Hamptons Legal/Lowell Portfolio Bankrupty home sales

[colinisnotmyname]

hi

 

Hi, I'd would like some advice on saving my home from repossession (sales)

 

Lovell portfolio declared me bankrupt July 2011 for £3000 credit card debt they purchased, I offered to pay at £200 per month which they turned down, I've been paying of my debts at this amount successfully for 3 years.

 

I only own a small amount on my mortgage, which is not in arrears, all my debts together amounted to £12,000. I entered into a payment agreement with the appointed Trustee, so far paid £2,100.

 

Really suprised to recieved a court date for possession and sale of my home! The amount owed has multiplied to £48,000!! with costs etc.

 

I work full time and am prepared to carry on paying - can anyone help? how do I contact the courts etc, continue to pay the arrangement (I've never defaulted)

 

I sought legal advice last year and was told an IVA was useless as I had too much equity in my home.

 

Not got to the eviction stage yet but suffering legal fatique after all the hassle, even had to change to a less stressfull job, now thinking maybe just giving up and go on the dole, it's a long hard fight.

 

thanks to anyone with any ideas.

[Ell-enn]

Who is bringing the claim for possession?

[colinisnotmyname]

thanks for the reply, it's the Trustee, I entered into a payment agreement through this company - Grant Thornton

[citizenB]

I think you need more information as to what is happening.

 

Why has the amount owed quadrupled and why the Trustee is requesting possession.

 

Do you have any paperwork from the beginning of the BR ?

[colinisnotmyname]

The official paperwork states that this settles all debts, had a read through and noticed that one of the 'debts' is listed as £8k other! which I know nothing about, noteiced they lumped the mortgage in there too (in a blind panic only read the final amount).

 

Do you know if I can query the amounts - along with their £10k trustee costs.

 

Can I appeal direct to the courts for the date to be set back, and apply to my creditors for accurate amounts - seems that may be the trustee has allowed the creditors to apply interest and hidden charges!

 

Does anyone know of any official forms for any of this, looked through the library and not sure of the correct form.

 

Might be best to employ an insolvency solicitor, or is it too late

 

thanks

 

 

Or even write to the trustee - not sure if there is any

[andyask]

Can you update us on how you got on?

[colinisnotmyname]

Not very welll, I contacted CAB, they told me I should have put my offer in writing to pay Lowell Portfolio £200 a month as the court would have accepted this back in July 2011.

 

Was advised to ask for a charge to be put against my property, but the solicitor acting for the reciever has blocked this,l I have enough equity in my house to not onlly pay the £12,000 I owe but all the other costs which now amount to £48,000.

 

Court tomorrow at 10.30, apparently once a bankruptcy order is made they can just take as much money as they can justify!! Think a a charge and stick a couple of noughts on the end.

[42man]

I've just seen this and I read it with sorrow, what a pity you didn't find these forums sooner.....can I please urge you to report Lowells to the OFT too. You will find these forums strewn with Lowells stat demand and bankruptcy threads.

[colinisnotmyname]

Thanks will do, the hearing didn't go well, Magistrate gave me 28 days to leave my home - she mentioned that loads of people live in homes they don't own and I was lucky to have owned one!!

 

Not to mention leaving school at 14 and working bloody hard for it, I did asked why being in debt was still such a crime and should have dealt drugs or raided a bank may have been dealt with more lenincy, only reply it's the law!!!!!

 

Adding insult to injury the bankruptcy order was for just under £11,000 paid third of that over the last year in charges at £300 month.

[42man]

What a stupid thing for the judge to say......I suggest you look closely at any excessive charges or PPI too....

[colinisnotmyname]

Wish I had acted sooner!! read through loads of threads re Lowells. Managed to get to stay in my home, although the trustee has insisted I put my home on the market.

 

Finally taken my head out of the sand...

 

Couldn't afford an insolvency solicitor, they required £500 deposit, although did get loads of info for a free hour plus inspiration from the forums. Also pointed out that the calculations for money owed was incorrect, seem absurd considering that the possession of my home was made on this information.

