right recognised in law to make such a late applicationseeking to annul this bankruptcy Order.

Bear with me Watson,because I need to read through the WhiteBook Vol. 1 2013 on out of time/late Appeals under CPR (Civil Procedure Rules)under the Pt 52 and peruse the case law thereon. When I have undertaken this, I shall revertback to you and post up my findings on the same.

Below you willfind the relevant section of the CCA 1974 (as amended – in 2006) as regards thestatutory default notice element of your case, which you contend was neverserved on you and the contents of which are challenged on the scope, nature andaccuracy of the breach relied upon therein by the creditor.

Further, whichparty in this matter is claiming legal costs of £34+k, the original creditor orthe trustee?

87 Need for default notice.E+W+S+N.I.

(1)Service of a notice on the debtor or hirer inaccordance with section 88 (a “default notice ”) is necessary before thecreditor or owner can become entitled, by reason of any breach by the debtor orhirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

©to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor orhirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

(2)Subsection (1) does not prevent the creditorfrom treating the right to draw upon any credit as restricted or deferred, andtaking such steps as may be necessary to make the restriction or defermenteffective.

(3)The doing of an act by which a floating chargebecomes fixed is not enforcement of a security.

(4)Regulations may provide that subsection (1) isnot to apply to agreements described by the regulations.

[F1(5)Subsection (1)(d)does not apply in a case referred to in section 98A(4) (termination orsuspension of debtor's right to draw on credit under open-end agreement).]

88 Contents and effect of default notice.E+W+S+N.I.

(1)The default notice must be in the prescribedform and specify—

(a)the nature of the alleged breach;

(b)if the breach is capable of remedy, what actionis required to remedy it and the date before which that action is to be taken;

©if the breach is not capable of remedy, the sum(if any) required to be paid as compensation for the breach, and the datebefore which it is to be paid.

(2)A date specified under subsection (1) must notbe less than [F214]days after the date of service of the default notice, and the creditor or ownershall not take action such as is mentioned in section 87(1) before the date sospecified or (if no requirement is made under subsection (1)) before those [F214]days have elapsed.

(3)The default notice must not treat as a breachfailure to comply with a provision of the agreement which becomes operativeonly on breach of some other provision, but if the breach of that otherprovision is not duly remedied or compensation demanded under subsection (1) isnot duly paid, or (where no requirement is made under subsection (1)) if the [F214]days mentioned in subsection (2) have elapsed, the creditor or owner may treatthe failure as a breach and section 87(1) shall not apply to it.

(4)The default notice must contain information inthe prescribed terms about the consequences of failure to comply with it [F3and any otherprescribed matters relating to the agreement].

[F4(4A)The defaultnotice must also include a copy of the current default information sheet undersection 86A.]

(5)A default notice making a requirement undersubsection (1) may include a provision for the taking of action such as ismentioned in section 87(1) at any time after the restriction imposed bysubsection (2) will cease, together with a statement that the provision will beineffective if the breach is duly remedied or the compensation duly paid.

Kind regards Watson and to all other CAG Memberswho are trying to help you on this matter

Your friend The Mould

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With the greatest of respect Steampowered asked a direct question regarding the debt rising to £35k and we didn't really get a coherent answer.

 

Any chance you can provide a full breakdown of this please?

 

I was not being disrespectful to above, purely lightning up a very stressful situation that's taken over my life! I apologize to all if i appear flippant in reply :sad:

 

With that said i feel very sad Ganymede at you need to comment on it in such a demeaning manner i feel truly inbarrist and a little intimidated by it!

 

This is all new to me and i am aware i need to give facts and information clearly..........

 

For you all to advise me as i have requested, but please don't scold me if i did not understand a question asked of me and then found some humor when i realise what's asked.....

 

My amusement came from that question and reply because that is the whole point of my dillema....

 

Gap.....

 

The original debt was £500.....I was made Bankrupt with charges added by CAPONE to a total of £350.... i paid nearly £800 in

 

direct debit payment........... but never informed by Capone re;charge............ so never new Card was in default.......

 

Total debt £850 ............. + 2 unproven phone debts.... £218.42........£597.80.......£1,666.57 made me bankrupt.

