help with lowells bankruptcy pertition

steve77

My wife is due to go to court on wed for a bankruptcy hearing I have managed to scrape together enough to bring what they falsely say she owes below the £750.00 threshold. I have today contacted Lowells to make a payment and they have refused to take the payment my question is can they refuse my offer of part payment,

Cheers Steve

steve77

My wife is due to go to court on wed for a bankruptcy hearing I have managed to scrape together enough to bring what they falsely say she owes below the £750.00 threshold. I have today contacted Lowells to make a payment and they have refused to take the payment my question is can they refuse my offer of part payment,

Cheers Steve

eyeopener2

Have they refused this in writing?

Might be worth just going to the court, telling the judge what you have tried to do to avoid this action by Lowells, and see what the Judge says.

What does anybody else think?

DevCoder

Im in two minds, one would be to save the money in case (two) paying them by sending the money as a bank transfer (which would take longer than wednesday to reject) would show the court that you have intentions to pay and that it would fall below the £750 bankruptcy threshold.

It does depend on your other debts though.

chanz4

how is it false?

fatbelly

You can make a payment online and get email confirmation

https://www.lowell.co.uk/one-off-payment.aspx

Assuming this is a hearing in connection to a Statutory Demand, the Demand fails if you can produce evidence at the hearing that the debt is less than £750.

Lensman_2

Assuming Steve gets the payment made - what is the procedure for bringing the new balance to the attention of the court?

I am by no means an expert - but I am assuming that this will be new evidence and (under CPR anyway) would need to be advised to the court and claimants solicitors some time in advance. Or it won't be examined in the hearing?

Sorry for my ignorance here but I don't want Steve to get a nasty surprise at the hearing.

Lou67

steve77 wrote: »

My wife is due to go to court on wed for a bankruptcy hearing I have managed to scrape together enough to bring what they falsely say she owes below the £750.00 threshold. I have today contacted Lowells to make a payment and they have refused to take the payment my question is can they refuse my offer of part payment,

Cheers Steve

Hi Steve.

Sorry you have had no reply yet, but it could be that maybe people aren't sure what you're saying. I am confused; what do you mean you have scraped together £750 for what she falsely owes? Bit confused... Can you elaborate somehow?

BASFORDLAD

Lowells seem to making a habit of making people bankcrupt these days

Mouse1812

You can not be made bankrupt for a debt below £750. The OP has not stated how much the debt is. What he is saying he can reduce the debt to less than £750 and Lowells have refused to accept part payment.

Steve can you explain why you think the amount claimed is wrong.

steve77

Hi Mouse

Lowells are trying to extort £850 out of my wife for an old vodafone bill the actual amount she owes is £350 and its been in dispute since 2008. She out of the blue got papers through the post saying a date had been fixed for her hearing at the county court for wed 10th october 2012. we contacted them saying it was in dispute and that they had not served a statutory demand after much going back and forth they said they would adjurn the court date while they investigate I asked that they put that in writing or email which they said they would do. having not received anything I contacted them on friday to find that the court date was still going ahead. I contacted the court who told me I was now out of time to do anything and my wife must attend court I know realise lowells were just stalling. I have been in contact with national debt helpline they have advised that I get the debt below £750. and that way they cant make her bankrupt they said that buys time to then fight it via oft and offcom. With court fee's the current balance is about £1250. so I have got together about £600. to get it below the £750. threshold and today tried to pay it and they refused saying it had gon to litigation and the litigation dept was closed. so my question is if I phone up 8am monday morning to make a payment of £600 can they again refuse it forcing a court appearance?

Cheers Steve