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Bankruptcy Petition

Please can someone advise

I received a Bankruptcy Enquiry letter from Land Registry referring to court proceedings, giving my previous address. I moved about 6 months ago. I phoned the court and they said the petition is by someone called Lowell Portfolio with a hearing date in 2 weeks time. I haven't received anything from the court.

What on earth do I do?

Comments

  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    hi there
    for starters, do you know what debt is with Lowell and how much you owe them? are you in a position to pay off that debt?
    i would contact one of the free debt charities for advice
    www.nationaldebtline.co.uk
    www.cccs.co.uk
    www.citizensadvice.org.uk

    lots of helpful information here:
    https://forums.moneysavingexpert.com/discussion/1056083
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi, Lowell are one of the companies that will see the bankruptcy through, You need to contact them and find out what the debt is for, and either pay it or defend yourself at the hearing. Usually Lowell buy up debts from credit card companies and then press for bankruptcy on people who own thei own home
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • alf2009
    alf2009 Posts: 12 Forumite
    Thanks for the advice.

    I could pay them by instalment, but not in one lump sum, its a credit card bill. Is it too late to make them an offer of instalment?
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    You wont know until you ask, they dont have to accept but they might
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 11 December 2010 at 8:00AM
    If they have issued a bankruptcy petition then the debt is perhaps more likely to be enforceable and due?

    However, Lowells also tend to go after a lot of statute barred and otherwise unenforceable debts and tend to be very very slack on the proper CPR/IR procedures.

    So, I have to ask.........

    When is the debt from? i.e. card taken out, defaulted on, last paid etc?

    Was there a period of 6 years (5 in Scotland) during which you did not acknowledge the debt in writing or make a payment?

    Have you got hold of the petition/court papers? If not served on you directly, then there should be an affidavit/SOT regarding substituted service of a statutory demand?

    Anything else potentially disputed about the debt or the amount claimed?

    If anything in their legal case may be unsound, then I would suggest posting for advice here: http://www.legalbeagles.info/forums/
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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