 

Gap...

 

Lowell solicitors...£3,561 in legal costs + recently added. (£2,876 legal cost of loosing my appeal )

 

Trustee cost £5,481 + Addons each month and at date 26/10/2012

 

Trustees solicitors cost £2,830 at date 26/10/2012

 

That is total of my debt at the date 26/10/012 with goodwill discount of £4,749 if i paid full amount ASAP

 

Its one year and 3 months later and after loss of appeal Trustee now requests £20,000 + sale of house to get equity so..

 

The debt will rise and rise till she gets most of my equity....... which is £37,000 !

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With the greatest of respect Steampowered asked a direct question regarding the debt rising to £35k and we didn't really get a coherent answer.

 

Any chance you can provide a full breakdown of this please?

 

I was not being disrespectful to above, purely lightning up a very stressful situation that's taken over my life! I apologize to all if i appear flippant in reply :sad:

 

With that said i feel very sad Ganymede at you need to comment on it in such a demeaning manner i feel truly inbarrist and a little intimidated by it!

 

This is all new to me and i am aware i need to give facts and information clearly..........

 

For you all to advise me as i have requested, but please don't scold me if i did not understand a question asked of me and then found some humor when i realise what's asked.....

 

My amusement came from that question and reply because that is the whole point of my dillema....

 

Gap.....

 

The original debt was £500.....I was made Bankrupt with charges added by CAPONE to a total of £350.... i paid nearly £800 in

 

direct debit payment........... but never informed by Capone re;charge............ so never new Card was in default.......

 

Total debt £850 ............. + 2 unproven phone debts.... £218.42........£597.80.......£1,666.57 made me bankrupt.

 

Gap...

 

Lowell solicitors...£3,561 in legal costs + recently added. (£2,876 legal cost of loosing my appeal )

 

Trustee cost £5,481 + Addons each month and at date 26/10/2012

 

Trustees solicitors cost £2,830 at date 26/10/2012

 

That is total of my debt at the date 26/10/012 with goodwill discount of £4,749 if i paid full amount ASAP

 

Its one year and 3 months later and after loss of appeal Trustee now requests £20,000 + sale of house to get equity so..

 

The debt will rise and rise till she gets most of my equity....... which is £37,000 !

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Watson, below you will find important information as regardslate/out of time applications to the Court of Appeal, research the case lawcited therein.

Rule 52.6Variation of time

52.6 †

(1) An application to vary the time limit for filing anappeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or timelimit set by—

(a) these Rules;

(b) Practice Direction 52; or

© an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend orshorten the time for compliance with any rule, practice direction or courtorder (even if an application for extension is made after the time forcompliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bringforward a hearing.)

Consequences ofrefusal to extend time

52.6.1 If a circuit judge or a High Court judge declines toextend time for appealing against the decision of a lower court, that decisiondoes not have the same finality as a refusal of permission to appeal. Thedisappointed party may (if they obtain permission) appeal against the decisionthat time should not be extended. See Foenander v Bond Lewis & Co [2001]EWCA Civ 759; [2002] 1 W.L.R. 525.

The practical consequences of this decision need to be bornein mind by judges dealing with applications under r.52.6(1). These consequenceswere spelt out by Brooke L.J. in Foenander at para.19:

"The logic of this decision is that if a circuit judgeor a High Court judge sitting in an appeal court has the choice of disposing ofa belated and unmeritorious appeal either by refusing to extend time forappealing or by refusing permission to appeal, he/she should bear in mind thattaking the latter course will bring the appellate proceedings to an end. Theadoption of the former course, on the other hand, may entail further expenseand delay while a challenge is launched at a higher appeal court against thedecision not to extend time for appealing."

Criteria to beapplied on applications to extend time

52.6.2 On applications under r.52.6 to extend time forappealing after expiry of the time limit, it is necessary to have regard to thechecklist in r.3.9. This is because the applicant has not complied withr.52.4(2) and, in the absence of relief, the applicant will be unable toappeal: see Sayers v Clarke Walker [2002] EWCA Civ 645 at [21]; [2002] 1 W.L.R.3095. In cases where the arguments for granting or refusing an extension oftime are otherwise evenly balanced, the court should evaluate the merits of theproposed appeal in order to form a judgment on what the applicants will belosing if time is not extended: see Sayers v Clarke Walker at [34]. In Smith vBrough [2005] EWCA Civ 261 the Court of Appeal, in the course of refusing toextend time by 39 months, stressed the importance of finality in litigation.

