Thank you 42man, the court have my file which includes the Boggis statement as I used it when trying to get the 2nd annulment hearing. Do you know anything about the costs issue, what I have paid our in court fees, the fact I paid them £2000, will Lowell be forced to pay that back? Any chance of compensation etc??? I really just wanted it all over so I can learn from it and move on but would be nice to know what to expect Thanks again

Just a bit of an update for those interested.. After the failed annulment hearing I realised that an earlier hearing date in March was for them to get substitute service.(At the time I though it was the bankruptcy hearing itself but was adjourned due to my absence) They were granted this but they never actually served the petition, nor filed an certificate of service to swear that they had served the bankruptcy petition by substitute service. Therefore I was made bankrupt on a petition that was never served. I went back to the court to request a new annulment hearing based upon this clear breach of Rule 6.15a of 1986 Insolvency Act. I had the full support of the bankruptcy manager of the court, who checked both the file and computer to confirm no certificate of service was ever supplied. To our amazement, the Judge refused a new hearing, bankruptcy manager said reapply clearly stating new evidence, another Judge refused stating that issue of service was dismissed during annulment hearing. Again we stated this was new evidence, as only realized after hearing and that issue of service was only related to the process server evidence. Judge replied that they would not enter into any further correspondence and that I should seek legal advice. The only route left was an official appeal at the high court in Birmingham. This has been done and I have just received permission to appeal and a hearing date of March 23rd. The Judge wrote that I "should have been permitted at his second application to annul to raise his fresh argument as to service"....... "order was made permitting substituted service but no evidence was produced at the bankruptcy hearing that service had been made in compliance with that order". I assume that the Judge would have checked the file and confirmed that there is no evidence, therefore Lowell (the petitioner) can not do anything, they cannot produce anything as it is too late. I would not put it past them to make something up and try to blame it on a court error but they did not serve me the petition. Does anyone know what happens to the cost elements and if I will be able to get my costs back (and from whom) I paid Lowell over £2000 to cover the costs / debt in my desperation to demonstrate my ability to pay and that I didn't want to be bankrupt. It is amazing how bad our legal system is, whilst being in court offices I have heard other people being told that they must complete a certificate of service, file it with the court plus send a copy to the other party. I have been made bankrupt despite this missing on the very basis of a case yet my file has been in front of at least 5 different judges who have either ignored it or just not bother to ensure that the paperwork was in order. Especially on such an important action such as bankruptcy and on such a low amount of money and brought by a debt collection company who have no knowledge of the debt and whether it is legal enforceable. Absolutely unbelievable. My life has been on hold since July, with the constant worry of this and the fact that I could not move forward or make any plans etc etc

another thought... could I get the original bankruptcy hearing re-listed on the basis I was absent? Could I then pay the creditor off in full so he withdraws his petition?? Thanks Derek

Hi No I didn't use any case law (which I know now was very stupid of me ! ) I could appeal to the High court or I expect I could just try another annulment with better case law and expert evidence regarding the signature. I spoke about letter of assignment of have received from Capital One via Lowell, as it was not signed nor anybody's name or department, again totally ignored by the judge. It obviously was printed by Lowell as it is not a copy and the paper is crisp brand new, although supposed to be two years old I think I need an aggressive solicitor as so far they all say why bother, why not just pay all your debts and annul that way The signature business is fraud as far as I am concerned, how can they short cut the system and have some else sign the statement of truth, yet it is OK because I owe the debt???????? The creditor solicitor did suggest that I pay them in full and then they would not oppose any annulment. The OR's was present, didn't comment but was quite supportive, saying it is unusual for such low amount.

Hi I think I was not focused enough as I mentioned everything. Not served, not at address, signatures different, no CCA, no letter of assignment, could have / would have paid, debt £600 including and then plus £12 & £20 fees etc I said would have paid £35 to bring under bankruptcy, judge said no because you owed that at time of petition so would have been allowed to continue. Any comments of the signature issue??

Am I making too much of the signatures on stat demand and petition being signed by same guy but sig is different (statement of truth) This should mean that one of the documents is forged. Does mean that bankruptcy should be annulled? I can get expert witness to prove this. Is it too late? is it that important? Also what does anyone know about applying for rescission? Is there a limit to number of times apply for annulment? or should I try appeal judge decision? many Thanks

Well that was a joke, the judge was clueless not an abuse of process because the amount was over £750 Petition and stat demand issue correctly despite forged signature as he is not handwriting expert Did not ask one question regarding able to pay etc etc :sad::sad:

Hi The CCA doesn't seem quite right. It says application form on the top with my name and address. My personal detailed filled in by me. towards the bottom it says Credit agreement regulated by the consumer credit act 1974 along with some small print. On the left side there is a long thick vertical line with 3 short horizontal line from it, just looks out of place and serves no purpose on this page?? My signature is at the bottom date June 2002. Last payment made was in 2008 / 2009 I think and no PPI Again I am able and happy to pay the debt (although I don't think the amount is right nor that Lowell's should make big profit whilst Capital One has already written the debt off and claimed tax relief from it!)

