URGENT HELP PLEASE - Bankruptcy petition advised by Land Registry only - Lowell/Hamptons!!

[BarringtonGibbins]

Dear All,

 

I am urgently looking for some help & support - I just received a notice "B10 Notice of registration of a bankruptcy notice" informing me of "(22.07.2011) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action..." and giving me a reference to a petition entered in the High Court!!

 

This is the first thing I have heard from anyone and rang the court who confirmed a petition had been filed on 19/07/2011 by:

 

Lowell Portfolio Limited

Graheam Danby Solicitors

Case Ref: 921286839

Tel: 0113 3086043

Litigation Dept

Lowell Group

1 Apex View

Leeds

LS11 (BA8

 

(Exactly as above complete with what seems typo's).

 

AND I AM DUE TO APPEAR IN COURT on 06/09/2011 at 10:30am....!!

 

The court further told me they could not tell me what the amount was and the petitioner should have served documents on me and nothing would be sent by the court....

 

Had I not got the Land Registry letter I would have not known anything about this....???

 

I called the number given and the agent who answered the phone told me he did not recognise the reference number and when I asked who I should write to he gave me the following:

 

Hamptons

PO Box 173

Leeds

LS11 9WR

 

When I asked who they were as the names were different he said "we are all part of the same group" and the took my full name and address which I gave and then thought, hang on I don't know who I am actually talking too & declined to answer his further "security questions" and said I would write to them.

 

I am now very concerned and stressed out as it would seem that someone without any communication having been sent to me has actually petitioned for my bankruptcy which if not for the Land Registry letter I would have no idea was actually happening!

 

I suspect this may relate to an old credit card or bank O/D debt from around 2004/05 but at this stage I don't know...

 

Question is what should I do now:

 

a) Apply to the court to have the petition hearing stayed, struck out and/or set aside?

b) Write to Lowell/Hamptons/Graheam Danby and ask them to produce all paperwork?

c) Advise Land Registry that I have no proper knowledge of the debt?

 

Please let me know what you would suggest I do - a) or a) & b) or all of the above & any template docs much appreciated.

 

Presumably the petitioning creditor should have served a Stat Demand, identified what the debt is & how they have any rights to it - i.e. Assignment, purchased, etc.

 

Further can I demand that they produce statements & the like because if it is the creditor I think it might be, it should now be barred by limitation as there has been no contact over the years?

 

Any help & advice very gratefully received...

 

Many thanks

 

Barry

[BarringtonGibbins]

This is my first post on here - have I put it up in the best place and correctly?

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to the Debt Collectors Forum for now.

 

Regards.

 

Scott.

[dx100uk]

have you moved since that debt was taken out?

 

dx

[BarringtonGibbins]

Technically no - the property was part of a Freehold but a new Leasehold was issued March 2005 which did change my official address but same flat I have been at since 1999.

[dx100uk]

ok so they couldn't have pulled the stunt of sending to a wrong ad

 

i'd get it set aside then

 

dx

[BarringtonGibbins]

I don't think they have sent anything & were hoping it would just slide through - should I write to them requesting docs or just go straight to set aside, if the latter on what grounds should I apply for it to be done?

[BarringtonGibbins]

I will be out shortly for an hour or so & then back online - any further guidance very much appreciated....

 

Should I get credit reports for experian/equifax in advance to see what's there?

[BarringtonGibbins]

Should I write to Lowell/Hamptons requesting documentation & proceed from there or just look to try set aside straight away?

 

Any thoughts or suggestions very much appreciated.....

[twofoot]

First job is CRA's and trustonline. See what shows up and then take it from there.

[MarkedMan]

A Statutory Demand is the most common ground for issuing a bankruptcy petition, although there are a couple of others available. You need to get hold of a copy of the petition which will identify this. If it is based on a stat demand that you were never served, you will be able to get this dismissed with any costs paid by Lowell.

 

They have to attempt to serve this personally in the first instance, and you can therefore expect a service agent to knock on your day any day. Alternatively, if you go to the Court Office they will give you a copy. Presumably you live in London as they have filed this in the High Court. If you go to the Court, request a copy of the supporting statement/affidavit for the petition and service of the stat demand which they will have filed.

[PGH7447]

well I cant find any mention of a graheam danby solicitor on the SRA website

[PGH7447]

I would send lowells and their oet a cpr request seeing has how this as already progressed to the court phase

[BarringtonGibbins]

I would send lowells and their oet a cpr request seeing has how this as already progressed to the court phase

 

 

Excuse my ignorance but what is their "oet" and what cpr request - presumably I want to see their petition and on what it is based?

 

I was thinking of going to the court tomorrow and filing an application for a stay to give reasonable time for the matter to be properly investigated.

 

Your thoughts?

[rebel11]

Hi bar

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

[BarringtonGibbins]

Have called the court again to confirm the solicitor & given the spelling Graeme Danby but still can't find anything on this on the SRA..... should every solicitor be listed there or just the firm?

 

Could be this person is just a representative of Lowell's "Legal Dept"...?

 

My feeling is to apply for a stay as the actual hearing is effectively just on a months time and doesn't give me much time to do anything.

 

Any suggestions in respect of an appropriate organisation to get some help, I am in receipt of Income Support due to limited capacity for work and not sure if this would qualify me for any form of legal aid?

