Bankruptcy by Lowell

[numpty]

I was bankrupted by Lowell due to a £1300 debt in February 2011. I wish that I had taken advice at the time but I was in a really bad place and just assumed that the Court would expect proof of the debt, service etc. Unluckily for me, the Court didn't and I was made bankrupt. Although having a full-time job and a car, I was only required to sell my house. The house was sold for £77,950 however the figures from the Insolvency folk for paying the remainder of my mortgage, loan and their charges added up to £75,000. Ironically, this was the initial price my house was valued at until I had the property decorated and re-carpeted. The first question is would I be able to claim the surplus back? I appreciate that I probably can't, but you don't get if you don't ask. I'm a bit bitter that I have essentially had to pay out over £30,000 in equity from my property for a £1300 debt!!

The second part is Lowell themselves. They received their money from the Insolvency people and was itemised in their paperwork to me. I checked my credit file due to applying for a job, I wanted to make sure things were in order and noted that Lowell had not marked it as satisfied and that there was £415 outstanding. Stupidly, I telephoned them and was told by an operator that it shouldn't be on the file and that it would be removed! I checked my credit file a couple of weeks later and found that it had not been removed, and had actually increased to £1200!! I wrote a letter to them making a complaint, requesting they investigate and also making a request under data protection for all the info they held about me. They didnt respond. 18 days later I sent another letter, by recorded delivery, again requesting my info under the data protection act, but again i have heard nothing, not even an acknowledgement. Is it worth suing them if they fail to provide this information within the statutory time-frame? I'm aware that I could report them to the Information Commissioner but he can't award compensation and I'd rather put them through some of the hell they have me. I have researched a little and found caselaw relating to damaging creditworthiness etc, and this seems a more attractive option.

Any help/info/guidance would be greatly appreciated. I am happy to supply further info, if requested, and I am also happy to notify of my experiences should I pursue this type of action

[numpty]

Re: Bankruptcy by Lowell

forgot to add, despite receiving no further communication from them, they still saw fit to undertake an unrecorded enquiry of the credit file, is it worth serving a stop notice on them too?

[FlamingParrot]

Re: Bankruptcy by Lowell

Hi Numpty and welcome!

I'm truly shocked to read those [insert every insult and swearword you know here] Lowlifes should have made you bankrupt for just £1300!!!! :scared: :scared: :scared: :scared: :mad2: :mad2: :mad2:


Having re-composed myself after that, I see you are concerned about your credit file. I don't mean to sound blunt, but surely bankruptcy is likely to be more significant than a default on your file when it comes to credit-worthiness... :confused2: unless I'm missing something, of course... :ohwell:

[PlanB]

Re: Bankruptcy by Lowell

Hello Numpty

One quick question first. Was the Lowells £1,300 debt your only creditor in the bankruptcy? And are you saying there was some doubt over the debt's existence or Lowells' right to enforce it at the time such as it being possibly statute barred?

[numpty]

Re: Bankruptcy by Lowell

Hi FlamingParrot, and thank you for your welcome, and no, you're absolutely right in that a bankruptcy is more significant than a mere default. Their solicitor was quite sympathetic at the time and said that she didn't think it was fair however she had to act in the best interests of her client. My question is more to do with the fact that the default should be marked as satisfied and that there should be no outstanding amount, rather than them having upped it! The work that I do involves certain checks to be made of me, and apart from the bankruptcy, everything is marked on my file as satisfactory. This particular default could have implications for me as it appears that I still owe money when I don't.

And PlanB, thank you for your welcome. Apart from my mortgage (paid up to date) and a loan (paid up to date) there was only one other creditor. On the advice of the Insolvency people I was told to stop payments (even though I could easily still pay). This advice annoys me now as the account was naturally defaulted, though shown as satisfied. If I knew then what I know now, I would've wanted to have continued paying and this default would not have occurred! At no time did I acknowledge the debt to Lowell, and i received no information from them. I (wrongly) assumed that the Court would be provided with evidence of the debt which I could then see but this didn't happen. Having checked the dates on my credit file it would appear that the debt would not have been statute barred (it shows as defaulted in 2008)

I appreciate that there is probably nothing I can do about the bankruptcy, I accept that, however I still want copies of all my information that Lowell hold and they are not providing it. It seems suspicious to me that they wouldn't want to comply with data protection legislation if they had such a strong case and I would certainly think it money well spent suing them under section 13, DPA!