In Smith v Kvaerner Cementation Foundations Ltd [2006] EWCACiv 242; [2007] 1 W.L.R. 370 the claimant was granted permission to appeal, despite his delay of four years inapplying to the Court of Appeal. The paramount consideration in that case wasthat the claimant at trial had been denied his right under ECHR art.6 to a fairhearing before an independent and impartial tribunal. There was also a goodexplanation for his failure to pursue an appeal earlier. (my emphasis added)

If an application to extend time for appealing is made intime (i.e. it is made prospectively), then r.3.9 does not apply: see thereasoning of the Court of Appeal in Robert v Momentum Services Ltd [2003] EWCACiv 299; [2003] 2 All E.R. 74.

Where, in an appeal brought under a statute, the time limitfor filing the notice of appeal is fixed, not by r.52.4, but by the statuteitself, the court may lack power to extend that limit under r.3.1(2)(a); seepara. 52.4.1.1 above.

Kind regards

The Mould

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The fact that you were not served with the claim, denied you your right as a Defendant under ECHR Art.6 to a fair hearing and a decision based upon all facts/circumstances presented by the Claimant and all facts/circumstances presented to the Court in response to the same.

 

Kind regards Watson

 

The Mould

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When you had your interview with the Official Receiver where you run through all of your debts / hand over cheque books / cards etc / give details of any pensions did they ask you if any of the debts were disputed ? (usually you put a large 'D' when they interview you about your debts for any that are disputed).

 

I notice that you seem to be attempting quite a bit of damage limitation here and it is unlikely that you will be able to claim anything back to yourself (any money due to you will have to go to the trustee, they will love you for helping them out to reclaim any fees / missold PPI.). The fact that you can't even fight this now as your solicitor as it seems failed to have any kind of knowledge of the Consumer Credit Act or even much knowledge of the process. If you had proof that you weren't even at a specific address then it should have been instantly overturned. I have heard of cases where a judge will throw out the servers affadavit due to there being an empty house next door, shared access to houses / flats and even problems with the postal service.

 

Were there any earlier (petition) hearings which were adjourned where either you or the opposing side didn't attend ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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I was not being disrespectful to above, purely lightning up a very stressful situation that's taken over my life! I apologize to all if i appear flippant in reply :sad:

 

With that said i feel very sad Ganymede at you need to comment on it in such a demeaning manner i feel truly inbarrist and a little intimidated by it!

 

This is all new to me and i am aware i need to give facts and information clearly..........

 

For you all to advise me as i have requested, but please don't scold me if i did not understand a question asked of me and then found some humor when i realise what's asked.....

 

My amusement came from that question and reply because that is the whole point of my dillema....

 

Gap.....

 

The original debt was £500.....I was made Bankrupt with charges added by CAPONE to a total of £350.... i paid nearly £800 in

 

direct debit payment........... but never informed by Capone re;charge............ so never new Card was in default.......

 

Total debt £850 ............. + 2 unproven phone debts.... £218.42........£597.80.......£1,666.57 made me bankrupt.

 

Gap...

 

Lowell solicitors...£3,561 in legal costs + recently added. (£2,876 legal cost of loosing my appeal )

 

Trustee cost £5,481 + Addons each month and at date 26/10/2012

 

Trustees solicitors cost £2,830 at date 26/10/2012

 

That is total of my debt at the date 26/10/012 with goodwill discount of £4,749 if i paid full amount ASAP

 

Its one year and 3 months later and after loss of appeal Trustee now requests £20,000 + sale of house to get equity so..

 

The debt will rise and rise till she gets most of my equity....... which is £37,000 !

 

You paid £800 in against a claimed debt of £850, with £350 of such being made up of charges! Therefore, you only owed £50 to Cap One!

 

The phone debts, whether proven or not, have nothing to do with Cap One credit agreement!