 

The local CAB is almost impossible to get to see & from what I have heard not worth it if you do manage to see anyone.

 

Thoughts please people...

 

Many thanks...

[BRIGADIER2JCS]

I have searched for Danby as well, most refs are for an opera

singer, could this be another pretend in house solicitor, with a paralegal,

working under the name of a director as in Cabots in house and 1st Credits?

[unclebulgaria67]

If I were you I would make a complaint to Lowells. Send it to The Manager, Complaints Resolution Team, at the Leeds address. Explain what has happened and threaten to pass details to the OFT and to look into the way they have handled the legal side with the legal ombudsman.

[BarringtonGibbins]

Does the recent guidance from the OFT not negate the discussion on agreement copies?

 

A Subject 77/78 only effectively produces a stay until "true copy" docs are provided and this is a bankruptcy petition not a claim as such....

 

Or am I missing the point?

[PGH7447]

oet = pet = bad spelling

[BRIGADIER2JCS]

Please explain for the benefit of the terminally bewildered:madgrin:

[dx100uk]

and their's me thinking it was [p]oet

 

dx

[BRIGADIER2JCS]

Has happy hippy been sending you herbal remedies:?:

[BarringtonGibbins]

I have sent this letter:

 

Dear Sir/Madam

 

I have just received a “B10 Notice of registration of a bankruptcy notice” from Land Registry by letter dated the 22 July 2011. The letter states that an entry has been made against my flat as detailed above in respect of a pending action and provides a High Court Reference Number “4714 of 2011”.

 

I immediately called the court and was informed that a petition had indeed been filed on the 19/07/2011 by the petitioner as below and a hearing was set for 6th September 2011 at 10:30am:

 

Lowell Portfolio I Limited

Graheam Danby Solicitors

Case Ref: 921286839

Tel: 0113 3086043

Litigation Dept

Lowell Group, 1 Apex View

Leeds, LS11 (BA8

 

I was shocked by this as I am completely unaware of any relationship with you nor have I received any prior communication from you whatsoever. Presumably to have taken such action you are fully aware of my address which has remained unchanged over the years and I fail to understand why this has been done without first making any approach to me if you do have any valid claim?

 

If I had not received the letter from Land Registry I would have been oblivious of the petition proceedings which I find wholly unacceptable. This would appear, in my opinion, to be an attempt at an unfair, oppressive, deceitful and improper business practise and as such, subject to further investigation, I intend to report the matter to the appropriate regularity authorities.

 

I called the number provided by the court at 13:42 today and spoke with an agent who identified himself as “Wayne Brown” and when I provided him with the case reference number he said he was unable to recognise it. When I requested who I should write to on this matter and he informed me:

 

Hamptons

PO Box 173

Leeds

LS11 9WR

 

When I enquired why this was different from the petitioner I was told “its part of the same group”.

 

At your agent’s request I then confirmed to him my full name and address, following which he proceeded to request from me further personal information which I declined as I was unsure who I actually talking with and informed the agent I would hence only communicate with you in writing.

 

Having done some internet research on your company I am alarmed to have discovered huge numbers of consumers who report having experienced actions by you that they consider improper, vast numbers of alleged complaints against you and further you have been featured on the BBC One TV consumer series “Watchdog” after “hundreds of complaints” which following their investigation documents “Shocking behaviour” and “Bad communication”.

 

What now concerns me is how you have acquired my details, the information you have about me and what information you may have transmitted to any other party. I hence attach a “Subject access request under the Data Protection Act 1998” to which I would request your immediate attention.

 

Once I have received from you a full and proper response I will then be in a position to comment further and proceed as may be appropriate.

 

I reserve the right to bring this communication to the attention of the court should your company choose to continue with this petition and would state for the record that I do not acknowledge any valid indebtedness to you.

 

Regards

 

With attachment & £10 Postal Order:

 

 

Attention: The Data Controller

 

Subject access request under the Data Protection Act 1998

 

YOUR REF: 921286839 and the High Court Petition Reference Number: 4714 of 2011

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Please note that I require disclosure of any personal data which you hold on me for the entire period of any alleged dealings with you and it is not limited to 6 years of information.

 

Additionally, where there has been any event which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to any alleged debts, assignments, sale agreement or any other rights purported to have been acquired.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the maximum statutory fee of £10 and would request your response within 7 days.

 

Furthermore, if I discover that any originator, third party or you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which may have been levied on them.

 

Should it be found that it is your wrongdoing and mishandling of my account which has created the necessity for this Subject access request, I shall also be reclaiming the enclosed £10 request fee.

 

If there is any additional specific information which you require in order to satisfy yourself as to my identity, please advise me by return.

 

Please note that the above detailed address is the only valid one for me and as such is the address which you should use to communicate my private business to me.

 

 

Yours sincerely

 

 

 

Your thoughts/comments?

[unclebulgaria67]

What about notice of assignment that shows Lowell have the right to pursue the debt.

 

CCA and Default notice from the original creditor ?

 

If you making a subject access request to Lowell this might be limited to just their documents/data.

 

What about making the appropriate CPR request, as well as the SAR?

 

Surely as they are taking this to court, you should also separately make a CPR request for all documents that they are relying on to take this to court.

 

I am not an expert in CPR requests, so perhaps others can advise on this.