Hamptons/Lowell SD threat Natwest Loan/current account - Statute Barred? *** WON + COSTS **

[giveITallback]

Hi,

 

I've recieved a notice from the land registry of an intended Bankruptcy from a debt that defaulted with the OC in 2005. Please help as I'm worried sick that I'm going to be made bankrupt.

 

Anyone please!

[BRIGADIER2JCS]

Hi,

 

Little more detail would help if you can answer some questions.

 

1. Has any payment or acknowledgment in writting been made

since the deafult date.?

2. Has a County Court Claim been made.?

3. Who was the OC?

[giveITallback]

Hi thanks for jumping on this, really appreciate any help.

 

1. I cant remember I was in that much mess 7 years ago, it's a bit of a jumble. I'll double check when I'm home if anything has been requested from them in the past or anypayment plan agreed or payments made. What does it mean If I have paid or agreed something?

2. No CCJ on this debt

3. Natwest Loan/current account. The debt has been passed around I think by Lowell Financial who are currently using Hamptons

[BRIGADIER2JCS]

Ok, The best course of action is a Subject Access Request

Under the Data Protection Act 1998 this requires the creditor

to produce all the data they hold on you.

There is a £10 statutory fee to pay and they have 40 days

to comply.

 

Have Lowell issued a Statutory Demand yet?

[giveITallback]

Hi,

 

I'm not sure

 

 

I got a letter from the land registry office saying 'Notice of registration of a bankruptcy notice

 

 

I'm guessing all though I don't recall seeing anything in 2012 resembling such.

 

 

I may have had one of those notices of intention in 2011 that looked all official but never heard anything.

 

 

I called the telephone number of the court who advised a hearing has been arranged

and a letter would be sent out.

 

 

I'm rather terrified at the moment!

 

Thanks

[unclebulgaria67]

Land registry ? Is your property leasehold or freehold ?

[giveITallback]

It's leasehold for 999 years

[unclebulgaria67]

It's leasehold for 999 years

 

I am just wondering as to whether this notice from the land registry has anything to do with you.

 

 

When I have heard about these notices from LR before, they have been about the freehold owner of the property.

 

If you were being made personally bankrupt,

 

 

you would know about this and would have received a statutory demand,

 

 

plus court papers letting you know that they wanted to take bankruptcy forward.

[giveITallback]

It's in my name and I've called the court telephone number on the Land Registry papers and all the details at the court are in my name for an old debt.

 

Thanks

[unclebulgaria67]

It's in my name and I've called the court telephone number on the Land Registry papers and all the details at the court are in my name for an old debt.

 

Thanks

 

How bizarre. And you knew nothing about this until this notice arrived ? Suggest an SAR to Lowells to find out what paperwork they have for this.

 

If you were not served a statutory demand, you will have to look at getting this set aside.

[giveITallback]

If they issued a statutory demand,

 

 

how long is it valid for?

 

 

I got something as I mentioned last year that may be the demand or notice but I assumed it was a scare tactic.

 

Thanks again..

[unclebulgaria67]

If they issued a statutory demand, how long is it valid for? I got something as I mentioned last year that may be the demand or notice but I assumed it was a scare tactic.

 

Thanks again..

 

You would have had notice of bankruptcy proceedings from a court or will shortly. Perhaps the notice is to stop you selling the house, while the bankruptcy is being sorted out. So it looks like it was a statutory demand and you are to be made bankrupt (possibly )

 

You need to get the SAR off to Lowells asap, asking for everything they hold on you. Then you might have a chance of getting this set aside. Also it might be worth contacting the NatWest to find out the last date of payment, so you can see whether it is statute barred.

[giveITallback]

Can anyone else answer how long the demand isvalid for?

 

 

I think I got something last year possibly a year ago.

 

I've also got a feeling I've made payments to a DCA at some point but not sure which one,

 

 

does it matter if it wasn't to the current one?

 

 

I Guess the SAR will solve this?

 

Thanks, starting to feel sick with worry !!

[giveITallback]

Hi,

 

Ok I'm about to send the SAR.

 

 

What exactly is the purpose of this?

 

 

Would can it achieve?

 

 

Sorry for being a novice here.

 

 

What exactly will it tell me and

 

 

what should I be looking out for?