 

Lowells who petitioned the bankruptcy have not claimed against me, so have sent of a SAR, the solicitor suggested I do this with the other 2 claimants. He mentioned that all parties need to prove debt. This seems bizarre that a bankruptcy order can be made without absolute proof. Waiting on replies.

 

Been in touch with local Official Receivers Office got info on overturning bankruptcy, one way is to prove the money is not owed, might be a little late for that, but I'm going try anything.

[colinisnotmyname]

Not posted for some time, my home was sold as part of my estate, only one debt and Lowell, COOP Bank so much for ethical banking.

 

Really interested in post regarding Barclays bank and their use of debt collection agencies, any one know how I could complain?

 

I have made a complaint regarding Lowell's through the Financial Ombudsman, which is very interesting, Lowell's initial response was that my offer to make an arrangement for payment December 2010 was too late as legal action had already been taken, even though they failed to respond to this letter. Also my offer to pay £200 per month was not received until after the Bankruptcy order 25th July 2011.

 

When I pointed out that I had a copy of my Lowell file, which clearly shows I made 2 offers December 2010 and June 2011, their response was that they had checked my file again and confirmed this!

 

I am corresponding via email with Paul Ochiltree, Lowell customer relations, I have just pointed out A note on my file dated 22th July 2011 confirms an email ‘tony we have not heard from this customer can you instruct your agent to request a bankruptcy order be made’ this is not true as you have confirmed that I had made contact and indeed offered a payment solution. This again confirms that Lowell chose to declare me bankrupt ignoring my offer of payment.

Lowell's also stated at the hearing that they had not heard from me, which is not true and my file shows.

 

I recently called Lowell's office and had the experience of being put on hold, during this time I listened to a recorded message offering assistance in arranging payment of debt, help, advice and a fair payment solution. This is something that was not extended to me.

This may be a long winded post but I feel it show Lowell's bloody mindedness in handling debt and complaints, I feel if I hadn't obtained a copy of my file some time ago, I'd have nothing to show that I made any attempt to arrange payment.

I've spoken to the Ombudsman and Lowell's have until September 2nd 2014 to provide a solution, will keep posted.

[citizenB]

According to the London Gazette, Lowells are probably one of the biggest issuers of Bankruptcies.... and most for unsecured debt - it is disgraceful.

[colinisnotmyname]

Wow! think this is something that the Financial Ombudsman needs to look into, I've been in touch with my local MP, he was boasting about the Labour Party backing estate agents who demand large sums up front for putting names forward for rentals.

 

Perhaps he can jump on this, The Office of Fair Trading no longer exists, however, Lowell are going against Credit Collection Agency Code of Practice.

[theoldrouge]

Wow! think this is something that the Financial Ombudsman needs to look into, I've been in touch with my local MP, he was boasting about the Labour Party backing estate agents who demand large sums up front for putting names forward for rentals.

 

Perhaps he can jump on this, The Office of Fair Trading no longer exists, however, Lowell are going against Credit Collection Agency Code of Practice.

 

not to mention the guidance of the Financial Conduct Authority-

Proportionality

 

CONC 7.3.14

01/04/2014

FCA

 

(1) A firm must not take disproportionate action against a customer in arrears or default.

 

[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

(2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.

 

[Note: paragraph 7.14 (box) of ILG]

[colinisnotmyname]

thanks for the information, I scrutinised the Code and Practice and forwarded 'loads' of info to the Ombudsman, I will certainly quote the info from you in my next email to Lowell's

 

thanks

[colinisnotmyname]

Financial Ombudsman finally refused to act for me, took ages, even after I appealed.

 

 

They cannot consider complaints that have been subject to court action.

 

 

Even though my complaint is about the failure to comply with the FCA, not the court action

 

 

Taken legal advise, waste of £120! Still battling on,

 

 

I made a complaint to both the FCA and CCA, still waiting for response.

 

 

Sent my complaint about the actions of Lowell's to Sara de Tute, no reply.

 

 

Complaint letter CEO at Barclays re not responding to my FF letter,

 

 

they cannot locate the offer but are sure they wouldn't have accepted. Good job I have a copy.

 

 

Still working on a suitable reply and the return of the £50 cheque they enclosed.