Help Needed Please over eviction

[caro]

Who applied to the court for you to be evicted if not your mortgage provider?

[skyler11]

hiya,

the insolvency firm who the court appointed for me to take control of payments to creditors.

and the sayd debt is desputed ,

 

they have all knowledge of this

they should have looked into it .

not interested though

all they could see was a vulnerable home owner.

 

ive since asked lowell for the original agreement and they do not have one

 

so acording to them account is now on hold.

 

Were from ere ini ??

 

still havent had anything in writing or rundown of costs from insolvency

the extent of extortionate fees ime being wrongly charged for....

[Conniff]

It's very hard to understand what is going on here skyler11 and what you are asking. It would be better if you only answered what was asked.

 

As I see it, you had debts and someone applied to make you bankrupt - ?

 

That bankruptcy went to court and was granted - ?

 

You were allotted a solvency company to sort out what was owed and to whom - ?

 

What was the amount of the debt that was used to make you bankrupt - ?

[skyler11]

yes thats about the just of it.

 

i was made bankrupt and was not represented in court,

i had a soliiciter but did not do what she advised.

 

the debt was from llowell portfolio!! for £3065 for a credit card debt .Original creditor was lloyds Tsb.

 

I have never had a credit card with lloyds.

have been to the local branch ,

enquerying and

they say the account number is not a credit card account number.

and this account number is not linked to me at all .????

[Conniff]

I don't know how further to answer, if there was no debt to start with, how did it get to court and why didn't you do what the solicitor advised.

 

Did you respond or challenge any of the letters that were sent to you before it got to the issuing of a bankruptcy petition - ?

Edited May 4, 2013 by Conniff

[skyler11]

Hi thank you for your time .

 

the stat demand and Bamkruptcy petition wher handed to me the same time ,

I Didnt know at the time that this was wrong .

 

I took them to the soliciter next day ,

had an appointment to c about a separate issue PI claim.

asked for advice and she sayd she would c to it and apply to the courts within the time limit 18 days .

kept in contact in meantime .

 

Early mid dec was deadline to apply to courts.

as i had not been informed otherwise was waiting for a hearing date.

 

tryied to contact soliciter but failed , bizy time of year .

 

On 24 december2010 ,

received a letter from my soliciter informing me that she needed more paper work about this issue.??

 

xmas holidays failed to get in touch .

 

Bankruptcy petition heearing was on 5 January 2011 i was made bankrupt with no representation.

 

the account ive been made bankrupt for is not linked to me at all.

 

As original creditor Lioyds Tsb informed me.

 

Llowells are well known in theyr fraudulent behaviour!!

 

so i know ime not the first.

 

you have many a complaint on this site let alone all the other thousands.

 

On an earlyer post i wrote about the reply i recently received of Llowells received three .

 

1st agnowledge of receiving,

2ond replying that they do not have agreement or particulars

and they wher applying to original creditors for the sayd agreement,

 

3rd letter informing me that they have not received a copy of agreement off Lloyds Tsb.

account was now put on hold until they received any information.

when they receive it they will post to me.

 

My question is

why they have not got one? ,

surely they needed this to file the sat demand and Br petition.

 

These are very important documents that the courts would make compulsory, to file Bankruptcy on an individual.

 

as this is one of the worst life changing situation with long term effects ,

and would be highly unlikely to return to the financial posistion they were before proceedings.

 

Even harder now with the current economic crisis !!

 

 

Ime gratefull for your responce and others but need a way forward

and to not keep on repeating myself .

 

my daughter is being affected as of this,

my health has worsend

we need to go home ,

as we rightfully should.

we Are paying for it.

Way forward to defend this would be appreciated xx

[Conniff]

Ok, as you claim this has nothing to do with you, I suggest you start at the beginning and SAR Lowells and Lloyds.

 

When you have the paperwork that shows this has nothing to do with you and you have never had an account with Lloyds, then you can start to overturn the bankruptcy.

[steampowered]

Hi

 

I am afraid your posts still are not clear enough for me to provide you with any useful advice.