 

Thank you

[unclebulgaria67]

I thought that they had 6 months from the service of the statutory demand, to bring forward any bankruptcy proceedings.

 

Get the SAR sent off to Lowells NOW.

 

You may get something in the post shortly anyway from Lowells, which should clarify what this is about.

 

It would be up to Lowells or any other DCA to prove that you made payments and therefore the debt is not statute barred.

[unclebulgaria67]

Hi,

 

Ok I'm about to send the SAR. What exactly is the purpose of this? Would can it achieve? Sorry for being a novice here. What exactly will it tell me and what should I be looking out for?

 

Thank you

 

Well hopefully it will reveal all details of the debt and any documentation relating to it, which Lowells have in their possession. When you receive the details, post back if you are unsure.

[giveITallback]

Hi,

 

OK will see what it brings up and will let you know exactly what they send back. I take It I'm looking for assignment of debt? Statements or activity on the account, orignal Credit Agreement anything else? Do I need to add anything to the SAR template letter with regards to the letter from the land registry?

 

Cheers

[unclebulgaria67]

Hi,

 

OK will see what it brings up and will let you know exactly what they send back. I take It I'm looking for assignment of debt? Statements or activity on the account, orignal Credit Agreement anything else? Do I need to add anything to the SAR template letter with regards to the letter from the land registry?

 

Cheers

 

The idea of an SAR is that it is generic. They have to by law send you all data that they hold in any format. Just send the SAR letter to Lowells Head of Compliance.

 

This is the letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

You could mention that you have not received any documentation from Lowell or associated companies until you received an odd letter from land registry ( send Lowells a copy). Ask them to make sure everything they hold in regard to this matter is released, as you will be seeking legal advice.

[giveITallback]

I have recieved usual letters about the debt and usual threats of bankruptcy but no documents from the court or bankruptcy forms, sorry if I didn't make that clear.

[unclebulgaria67]

Suggest that you read back through your posts, as they might help refresh your memory.

 

http://www.consumeractiongroup.co.uk/forum/member.php?81932-giveITallback

[giveITallback]

Hi,

 

I've posted the SAR so will sit tight and wait for them to respond I guess.

 

 

I'll update you with anyother correspondance that arrives in the meantime related to the Bankruptcy.

 

 

Thanks for the help so far.

 

 

So to Summarise.

 

I've had letters from Hamptons regarding Natwest debts that were defaulted in 2005 throughout 2011-2012

I've received a B10 notice or Registration of a bankruptcy notice from the land registry office

I'm checking to see if I've made any payments in relation to this debt to either the current DCA or a previous one in the last 7 years

I've posted off a SAR form as advised using the template from here

 

Anything else I should be looking for or doing in the meantime apart from being really anxious.

 

 

I feel ill and really worried and appeciate everyones guidance through this!!

[giveITallback]

Hi,

 

Nearly a month has passed and no reponse to the SAR to Lowells regarding the above intended bankruptcy letter I received from the land registry office.

 

 

Since sending the SAR I have received a letter saying that a representative of Lewis Inv Services on behalf of their client Lowell Portfolio

have visited my property and will re attend so they may serve me with a bankruptcy petition.

 

Getting really stressed now,

 

 

please can anyone advise on what to do?

 

 

I'm not sure I enclosed any payment with my original SAR,

 

 

I may have forgot.

 

 

Does this matter?

 

 

Should they write and advise me of this?

 

Thanks in anticipation of anyones time and advice here!

[42man]

You should ask the court if there are any cases involving your name.

 

 

It sounds like the bankruptcy may have already gone through,

although the lack of any paperwork through your door suggests it may not have happened

or there may be some adjournments previously.

 

 

Also check to see if your name is mentioned anywhere here - http://www.london-gazette.co.uk/

 

 

Let us know if you dig anything out.

[42man]

The court will be the one closest to you (or if they don't handle bankruptcies/insolvencies) then have a look here to see the closest to you that does - http://www.justice.gov.uk/about/hmcts

[giveITallback]

Hi,

 

I've not received any court papers and mentioned they are trying to serve me with a petition for bankrupty.

 

 

Surely it can't be put through if the court have not written to me?

 

 

I'll ring the court.

 

 

Will they be able to tell me past and present?

 

Regards