Help Please, Im Bankrupt and didnt Know!!

ampersand

Hello confused,
pm for you.

PARIS_5000

confused? wrote: »

Hi there,
i prepared the folloowing obviously filled in
is this ok

Lowell Portfolio 1 Ltd
PO box 172

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

That fine to send make sure it all done by recorded deilvery.

shaven-monkey

And once you have successfully contested the BR, go after them for ALL the costs you have incurred as a result of their behavior + harm to your reputation, emotional distress... cruelty to your pets. Everything.
Every last penny.

ampersand

confused? wrote: »

Hi there,
i prepared the folloowing obviously filled in
is this ok

Lowell Portfolio 1 Ltd
PO box 172

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware, sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

[STRIKE]As[/STRIKE] You have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.
COLOR=red]not a sentence as it stood[/COLOR

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequent[STRIKE]ial[/STRIKE]ly[not a word and I'd omit 'Consequently' anyway. Let your counter-threat stand alone]

Any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

###########

Good man, confused? - you're doing well.
Sorry earlier one was rushed and I didn't spot these. Was en route to 06.45h gym and came out to a beautiful morning, hereby shared with you.:) Have to dash again shortly, but I'll check this evening.

confused?

shaven-monkey wrote: »

And once you have successfully contested the BR, go after them for ALL the costs you have incurred as a result of their behavior + harm to your reputation, emotional distress... cruelty to your pets. Everything.
Every last penny.

Oh mate i will be , :-) im unshaven i stink, im phisically and mentally drained.. im currently a shadow of my former self.

ive just had a letter from the OR saying i have to attande another interview to clarify something i said in my interview, (under purgery act oath).

god knows what its for however i explaioned my boss wont let me have more time off, they just said well you need to or required legally to>>>

i explained that they know im trying to fight it and the recent events/ letters etc...

they just said well we have to so dont argue basicaly.

i did also explain that i will take legal action once the dust settles against anyone who had contributed to causing me distress.


Thanks all for your help and support up to now x

confused?

ampersand wrote: »

###########

Good man, confused? - you're doing well.
Sorry earlier one was rushed and I didn't spot these. Was en route to 06.45h gym and came out to a beautiful morning, hereby shared with you.:) Have to dash again shortly, but I'll check this evening.

thanks Ampersand you really are a super duper person x

neas

confused? wrote: »

Why would you say I'm wrong? I admit I took on commitments that meant I struggled with my bills as a young lad? I didn't hide from any creditors they left it so long and apparently sold it to others who also left it so long, then decided to take unlawful action. I didn't find out about it until it was too late.

Even up to the day I had the letter from the OR I didn't even know what it was for.

The fact still remains, it is in fact or should be unenforceable
Regardless.

it was forgotten about and left for over 6 years from both parties

Just a note also. It may be something to learn from however this forum is for bankrupts who are indeed in need of advice, the majority if not all, have also made mistakes, or are as you put it, 'wrong', so yes I agree my experience could teach lessons, however I don't believe that many 18 year olds would be interested in reading this forum,or indeed refusing the huge ammounts of credit they have thrust upon them.

Remember the Internet was a tool for scientists when i was younger, and did not provide the wealth of knowledge we have been empowered with today.

I also used to smoke!

Just meant the perils of borrowing money... that even if you can afford it at the time situations change... and even if it can be statue barred (and be like free money) that the hassle and the emotional stress it causes (having random people turn up at your home!) is a 'payment' for it.

Thats all

confused?

neas wrote: »

Just meant the perils of borrowing money... that even if you can afford it at the time situations change... and even if it can be statue barred (and be like free money) that the hassle and the emotional stress it causes (having random people turn up at your home!) is a 'payment' for it.

Thats all

sorry i wasnt having a dig,

its hard to put replies down on here in the right emotional context.

i was just highliting my defence i.e. being missled by creditors, as well as my own failings.

i hope we can start a fresh i have enough negativity at the min from other sources.
x

confused?

Specific Details Temporarily Removed for security By Confused?

PARIS_5000

confused? wrote: »

Oh mate i will be , :-) im unshaven i stink, im phisically and mentally drained.. im currently a shadow of my former self.

ive just had a letter from the OR saying i have to attande another interview to clarify something i said in my interview, (under purgery act oath).

god knows what its for however i explaioned my boss wont let me have more time off, they just said well you need to or required legally to>>>

i explained that they know im trying to fight it and the recent events/ letters etc...


they just said well we have to so dont argue basicaly.

i did also explain that i will take legal action once the dust settles against anyone who had contributed to causing me distress.


Thanks all for your help and support up to now x

I really feel for you because if you had been aware of the CCA process before they made you bankrupt then you may not be bankrupt now.

DCAS are scum that buy debts for as little as a pound without any legal paperwork and set out to destroy people lifes.

Stay stong and keep fighting because I think that it is highly unlikely that Lowell have any legal proof of the debt and that they only made you bankrupt because you are a homeowner.