 

If you want help you need to be clear about what happened

and you need to explain what happened in a clear,

chronological way and

you need to provide the requested details.

 

I do not understand where this extra debt has come from,

how you were evicted or

why the debt was not discharged as part of the bankruptcy.

 

If you want further advice from me please answer the questions in Post #47,

 

one at a time preferably with a separate line answering each question.

 

Otherwise I can only suggest going to the nearest CAB or a local law centre.

[skyler11]

Hi, ime sorry its confusing but i also feel the same .

 

As i understand involintary bankruptcy is diffrent to volintary bankruptcy

 

,Also as the insolvency act was enterd into,

although it shouldnt have been.

Theyve done this as i understand because ime a home owner.

 

Insolvency practitioners (mazarz)have acumilated extortionate fees due to me desputing the debt.

 

which should have been investigated by them as they had control of my affairs, nothing was done by them .

 

i also offerd to pay them the £3065. for the apparent debt not to have extra costs owing on top.

 

They refused and sayd it would then cost £7000.

in a mater of a coupl of weeks this arose to £29000.

 

If they would have accepted the £3065 insolvency woul have discharged ,

 

I could have challenged the sayd debt then with lowells.

 

hope this makes it a bit clearer.

[steampowered]

We still need a lot more detail if you want useful advice.

 

Do I understand correctly that Mararz are the insolvency practitioners responsible for dealing with your bankruptcy?

 

Was this money already paid to them as part of your bankruptcy or are they asking for it now?

 

What steps have they taken to get the money?

 

Has the bankruptcy been discharged?

 

I will say nothing about the eviction as I know nothing about it

(my questions are in post number 47 if you require help with this).

[Conniff]

Either you owed money or you didn't. There are too many stages to go through for a petition against anyone without a debt being granted.

 

If Lloyds said you owed them something, it would have gone through letters to you, then on to debt collectors etc etc. You must have just ignored them all as you did the solicitor.

 

You seems to have no one to blame but yourself.

 

Now what are you actually asking here ??

[stu007]

Hi these PDFs may be of use: they are from the Insolvency Service - http://www.bis.gov.uk/insolvency/personal-insolvency/bankruptcy-what-is-bankruptcy

[skyler11]

The last time the fee was mentioned by the judge it had gone up to 42000.

though alot has happend since then.

 

a fiew hearings and the eviction but in a diffrent court

 

.probably a substansial amount more.

 

I havent got debt ,

 

like i sayd and was made bancrupt by lowells .

obviously this was not looked into as there are no official documents.ie Original agreement notice of assignement,

,,,,,but since ive written to lowells asking to provide these ,

now the account is on hold according to them,

untill lloyds look in theyre archives if they have them???

to enforce this Original agreement should have been in place with the courts ,obviously wasnt .

 

The lack of comunication has confused everything .

 

this must be a tactic of theyrs.

 

Late in proceedings we found out why it had gone this far ,

it was down to an error of the clark of the courts sending all my correspondance to mazars soliciters,

them not being forwarded to me .

 

Direction of proceedings was unknown to me,

had the upperhand all the way.

 

i were unable to defend.

 

although all charges and costs were awarded to me.

 

all hearings were for theyr costs and the real issue was egnored ,

that i did not owe Llowells the sayd debt

 

.in despuite and did not have any official documents to prove.

 

The account is on hold !

[skyler11]

Lloyds have not asked me for anything as they say there is no default.

 

i have done all i have been asked to do.

 

what i feel i should have done is egnored all letters insted of agnowledgeing them.

 

If the sayd debt was owed by myself i would have been 13years of age .

 

as Llowells are claiming that date of original debt was 1990.

 

Ithink i would have been underage.against the law isnt it!

 

If i were to blame and did owe it i would be the first to admit it,or to pay it off.

 

I have not been living on credit like many or having loans i cant pay off.

 

but ime being peanalized for the many that have.

[Conniff]

So go about showing you owed nothing and it wasn't you. No one else will do anything for you. Send both lowells and Lloyds a subject access request and see everything they have on you.