 

Your were taken to Court by your creditor right? Cap One, your own records show that you owed them only £50 is that correct Watson?

 

Forget the phone debts, the phone Co, would need to commence a separate action for recovery of sum claimed, nothing to do with Cap One credit agreement!

 

Were Cap One assigned these phone debts? If not, none of their business, because a stranger to a contract cannot enforce any terms thereof.

 

Who was the provider of the phone service - BT, 3, T-Mobile - who Watson?

 

Kind regards

 

The Mould

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Forgive me everyone i will answer all soon

 

Just to clarify Capone sold my debt to lowell portfolio one in 2011 and they used it to make me bankrupt not Capone

 

I have got all info AFTER court case and a year + later...... and i'm going on what they have submitted in evidence

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Did you receive a notice of assignment from Cap one pursuantto s.136 of the Law of Property Act 1925 and did Cap one serve upon you a validstatutory default notice pursuant to s.87(1) CCA 1974 (as amended)?

Did Lowell purchase the said phone debts?

Answer the above and all other questions at your earliest convenienceWatson and I apologise in advance if my post here have placed you under anypressure.

Kind regards

The Mould

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Lowell DCA brought T Mobile phone debt and 3G mobile debt in 2008 then in 2011 brought Capital one debt......

 

The capone debt was £850 enough to go to bankruptcy court...

 

ALL info i have came from my appeal to annul that took a year to get from Lowell most came 5 days before my appeal !

 

On losing i asked my solicitor for all paperwork this is where i'm getting all the information from....

 

I payed by DD set up on opening card i never stopped payments up until i felt it must have been well over paid with my min payments and PPI

 

I never got one single letter from Capone during the period leading up to Default or period after......

 

I had no clue !!!

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Lowell DCA brought T Mobile phone debt and 3G mobile debt in 2008 then in 2011 brought Capital one debt......

 

The capone debt was £850 enough to go to bankruptcy court...

 

ALL info i have came from my appeal to annul that took a year to get from Lowell most came 5 days before my appeal !

 

On losing i asked my solicitor for all paperwork this is where i'm getting all the information from....

 

I payed by DD set up on opening card i never stopped payments up until i felt it must have been well over paid with my min payments and PPI

 

I never got one single letter from Capone during the period leading up to Default or period after......

 

I had no clue !!!

 

When were you making these DD payments totalling £800 and who were you paying these to ?

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Total debt £850 ............. + 2 unprovenphone debts.... £218.42........£597.80... ....£1,666.57 made me bankrupt. But this is minus your payments of £800 which= £800.00 against the £1,666.57 and novalid statutory default notice served by Cap One, and as far as we know, no notice of assignmentserved by T-Mobile or 3G pursuant to s.136 law of property Act 1925 that suchaccounts/debts had been assigned to Lowell.

Further, Lowell did not serve the claimupon you, which should only have been for the sum of £866.57, taking intoaccount the £800.00 paid by you..

Further, prior to assignment of the Cap One agreement, Cap one ought to have served you with a validstatutory default notice pursuant to s.87(1) of CCA (as amended) which you clearly state was not served, therefore, your rights under said s.87(1) were denied by original creditor, the new owner of this account – Lowell (if assignment was legal), was under a statutory duty pursuant to s.87(1)CCA 1974 (as amended) to serve upon youa valid default notice, which must beaccurate in both the terms and scope of breach relied upon therein and theamount required to be paid by you to remedy the breach relied upon therein,before commencement of enforcement action if you should default on the same.

There is clearly mis-sold ppi on the credit agreement, the mis-sold ppi must be set off against theamount claimed thereon, which, must be against the £866.57 and this would bring theactual amount owing under the £750.00 threshold for bankruptcy Orders!.

This is my opinion based upon thecomprehensive material posted here thus far by Watson (Wendyboats) – this means that the bankruptcy Order must byannulled and Watson must make the necessary arrangements to repay the actualdebt owed, the costs of £34k+ claimed by both lowell and the trustee must besubject to detailed assessment by costs Judge. I believe that only a merefraction of these costs can be claimed and justified as owing against aquestionable debt of £888.57.