Hi Man42, I have today received the CCA single page with my personal details and signature. I have a court date of 30th September. Like all court hearings it really depends on the judge and who he mainly supports. If he is down on DCA's then we should not have a problem, if he thinks I am to blame for not paying then might be a problem. I will then go on ought not to have been made as did not have my evidence. I would have paid £35 to reduce so no bankruptcy or came to court with £800 in my pocket I would also produce letter from Lowells company RED offering payment of less than £400 to clear debt. (why use so many different companies, it is so confusing, also some legal issues with them not playing straight with names on assignment of debt) The other point is... should DCA be made to confirm how much they paid (if they even have) when they buy a debt. I expect they pay about 10 per cent, so less than £100 for my debt, so should my debt to them be what they paid for it + reasonable profit / expenses. Again all leads to abuse of process, using bankruptcy threats to collect debts especially debts of such low amounts

Thank 42man. It is the same server but the signature is different enough. They look similar but different (which from the research I have done is the main way to find a forgery, ie: doesn't quite look right) We could get very technical and talk about hand pressure etc but the main one for me is that one sig. has one vertical line, the other has two ! his surname has an L followed by T. especially as the rest of the signature is just a horizontal line. sorry but someone who must sign his name many times in a week, on important documents does not sign it differently like that. I can scan and PM you if you are interested. I was in the process of a long protracted separation from my wife, so sometimes I was there, sometime not. My nan (who was like my second mum) died after a stroke around that time too so I know I was away for a while then too. We are in a small village and the post is very irregular with different postman, I have lost count of the number of times I have received someone else's mail. The server said that he spoke with someone at another address to confirm my on-going residency, well that was at a house around the corner, whom I have never met, don't know his name, or anything about who lives in that house, the server might aswell asked Father Christmas or you 42man ! Nothing about continued service in the file, I will go back and ask them to check the file again. When I said to the OR that I was concerned about them re costs, they said they I would not pay the costs, Lowell will. Thanks again

Hi 42man, thank you for your replies. The OR have my annulment papers and know that I am serious. I have now sent off for SAR and CCA from Lowell. The girl from the court offices was 'why should the OR waste their time on an interview etc?' There is a statement of truth / affidavit from the server for the original SD and bankruptcy petition however the signatures are different. What do you make of that? I assume it is very important as they are statements of truth. You do not sign your name different on court papers I did read that you can get an annulment on the ought not to have been made, if the judgement was made without knowing the full facts. ie: He did not have my evidence. I expect this is like any court case regarding new evidence Sorry one last thing, the affidavit of continued service, what exactly is that? Is it that have to try and serve me again for any new court date? or something similar thanks again for your interest and help

yes I agree that the court has make judgements if you are not present HOWEVER once you are aware of the action and have made contact with the court then you should be entitled to a new hearing as based upon the original hearing. This is where the judge etc would have no knowledge of any other debts but the one in front of him, which is when he/ she will ask if you can pay it. Which I would say YES and therefore I am not bankrupt. IF I was at the hearing, which I was not informed of from the creditor (by continued service) the judge would have asked 1. do I owe this debt and 2. can I pay it. I would have replied some of it but I dispute some of it too and yes I can pay it. They cannot make you bankrupt on a disputed debt. In fact anybody is bankrupt if I decide that you owe me over £750 and you don't find out about the court action. No proof of the debt, its history or anything was given to the court. So far I have been unable to give my defence, my basic human right is that I am entitled to a fair hearing, which so far I have not had. The fact you seem to ignore debtinfo is that bankruptcy is supposed to be used as a last resort not as a method of debt collecting. It is a very serious action , which is why you are supposed to personally service the debtor so they are 100% aware of the action. The simple fact is that I have been made bankrupt for £33.35 ! It is highly debatable that the SD and petition was served correctly as the signatures are not signed by the same person. I have read the 42man thread and he talked of a affidavit of continued service, which I am not sure what that is but there was nothing in the court file about it. Could 42man comment please as he seems to understand where I am coming from and successfully been through the process. Many Thanks

thanks Debtinfo I cannot just pay the debt as any and ALL of my debts have to be paid off in full, which I could not do quickly. I don't understand how they can make you bankrupt without you knowing but worse is the fact that you don't seem to be able to stop it when you do find out. It seems that if you miss the hearing then thats it. I am pretty sure that on any other legal or criminal matter you get a chance to defend yourself. Again the law seems to state that in order to be declared bankrupt you must be insolvent, well I can pay my debts. All this would have been avoided if I had known about the statutory demand and paid 35 quid ! Surely that has to mean something to the court I have now found a letter from them from 9 months before the SD saying they would accept a payment of £393 as full settlement !

sorry typo, I have over one hundred times the equity in my property of the debt. Like most people I do have other debts, some older than others which I must deal with, but I am certainly not insolvent.

Hi I need some help and advice as the so-called experts are no help ! On 22nd July unbeknown to me I was made bankrupt by a petition from Lowell Portfolio I ltd for £783.34 I was going through separation with my wife so was not at my address although I am now, hence receiving the court notice on 29/7/2011. So I had no knowledge of statutory demand or bankruptcy petition. I now have the rather thin file from the court with statements of truth from the server who used substitute service for both SD and BP. The debt was from Capital One credit card with £600 limit. There is no statement of account, no proof of debt, no assignment of debt and no affidavit of continued service in the court file. One interesting thing is that the signatures on the statement of fact from the server is different, similar but difference, in that one is joined up, the other not and his surname has an L followed by a T, one signature has one vertical line, the other two ! IS THIS IMPORTANT. Also the signature from the litigation contact is very different on one of the letters. I have applied for an annulment on the basis of ought not to have been made by stating that I was unaware of the hearing, that I have one times the debt in property equity, that it is an abuse of process that they should obtain CCJ for this amount of debt, that the signatures are different, that I dispute the debt and dispute they are the creditors of any such debt. I also state that I would have in any case paid a minimum of £33.35 to bring balance under £750 plus DCA are offering 50% discount so debt is £400. My problem now is that the hearing date is not until September 30th and the OR wants me to complete the questionnaire and have an interview. For a number of reasons, mainly that it will take me days to complete as my situation is quite complicated, I don't want to give all this information and waste everyones time just because I didn't know about the action. Have I done the right thing? What should I do re the OR? Any help and advice would be much appreciated Many Thanks Disneydad27