Tweet
Dear All
I am new here and was previously on CAG but found this site great & have paid to VIP.
I have a Bankruptcy Petition presented against me by Lowell and really need some help & guidance, I have read a huge amount on the internet recently and realise a lot of it is out of date (at best!) but this forum seems to be spot on – great work people!
For my situation time is not on my side and I have scanned, redacted & uploaded everything done so far which I hope is all relatively self explanatory but I summarise:
25/07/11: Lowells letter & SARs Request – My letter to Lowells having received notification by Land Registry of a bankruptcy petition for hearing 06/09 for which I had no prior knowledge + SARs request.
01/08/11: No response so being concerned went to the High Court (now the London County Court) and got a copy of what had been filed – Petition based on a SD with Substituted Service.
02/08/11: Filed Section 77/78 requests on Lowell’s following creditors list on SD. (& accessed my credit file with Equifax to find they are all recorded there by them!).
08/08/11: Filed two Applications with the court, BCG01 to stay the proceedings & BCG02 to extend time to reply to the SD. The bundles are together with Order/letter from the court. Application to stay got me an adjournment until 04/10/11, request to extend reply to SD declined and returned.
12/08/11: Lowell’s wrote to me and I hence filed 3rd Witness Statement with the court but judge had already reviewed the 2 Applications of the 08/08 but I didn’t know the outcome. (So BCG03 has been filed but not reviewed when the adjournment and disclosure was ordered).
22/08/11: Nothing from anyone so called each alleged creditor who all had no record so filed Section 77/78 requests on each except T-Mobile which was a letter.
All letters sent recorded delivery!
Barclays Bank replied requesting more information, Capital One sent holding letter (Lowell Statement dated 16/08 received for Capital One with a zero balance), nothing so far from Ikano and T-Mobile advised £48 from 2005.
Please could you review the attached and advise me what more information I can productively provide. I am on Income Support due to limited capacity for work and do some part time self employed work, grinding poverty at this time with health issues, do own my flat but mortgaged to the hilt with stayed possession orders, dilapidated and likely to be in nominal or possibly even negative equity.
I have an ongoing legal negligence case of some substance and a family dispute over some assets otherwise apart from the fact that this petition seems to be based on wholly fabricated creditors I wouldn’t be so concerned. I do have some historic creditors which are coming up to be time barred (and with offshore DCAs) but I do not believe any of theses with Lowell are valid and most certainly not in the sums stated!
I do voluntary work in the NHS and am an elected public governor for a large NHS foundation trust and this with the possibility of the legal negligence case with my previous company mean I want/need to avoid bankruptcy at all costs and further find the actions of Lowell to be underhanded and completely outrageous!
If any members could flag up this post to the right people I would really appreciate it, my main worry at this time is some papers are produced, probably Ikano and being over £750 the bankruptcy order is then granted. I seriously doubt anything with Barclays is valid at all, Capital One Lowell’s own statement shows at zero balance and Ikano could be an old Ikea card in which case I thought it was at about £300.
Can Lowell achieve an order if they say substantiate just this creditor when the rest are unfounded?
My thought was to apply to have the Petition dismissed but the order gives the petitioner 3 days to file before the hearing on the 4th October - your help/guidance/suggestions very much appreciated!!
Many thanks
Barry
I am new here and was previously on CAG but found this site great & have paid to VIP.
I have a Bankruptcy Petition presented against me by Lowell and really need some help & guidance, I have read a huge amount on the internet recently and realise a lot of it is out of date (at best!) but this forum seems to be spot on – great work people!
For my situation time is not on my side and I have scanned, redacted & uploaded everything done so far which I hope is all relatively self explanatory but I summarise:
25/07/11: Lowells letter & SARs Request – My letter to Lowells having received notification by Land Registry of a bankruptcy petition for hearing 06/09 for which I had no prior knowledge + SARs request.
01/08/11: No response so being concerned went to the High Court (now the London County Court) and got a copy of what had been filed – Petition based on a SD with Substituted Service.
02/08/11: Filed Section 77/78 requests on Lowell’s following creditors list on SD. (& accessed my credit file with Equifax to find they are all recorded there by them!).
08/08/11: Filed two Applications with the court, BCG01 to stay the proceedings & BCG02 to extend time to reply to the SD. The bundles are together with Order/letter from the court. Application to stay got me an adjournment until 04/10/11, request to extend reply to SD declined and returned.
12/08/11: Lowell’s wrote to me and I hence filed 3rd Witness Statement with the court but judge had already reviewed the 2 Applications of the 08/08 but I didn’t know the outcome. (So BCG03 has been filed but not reviewed when the adjournment and disclosure was ordered).
22/08/11: Nothing from anyone so called each alleged creditor who all had no record so filed Section 77/78 requests on each except T-Mobile which was a letter.
All letters sent recorded delivery!
Barclays Bank replied requesting more information, Capital One sent holding letter (Lowell Statement dated 16/08 received for Capital One with a zero balance), nothing so far from Ikano and T-Mobile advised £48 from 2005.
Please could you review the attached and advise me what more information I can productively provide. I am on Income Support due to limited capacity for work and do some part time self employed work, grinding poverty at this time with health issues, do own my flat but mortgaged to the hilt with stayed possession orders, dilapidated and likely to be in nominal or possibly even negative equity.
I have an ongoing legal negligence case of some substance and a family dispute over some assets otherwise apart from the fact that this petition seems to be based on wholly fabricated creditors I wouldn’t be so concerned. I do have some historic creditors which are coming up to be time barred (and with offshore DCAs) but I do not believe any of theses with Lowell are valid and most certainly not in the sums stated!
I do voluntary work in the NHS and am an elected public governor for a large NHS foundation trust and this with the possibility of the legal negligence case with my previous company mean I want/need to avoid bankruptcy at all costs and further find the actions of Lowell to be underhanded and completely outrageous!
If any members could flag up this post to the right people I would really appreciate it, my main worry at this time is some papers are produced, probably Ikano and being over £750 the bankruptcy order is then granted. I seriously doubt anything with Barclays is valid at all, Capital One Lowell’s own statement shows at zero balance and Ikano could be an old Ikea card in which case I thought it was at about £300.
Can Lowell achieve an order if they say substantiate just this creditor when the rest are unfounded?
My thought was to apply to have the Petition dismissed but the order gives the petitioner 3 days to file before the hearing on the 4th October - your help/guidance/suggestions very much appreciated!!
Many thanks
Barry
Comment