If you get all this done and prove it's not you, the next road will be compensation from them.

[steampowered]

Good luck with this - however I will not post further unless you provide proper answers to the questions you have been asked.

 

It is impossible to say anything specific beyond what has been said already

because you have not answered the questions and you have not provided enough detail about your situation.

 

I think the best thing is to try and book an appointment with a nearby CAB,

take all your papers and go through them with an adviser.

[batty69]

to OP, I been following this thread, your story is very harrowing and they'll lots of people here on CAG that will be willing to help. However there does seem just to many gaps in your story, Things that just don't add up.

 

People here are unable to help unless you give them the full facts.

[caro]

Very true batty.

[skyler11]

Mazars (insolvency practitioners) had me evicted through courts.

to recover theyre apparent costs that have accumilated throughout proceedings.

 

this is what the 42k was for theyr fees not a debt.

 

Was made bankrupt for a £3065 debt,

petitioning creditor Llowells portfolio.

original creditor Lloyds tsb.

 

apparent particulars of the sayd debt

 

*start of agreement ;1990 /if this is true i would have been 13years of age, underage a tad i think!

 

*Llowells bought ;Aug 2008 ,

 

*for a sayd credit card debt/ although the sayd CCard account number claiming for has unseficient amount of numbers.

 

*inquired at local branch Lloyds ,the sayd account number is not in any way linked to me .or in any of my accounts.

and dont think that it bellongs to them neither.

 

*Llowells state that they do not have original agreement,

 

sayd debt has now been placed on hold by Llowells ?????

[caro]

Have Mazars got an order for your house to be sold?

 

Do you have enough equity in your home to cover the costs after your mortgage is paid off?

 

If your home hasn't been sold what is meant to be achieved by the eviction?

[skyler11]

Very true batty.

 

Sorry if u find it hard to understand ,

 

I have given you all the information i have,

as i have not received all correspondance on proceedings

I do also see gaps.

 

I suppose this is a tactic they pull off to assist theyr gameplay.

 

The more confusing the better.

 

involving individuals passing the buk from one to another,making things hard to follow.

 

THe average person would be ploughed under and give in.

 

I am not ,I deffinately do not owe this made up debt .and deserve the chance to fairly despute this.

 

I can assure u that my statements of events are true facts on what has happend

and what we have had to deal with.Life is cruel the system is morely wrong.

 

If i rightfully owe money i will pay.i do not or have NOT lived on" NEVER NEVER " .and dnt intend to!!

Edited May 12, 2013 by skyler11
wanting to add to

[Conniff]

In that case, have your responded to post #65 ? (repeated below)

 

That is how you will be able to show you owe nothing and even claim compensation.

 

 

So go about showing you owed nothing and it wasn't you. No one else will do anything for you. Send both lowells and Lloyds a subject access request and see everything they have on you.

If you get all this done and prove it's not you, the next road will be compensation from them.

[steampowered]

If you want help on here the best thing is to go back and try to answer each of the specific questions that you were asked one at a time. If you don't know the answer that is fine but you need to say so.

[batty69]

If you want help on here the best thing is to go back and try to answer each of the specific questions that you were asked one at a time. If you don't know the answer that is fine but you need to say so.

 

Shall we start with the most important question that is yet to be asked.

 

How did they obtain possession of your property without the knowledge of your mortgage provider ?

 

OP, it's not a case we don't believe you, but your situation is a complete mess, the only way to unravel it and tackle it is to go through it piece by piece.

 

But one thing I do get an impression is that you haven't taken the court processes seriously and have stood by and have let this company walk all over you.

 

One thing I empathise to lots of posters on here, is that once things get to court it becomes a game. Right or wrong doesn't come into, it's about who plays the game better.

 

Others may disagree, but there is no such thing as justice, the law really is an Ass.

[skyler11]

hya,going through similar myself ,cant seem to get sufficient advice .

Are your proceedings still ongoing? what was the outcome otherwise? hope youve had success with this nightmare