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insolvency bullied me out of my home for non proven debt by llowells,

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  • insolvency bullied me out of my home for non proven debt by llowells,

    wrongfull bankruptcy,desputed debt,insolvency,now evicted biast proceedings
    wondering if anyone could advise me on what way do sort this mess out ,its a long story so many faults in proceidures , a bit hard to believe but its all true ,determind not to let these parasites infest any more!! Received stat demand + bankruptcy petition they were handed together on the doorstep. imediately took to soliciter ,we had 18 days to apply to courts.limit had expired ,received a letter from soliciter xmas eve 2010 stating that she needed more paperwork . got made bankrupt in our absence and they immedietly appointed insolvency practitioner (mazarz)


    .credit card debt (lowell portfolio)3065.00 (original creditors Lloyds tsb)
    .start of credit 1990 ,lowells 2008
    .i myself have never had a credit card wiyh lloyds
    .applied for annulment, court date oct 5 2011 (adjournd by lowells to find proof and particulers)
    .no correspondance from court or date of hearing??
    .on return hearing weightmans llp (soliciters of mazarz)no llowells?
    .at hearing 5 november2011 they presented a fabricated printout very basic on payments to the account nothing else to support this.
    .annulment dismissed (judge stated that i could apply for annother)
    .my then soliciter closed her file as she exeeded the legal aid.
    .I kept in contact with mazarz regulary ,sent them all documentation on my affairs.
    .made them an offer of full amount they declined.(this was to safeguard my home)would sort debt despute soley for no more costs to arrise
    .was intimidated and bullied by them was in great distress. not being properly adviced by anyone on proceedings .
    . vulnerable adult with 1 dependant( ill health hypertention,loss in sight due to this,ongoing ankle injury not correcting)stress.
    .applied for a couple of annulments,received no correspondance or notification from courts,queried this with no avail.
    .june2012 intimidating letter off weightmans ,notice of hearing in couple of days ,not enough time to file defence.
    .hearing ,one sided as usual ,no defence, no oppurtunity to address my opinion or facts .
    .possession/ letter in post. judge advised on getting good legal rep,,,
    .july 13th friday,letter weightmans notification of annulment hearing on 18th july
    .long awaited opp arthrioscopy ankle,been refused previously blood presure dangerously high,immediatly informed court unable to attend.
    .16th july statement of costs by weightmans nasty letter.
    .july another hearing again received last minute, 2 days b4 hearing not leaving me any time to file defence.
    .charge of sale ,to my advantage judge did apply a claus that my property could not be sold for less than £85k b4 this he advised that they could have sold for 10p if they wanted !! theaving b********!! still i would not be getting full value as a property sold next door went for £120 k .at the hearing again represented myself and tryied explaining to judge of receiving no notification of case ,or any correspondance since the rehearing of the adjournment case.
    .was still waiting on notification on date of annulment hearing i applied for.
    .i was under the impression that the dept was desputed so no further action could could be enforceable?
    .a couple of hearings went ahead without my knowledge.unknown at the time.
    received an eviction hearing applied to suspend this hearing was at diffrent court (llanelli)all along swansea county court i had been attending.
    .9 oct judge adviced for this lissting to be moved back to swansea as he didnt know enough about the case,asap
    .10 oct hearing swansea was adviced that ther was a barr on me applying for any annulments .i did not know of this!! postponed eviction for a later date.and adviced my acting soliciter that they could charge him and the firm a large summ??
    .
    .received no correspondance yet again,went to see a indipendant insolvency petitioner with all my paperwork ,informed me that i hadnt been given all relevant paper work for stst demand ..........,and how would i have been able to file my defence with nothing to go by??
    contacted the courts for my case file and managed to speak to the clark ,He appologised !!! my soliciter had contacted them that morning inquering of next court date as nothing had been received,wanted to know who he was as all paperwork throughout case was sent to weightmans ..((mazarz soliciters)) **** !! court was to be held the next day ,but sayd he would go asap to judge explain the error and hearing would deffo be adjournd.if not dissmissd.
    .Nov 1 2012 case went ahead we were at the hearing along with barrester .judge would not go back on his judgement or still not listen that i was not liable for the debt and had all proof to hand.
    .B4 this hearing £42k the insolvency had extortionately charged me even though i still did not receive this in writing.for contesting a debt of £3k that i wer not liable for.
    .received another eviction notice and applied to set aside hearing at llanelli county court.judge did not want to listen to anything and clearly sayd hed been advised on how to proceed dissmissed application eviction was to go ahead.
    evicted with 1 dayz notice ,bn at my home 15 years ,as my 9year old daughter says "all her life", friends and school close .....mortgage up to date ,they havent been informed by insolvency that theyve taken theyre property ime making payment not to default ,
    life has fallen appart ,my health is suffering adding to allready ill health but mainly through undue stress.my daughter is traumatized and disconected from friends .still homeless.
    since the eviction the Key holder has emptyd bellongins bit by bit and pocketed what hes made clothes everything of value,even building materials duff ,sand ,chippins ,pvc faceures fitings ,pvc french doors weighed in metals .........to many to list still haven received any form of notification. Damaged a childs trampoline unecisary damage was not insolvent b4 all of this ,but now ime in hardship with no way to turn ,getting more angry as time goes on not giving in .
    anybody with any knowledge to guide me i would be very gratefull x
    Tags: None

