Lowell made me bankrupt without my knowledge!!!

[lawsonics]

Well, in view of the annulment hearing next week, I wanted to gather some advice as to whether I should bring a lawyer along... I think my defence is very thorough, but as I've never been in court before I am unsure of the protocol. Shall I get a lawyer to come along and where to find one at short notice! I'm in North London...

[unclebulgaria67]

Well, in view of the annulment hearing next week, I wanted to gather some advice as to whether I should bring a lawyer along... I think my defence is very thorough, but as I've never been in court before I am unsure of the protocol. Shall I get a lawyer to come along and where to find one at short notice! I'm in North London...

 

I doubt at such short notice whether you will find one, unless your local CAB has a friendly local one, who is willing to give their time to help. Some CAB's have Solicitors or those retired, who volunteer some of their time to help. If you went to your local High Street firms, I suspect that they would charge you about £1k+ to assist with this and they might not be a great help, unless they happen to share the same old school tie as the Judge.

[lawsonics]

Dear all,

 

I have some great news, the BANKRUPTCY WAS ANNULLED!

 

I went along to the hearing with my wife, no lawyer, and with the fantastic defence all at CAG helped me to put together, the annulment was overturned. Details as follows:

 

1. The order was overturned due to the inconsistencies in the Notice of Assignment. It seems they filed copies of these presumably sent to me (I've never seen them!), and there were 2 of them. One stated that Lowell Financial had bought the debt, the other one that Lowell Portfolio had. They both have the same date!

 

2. Further to that, they filed a new witness statement with a copy of a reconstituted contract and a letter of compliance from Barclays which states that my account (with Barclays) has a due balance of £3,600 (the amount claimed by Lowell)

 

3. On this basis, the judge decided it was not clear who actually owns the debt and that Lowell should provide a copy of the Deed of Assignment.

 

4. Even if the bankruptcy was stayed, they needed to prove the debt to the official receiver, and without the deed, it seems would have been a lost case for them...

 

 

It was decided, though, that because the SD and Petition are deemed correctly served (my wife got them), that the petition is stayed, so I need to come back in 4 weeks to fight the last battle. I am counting that they won't produce the Deed, but if they do, is there anything else I can hold on to?

 

Thanks to all again. Although this is not quite over yet, I feel hugely relieved. I have learned so much and hope I can be of help to others.

[lawsonics]

Hi all,

 

I'm going back to court for the petition hearing next week. The previous order states that unless Lowell provides the below, the petition will be dismissed:

 

1. Provide evidence acceptable to the court of the assignment of the original of the sending debt to the Petitioning Creditor and

2. provide evidence of a correct Notice of Assignment having been sent

 

I would like to know what sort of evidence would be court expect to see... Is that just a Deed of Assignment and a copy of a Notice of Assignment?

 

What details should I be checking – if these are put forward – to verify they are valid?

 

Many thanks

[unclebulgaria67]

If they show the deed of assignment it will be to the Judge and you probably won't get a look at it. But you should ask for the document to be checked to ensure that your debt is specifically mentioned and clearly noted as relating to the deed being used in evidence.

 

The notice of assigment should be a letter advising you of the transfer of ownership of the debt, so you would be aware of who would be entitled to take relevant action, as if they were the original creditor. So this should contain a date of sending to a correct address that you were living at the time, so you should have seen it.

[lawsonics]

Thanks. Is there any other way they can convince the court if they dont' have the deed? any other docs? I just want to understand and be prepared for what it might come...

[42man]

I am still slightly worried as no agreement has been produced.......despite your SAR and I think you also made a CCA request too ? if the deed of assignment doesn't go your way then a huge issue is a legible and enforceable agreement....

 

I would be really surprised if they weren't able to produce the deed, as it may be one of a number on a sheet of paper that they purchased....

[lawsonics]

They have produced a reconstituted agreement that shows my name and address, and the T&C. I think the judge might have been satisfied with that because she actually stayed the petition...

 

Order reads:

 

AND UPON the Court determining that the service of the statutory demand and petition are good and permitting the enforcement of the original agreements under section 78 of the Consumer Credit Act 1974

 

IT IS ORDERED THAT at the adjourned petition unless the Petitioning Creditor provides evidence acceptable to the court of the assignment of the original of the sending debt to the Petitioning Creditor and evidence of a correct Notice of Assignment having been sent, the petition will be dismissed

[lawsonics]

Hi

 

Just realised, thinking back and looking for clues on my records, that I actually my card was originally taken with Goldfish, who were taken over from Barclays... I can't seem to find any records, though, as we discarded anything older than 2005 on our last move...

 

Is there any way I can find out about my original account? Would Barclays have the info if it was an account they acquired then?

[unclebulgaria67]

I think you can contact Barclaycard to obtain info on Goldfish cards. There must be some records, so they can deal with PPI claims.

[lawsonics]

I did send a SAR early on, but they didn't even produce the contract... just now they are sending a reconstituted one. So in close inspection, I realised that this was the document it came with the new Barclays card when they took over. So they won't have a copy of a signed agreement from me, and neither that one is a true copy of what I originally signed, if I ever did. I think I applied for that card online...