The most important factor in this matteris that an error of law and process has caused an injustice to Wendyboats, this must be undone for the common good of alland be seen to be undone.

The above is my opinion, I stand firm onthe same based upon the material posted here by Wendyboats – Watson.

Kind regards

The Mould

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Did you receive a notice of assignment from Cap one pursuantto s.136 of the Law of Property Act 1925 and did Cap one serve upon you a validstatutory default notice pursuant to s.87(1) CCA 1974 (as amended)?

Did Lowell purchase the said phone debts?

Answer the above and all other questions at your earliest convenienceWatson and I apologise in advance if my post here have placed you under anypressure.

Kind regards

The Mould

 

BEEN THROUGH EVERYTHING WHAT YOU ASK IS NOT IN EVIDENCE FROM LOWELL IN COURT PAPERS ON DISC I WAS SENT .

 

It seems they state in letters to soli it was sent to him in april yet he constantly asks for it??? i thought it on disc but its not as you state.. more like into letter fom capone and lowell dated same day??

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With all of above in mind from the mould what the hell do i do now i have establish all the above and not including other factors i have mentioned

 

here....................Please tell me if i'm wrong but is this classed as..........A criminal act ?

 

If answer is yes i need to report the crime.....if no........Where do i go to find a legal aid barrister to represent my case in appeal court?

 

Because as yet i have not been given one of merit by Law line?

 

Forgot to add that in lowells court papers on the default notice of 1 12 2011 is from Hamptons and not lowells?

Edited by wendyboats
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26th October 2012 trustee claims costs of ££2,830.00

15 months later trustee claims to have incurred a further £17,170.00+ in costs, request a voluntary detailed breakdown of these costs andstate that you intend to make an application to the High Court for a detailedassessment of all costs claimed in this matter, if no satisfactory response is providedwithin 14 days of receipt as you do not accept liability for these excessiveand disproportionate costs against such a minor unqualified debt, which hasonly been obtained by means of judgment in default as a result of originalcreditors’ non service of claim and breach of his statutory duty under s.87(1)CCA 1974 (as amended).

Further, state to trustee that your records ( documentaryevidence) show that you made £800.00 inpayments against the claimed £1,666.57 and that there is mis-sold ppi on thecredit agreement which must be offset against the amount claimed on the credit agreement andthat this sum remaining would fall under the £750 limit for bankruptcy Order,further, state that the original creditor failed to serve a valid statutorydefault notice on you pursuant to s.87(1) CCA 1974 (as amended) and that it is your intention to make alate/out of time appeal under CPR Pt 52 against the original judgment which wasobtained by the original creditor in default as a result of non-service of hisclaim and, amongst other things, in contravention of his statutory duty toserve a valid default notice upon me pursuant to s. 87(1) of said Act.

State to the trustee that it is established and settled lawthat ppi has been mis-sold to the consumer and that all creditors/banks areunder a duty to repay the ppi to the consumer, the same principles apply tothis present case and the trustee must offset the ppi owed to you under thecredit agreement, he must also deduct the £800.00 that you have paid to thecreditor under the same, he will then understand that the bankruptcy Order mustbe annulled. Request his response within7 days of receipt. If he fails toprovide his proof of the debt claimed (which for the avoidance of doubt, youdeny) or his satisfactory response to this matter within the time scale statedabove that may bring about an amicable resolution to the same that is suitablefor all parties concerned, then you will have no option but to lodge yourappeal against this bankruptcy order and leave this matter to the Court ofAppeal to decide upon.

Kind regards

The Mould

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With reference to above,

 

Wendyboats ( Watson) has sent above to trustee this hour and thanks my Partner for all his hard work done this far,

 

I know i still have a way to go but i know you are all with me every step, and i will keep you all informed daily.

 

I realise the conclusion of this case could have dramatic effect on those involved in the DC industry and has been a long time coming ...and i

 

intend to keep fighting them as you all do!

 

I am hopeful that what i have in this case,with the help of The Mould and you all shall now open the can of worms ............. xxxxxxxxx

 

Wendyboats :grouphug: is grateful to everyone who gave, and will give, support and advice,and feels ecstatic tonight in sending the

 

TRUSTEE the email xx :whoo:

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