Father Bankrupted by Lowell

[CleverClogs]

Re: Father Bankrupted by Lowell

The whole thing makes you wonder all this for such a small sum no doubt they found out the worth of the OPs father wont chase the likes of me with a net worth of Zero?

Yes, I would imagine so. Included in the BW Legal costs and charges they expect to be repaid from his bankruptcy is a £2.00 land registry fee, presumably checking if he had equity.

One might wonder if this might be of some help.

If the Land Registry search had preceded your father's attempts to pay, might BW Legal be said to have engineered the failure of those payments with the intention of making him bankrupt?

[Nibbler]

Re: Father Bankrupted by Lowell

He only disclosed an indication of his fees after my mother went to the Official Receiver - £6000+ for 'time, phone calls and letters', albeit that some of the phone calls were my parents pleading for an indication of his fees to determine if we could afford to annul on grounds of 'paid to the court's satisfaction' (information denied at the time).

We are all in the wrong job. :faint:

[Stormcrow23]

Re: Father Bankrupted by Lowell

One might wonder if this might be of some help.

If the Land Registry search had preceded your father's attempts to pay, might BW Legal be said to have engineered the failure of those payments with the intention of making him bankrupt?

That is certainly my Father's impression - that the £5 a month payment on his pension income wasn't enough for them and they wanted all of it quickly, and more with the spurious charges applied. It would be highly cynical if that was a deliberate strategy though, and would probably be difficult to prove intent.

[labman]

Re: Father Bankrupted by Lowell

That is certainly my Father's impression - that the £5 a month payment on his pension income wasn't enough for them and they wanted all of it quickly, and more with the spurious charges applied. It would be highly cynical if that was a deliberate strategy though, and would probably be difficult to prove intent.

In which case why not simply secure the debt through a charge on his property? It is the bullish tactics more and more are trying to get away with. Normally they can be caught at the SD stage, but obviously not in your Dad's case.

[wales01man]

Re: Father Bankrupted by Lowell

The fees charged by the Insolvency Practioner are all the time he is acting under the court must be legitimate presumeing they could be challenged until the courts tell them different they are not going to stop charging stands to reason>. The OPs father needs to get some expert legal advice and probably will need a good solicitor to fight this,as much as I like most of those on here back and support the OPS fatherthe only answers seems to be with the courts I expect all those involved in this action believe they are right as usual the law has acted in the interests of the creditor and now is time for the debtor to fight it,this may not seem the right comment to make but its how I see it theres a fight ahead

[FlamingParrot]

Re: Father Bankrupted by Lowell

Yes, that is what is confusing me. I had a long chat with my father at the weekend over what had occurred and the approximate timelines. According to him he engaged in the three failed attempts to make payment, then received notice of having been made bankrupt after the event, later finding important paperwork informing him of the bankruptcy petition shoved through a gap in the door. At this point he gives up on trying to arrange payments, having been blocked from doing so, and assuming it is all over for him.

Did he ever find the Statutory Demand that should have preceded the bankruptcy petition? :confused2:

The charges from BW Legal show application and court charges for a sub-service, though I'm unsure which item of paperwork this refers to. BW Legal set out their chain of events to me over the phone, telling me that a sub-service was normally used, but that one of their operatives had met with my dad and confirmed his receipt - in fact it seemed very important to her to emphasise contacts being made which according to my dad never occurred. I assume it would be just as easy for them to fabricate imaginary meetings and exercise of good practice for the courts?

There would have to be paperwork showing all this, the name of the process server as well as the company he/she works for would be a start. :thumb: I would ask them to put all the details in writing. :typing:

[leahaweah]

Re: Father Bankrupted by Lowell

Hello, Having recently or should I say about 5 years fighting for an annulment on a bankruptcy, although mine was HMRC I do understand some pit falls in this its to say the least a minefield mostly of total rubbish and legal mumbo jumbo, 2 things I do no from first hand, 1/ If you get an annulment ALL costs of the trustee, solicitors and the courts are paid, not by you by the company who made your father bankrupt. 2/ The trustee`s costs are to say the least extreme in my case £600.00 per hour, you cannot get an annulment without his permission so be gentle with him or her. My opinion is the only way forward for the annulment is "The case should never have been brought" all costs are then paid by the other side including yours, make sure you make a note of everything you spend or spend time on including the time you spend on this very good site, If and I really do hope that you get an annulment they will not like to pay your time, use the "Civil Procedures Act" this allows 2/3rd`s of a solicitors time to be charged not his cost but todays rate £18.00 per hour set in law, and make syre the judge awards you cost`s he must say that, find that loop hole it there somewhere and win!!!, on a moral note this is obscene and the worry well been there not good.

[Stormcrow23]

Re: Father Bankrupted by Lowell

Hello, Having recently or should I say about 5 years fighting for an annulment on a bankruptcy, although mine was HMRC I do understand some pit falls in this its to say the least a minefield mostly of total rubbish and legal mumbo jumbo, 2 things I do no from first hand, 1/ If you get an annulment ALL costs of the trustee, solicitors and the courts are paid, not by you by the company who made your father bankrupt. 2/ The trustee`s costs are to say the least extreme in my case £600.00 per hour, you cannot get an annulment without his permission so be gentle with him or her. My opinion is the only way forward for the annulment is "The case should never have been brought" all costs are then paid by the other side including yours, make sure you make a note of everything you spend or spend time on including the time you spend on this very good site, If and I really do hope that you get an annulment they will not like to pay your time, use the "Civil Procedures Act" this allows 2/3rd`s of a solicitors time to be charged not his cost but todays rate £18.00 per hour set in law, and make syre the judge awards you cost`s he must say that, find that loop hole it there somewhere and win!!!, on a moral note this is obscene and the worry well been there not good.

Thanks so much for your support, and congratulations on having succeeded in getting an annulment! It seems to have taken a long time - is this standard, or was it a particularly complicated case?

The trustees costs are what really scare me here - it does seem an obscene amount to be paid, presumably for doing relatively little if a bankruptcy is in dispute. He also appears to occupy a legally unusual position of power over the bankrupt's estate, and historically there do seem to have been numerous abuses of this... I haven't challenged the trustee directly - no point unless I have all my ducks in a row and we are launching an actual challenge on the fees etc. My parents did have to consult with the official receiver and inform him of this before he would disclose any indication of his fees though, which may not have put him in the best of moods...

Could you say a little more about being awarded costs - sounds interesting In fact, any further information you have from having been through this process would be really useful.

Thanks so much

[Celestine]

Re: Father Bankrupted by Lowell

No updates as yet, but we are FIGHTING this case very hard indeed. :fencing:

[Nibbler]

Re: Father Bankrupted by Lowell

Good. Look forward to an update.

Lowells and their process servers need some payback over the way they are operating. Sadly, given the number of cases they are railroading through I fear a victory here and there, even if financially costly for them, will be a drop in the ocean.