lowell

janz60

Morning,
I have a debt with Lowell £873 for an old Barclay card , i had paid off £100, then i lost my job..!! I received a court date for the 16th nov 2011 , sayiny they were going to make me Bankrupt. I called them to explain im out of work , and would they accept a payment plan of £5 per month till i got back in work? They said they will call me back with an answer...so i waited , never heard back from them , but did receive a Bankruptcy order last friday!!!!!!
I called them to discuss their action, as i feel its unfair as they never contacted me with an answer to the payment plan ect , so to make this go away , i offered to pay in full the £873 [ borrowed from a friend] , to be told i have to pay the other accounts they have on me ?? i didnt know they had ?! so now have to pay these and the court cost too..total £2440
Can they really do this ? can i lose my home for a £873 credit card debt that was NEVER sucured against my house ??? HELP !:(

debtinfo

Did you not attend the court. hearing or put the offer in writing

andrew2011

Are you sure it is bankruptcy and not a County Court Judgement?

They could probably in theory make you bankrupt, but it seems unlikely they would do it for £873, or even the whole £2440, as it costs them a decent chunk of money to apply for BR.

If you are made BR your home is at risk even if the original debt wasn't secured on it, but again it seems unlikely that you would lose it for such a small debt.

But GET PROPER ADVICE ASAP, not from a forum but from a debt charity (Payplan, CCCS, Citizens Advice, see stickies on this board). There will be a way forward.

debtinfo

Andrew, lowell are well known for making people bankrupt for small sums like this

andrew2011

Thanks debtinfo, I didn't know that.

You learn something new and eye-opening on here every day!

debtinfo

Your right that most companies would not but unfortunatly this is lowells speciality

andrew2011

Some of my debts ended up with Lowell (much higher amounts than janz)

For months I was hoping they or someone would make me bankrupt as I was struggling to afford the fees, but no-one did.

Perhaps they go for BR if they think you have assets?

janz60

Its a County Court action.. i was not told to put the offer in writing.
I have lodged a complaint with the FOS , who now have sent a letter to Lowell, they have 8 weeks to reply. Insolvency have told me i have to clear all debts including my morgtage , Lowell told me just the small debts to themselves ,it does not include my mortgage??? Been intouch with CAB , they will contact me in the next 2 weeks !! I have a appointment with Insolvency on 13th dec

andrew2011

A County Court Judgement is not the same as Bankruptcy. It will only include specific debts, not all your debts.

CCJ is a court order telling you to pay a certain amount towards the debt, depending on how much you can afford according to your income / outgoings (when I got CCJs I used Payplan to help with my forms etc and they were excellent).

Are you up to date on your mortgage payments?

fermi

andrew2011 wrote: »

A County Court Judgement is not the same as Bankruptcy.

But bankruptcy is (can be) a "county court action", which is what the OP seems to be describing.

janz60: Can you clarify what you have recieved?

A letter from Lowell threatening bankruptcy?

or

A statutory demand?

or

A bankruptcy petition served on you with (maybe) a hearing date for you to attend?

or

Notice from the court that a bankruptcy order has been made.

When you say you "I have a appointment with Insolvency on 13th dec", who is that?

The court? Or the Official Receiver?

fermi

If it turns out, as it perhaps sounds, that an actual bankruptcy order has been made, then pop HERE and ask for help.

Contact 42man, who has had this done to him by Lowells, and can help get it overturned if at all possible.

See thread like:

Bankruptcy Order !!! *** WON, TWICE ***

Bankrupt and didnt know it for £783.34