  • #2
    Re: insolvency bullied me out of my home for non proven debt by llowells,

    Bumping for help

    Comment


    • #3
      Re: insolvency bullied me out of my home for non proven debt by llowells,

      I think this mess needs a solicitor from whay ive read here the courts have for reasons unknown not listened to the OP this is the reaon a legal proffession should always be there ,i cant understand that there was only 1 days notice of eviction i thought there was a statuatory time period between notice and eviction,
      regarding the key holder removing stuff i remember from when we were kicked out there was a period of time when we could remove our stuff,the last court was llanelli we were there and luckily had a judge who listened and gave us a lot of time

      Comment


      • #4
        Re: insolvency bullied me out of my home for non proven debt by llowells,

        If an attempt was made by Lowells and their legal representatives to mislead the court and, indeed, pervert the action, this needs to be formally investigated.

        As for the judge, you may wish to contact the Judicial Appointments and Conduct Ombudsman (JACO) whose contact details are at www.justice.gov.uk.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: insolvency bullied me out of my home for non proven debt by llowells,

          Lowell have been guilty of abusing the Insolvency Process quite a lot but this sounds quite extreme, not only from Lowells (you wouldn't expect any better from them), but also on the part of the courts.
          Originally posted by skyler11 View Post
          wrongfull bankruptcy,desputed debt,insolvency,now evicted biast proceedings
          wondering if anyone could advise me on what way do sort this mess out ,its a long story so many faults in proceidures , a bit hard to believe but its all true ,determind not to let these parasites infest any more!! Received stat demand + bankruptcy petition they were handed together on the doorstep.
          Was the bankruptcy petition served TOGETHER with the SD?

          Rule 6.11 of the Insolvency Rules 1986 states the following:

          Proof of service of statutory demand
          6.11.—(1) Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit proving service of the demand.
          (2) The affidavit must have exhibited to it a copy of the demand as served.
          (3) [[FORM 6.11]] Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service.
          (4) If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit.
          Originally posted by skyler11 View Post
          imediately took to soliciter ,we had 18 days to apply to courts.limit had expired ,received a letter from soliciter xmas eve 2010 stating that she needed more paperwork . got made bankrupt in our absence and they immedietly appointed insolvency practitioner (mazarz)
          .credit card debt (lowell portfolio)3065.00 (original creditors Lloyds tsb)
          .start of credit 1990 ,lowells 2008
          .i myself have never had a credit card wiyh lloyds
          Are you saying you were made bankrupt for a debt you never had?

          Comment


          • #6
            Re: insolvency bullied me out of my home for non proven debt by llowells,

            What was the solicitor doing?

            Comment


            • #7
              Re: insolvency bullied me out of my home for non proven debt by llowells,

              more to the point what was the judge smoking!!

              Comment


              • #8
                Re: insolvency bullied me out of my home for non proven debt by llowells,

                ?????

                Comment


                • #9
                  Re: insolvency bullied me out of my home for non proven debt by llowells,

                  At wahat point do you mean? as i wasnt receiving notifications from the court was unawhere of direction of proceedings or of outcomes of hearings .unable to file defence as didnt know of them until last miniute ,at the least they need to receive this a minimum of 7dayz previous,

                  Comment


                  • #10
                    Re: insolvency bullied me out of my home for non proven debt by llowells,

                    For allowing your home to be taken by these parasites, and not listening to what you had to say when you told the judge you had proof that you are not liable for the debt ..

                    Comment


                    • #11
                      Re: insolvency bullied me out of my home for non proven debt by llowells,

                      Why does Lowells still have a Consumer Credit Licence?

                      Comment


                      • #12
                        Re: insolvency bullied me out of my home for non proven debt by llowells,

                        Originally posted by CleverClogs View Post
                        Why does Lowells still have a Consumer Credit Licence?
                        Because the Office of Faffing and Twaddle do a very good job of faffing and twaddling.

                        Maybe we should start an e-petition against Lowells, would it be possible to do that? :confused2: It seems they are a law unto themselves! :rant:

                        Comment


                        • #13
                          Re: insolvency bullied me out of my home for non proven debt by llowells,

                          hya ive received second letter from hamptons/lowells still no original agreement ,it seems they have not got one. ive sent a failure to comply with request.and notice before action letter. there has been so many wrongs in proceidures ,thats why its gone so far if i was receiving corespondance after each hearing ide have ide have known of what direction to file my defence. all along my insolvency practitioners acting soliciter wher receiving all due to me,also not forwarding them or not informing the clerk of the courts to rectify this.???surely this is wrong, there was many hearings without my knowledge, i did receive 2 but on both occasions weightmans sent to late a couple of days before hearing.<br><br>Is ther anybody that could guide me in next course of action i would be very gratefull

                          Comment

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