Help Please, Im Bankrupt and didnt Know!!

confused?

Much appreciated, however it only addresses transfere back after discharge.

Sorry to post so many q's but I'm trying to do it Descrete while at work, and using my mobile so browsing is difficult.

Thanks


Ps does anyone have any oppinions on the letter I recieved from lowel also. It was written a couple of posts ago. Thanks

Doucam

wow confused - what a nightmare for you.

Re the Lowells letter it looks like a standard letter sent by someone who has got your letter on their desk and just sent it out without checking their files.

It just proves how incompetent they are imo. If it were me I would call the person who has supposedly signed the letter (probably a false name though) and ask them about it and point out that as they had made me BR then surely they already have that info?

It will be interesting to see what they come up with.

fermi

Doucam wrote: »

Re the Lowells letter it looks like a standard letter sent by someone who has got your letter on their desk and just sent it out without checking their files.

Agreed. It's their standard response to a CCA request.

Obviously sent out without checking what has happened with the account.

It does show how incompetent they are.

fermi

confused? wrote: »

Also is it not weird that if they have gone into proceedings and made me bankrupt that they don’t have the credit agreement already?

Very weird for Lowell to make you bankrupt. It's virtually unheard of for debt collecting companies. They may threaten it a lot, but normally don't as they know they will waste £1,000s if they try in most cases.

It's very very usual for them to chase debts without having the agreement though.

Their business model is to buy up debts for a few pennies in the £ on their face value, and then chase them for all they can get. If they get payment in only a small fraction, then considering what they've paid, they make a huge profit.

But they can only buy up debts that cheaply in the beginning if they are either:

a) A bit dodgy. For example, the original lender knows that they don't have a proper agreement. The debt is statute barred. etc..... The lender is then keen to sell these on for whatever they can get.
b) The debts are bought in bulk job lots, so for them to insist that all were supplied with the agreement would be too expensive. Better to buy them cheaper and make a bigger profit one ones where people just pay up. In other words, looking for the fastest easiest 'buck'.

confused?

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fermi

IF the debt was actually statute barred when they issued incorrect proceedings, then I would have thought that was enough. But perhaps the more grounds you have the better?

BUT, I haven't helped directly get one of these overturned, so I wouldn't trust my opinion.

That is the reason I gave the links in the 2 quotes below.

There are people on those forums who have successfully got similar cases quashed, so I really would recommend at least asking there. You may get some expert help, or you may be unlucky and not have the right people respond. Always pot luck with these things.

fermi wrote: »

If you still think that the procedures/rules were not followed when making the bankruptcy order, or that there is something challengable about the debt, then it might be a good idea to register and post here:

http://www.legalbeagles.info/forums/

fermi wrote: »

This thread may also be helpful to you.

http://www.consumeractiongroup.co.uk/forum/showthread.php?104409

The guy there was in a similar position. Suddenly made bankrupt without proper notice .

It's a long thread, but he fought it and got the BR removed.

confused?

fermi wrote: »

IF the debt was actually statute barred when they issued incorrect proceedings, then I would have thought that was enough. But perhaps the more grounds you have the better?

BUT, I haven't helped directly get one of these overturned, so I wouldn't trust my opinion.

That is the reason I gave the links in the 2 quotes below.

There are people on those forums who have successfully got similar cases quashed, so I really would recommend at least asking there. You may get some expert help, or you may be unlucky and not have the right people respond. Always pot luck with these things.

Thanks fermi, and sorry if I go over old ground. There's just lots to take in.

confused?

Doucam wrote: »

wow confused - what a nightmare for you.

Re the Lowells letter it looks like a standard letter sent by someone who has got your letter on their desk and just sent it out without checking their files.

It just proves how incompetent they are imo. If it were me I would call the person who has supposedly signed the letter (probably a false name though) and ask them about it and point out that as they had made me BR then surely they already have that info?

It will be interesting to see what they come up with.

Probably more lies lol.

fermi

confused? wrote: »

Thanks fermi, and sorry if I go over old ground. There's just lots to take in.

No problem.

Most people, quite rightly, can never be expected to have to deal with such a situation. So it's going to be a steep learning curve and difficult for anyone.

confused?

JCS1 wrote: »

Not sure, but have found this thread which may help (and there's a link within the link with more details)

https://forums.moneysavingexpert.com/discussion/2667395

Hi there, this only deals with getting it back after discharge. Does anyone know how to do the initial transfere to the missus without a solicitor? Many Thanks