help with lowells bankruptcy pertition

steve77

they have put a block on the accout I tried that mate

steve77

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?

steve77

fatbelly wrote: »

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.

I have tried that mate they have put a block on the account

Lensman_2

Yes, they can refuse it. But they will look bad in court if they do.

Keep a diary of events - each time you tried to make a payment and to who, and try again on Monday morning.

Ring the solicitors on Monday morning too to tell them that you have been offering payment. Ask them if they can accept payment.

If all else fails, write your diary up on Monday afternoon and email/fax a copy of it to both the court and the solicitors.

Like I said - I am no expert but I hope that you can serve evidence of your attempts to pay by Tue morning and have it acceptable for assessment at court on Wednesday.

I think the rules for a CCJ requires 48 hours notice so if you find that the judge refuses to admit your evidence on Wednesday then ask for an adjournement so you can get it in. The rules for a SD/Bankruptcy are different and I know nothing about those so my advice is just what I know about a CCJ.

I do know that the rules for bankruptcy are a bit easier so hopefully you will be OK with serving on 24 hours notice.

I am sorry to be offering ropey second hand advice here Steve but no expert has shown up to offer otherwise - so all I can do is my best.

steve77

Lensman wrote: »

Yes, they can refuse it. But they will look bad in court if they do.

Keep a diary of events - each time you tried to make a payment and to who, and try again on Monday morning.

Ring the solicitors on Monday morning too to tell them that you have been offering payment. Ask them if they can accept payment.

If all else fails, write your diary up on Monday afternoon and email/fax a copy of it to both the court and the solicitors.

Like I said - I am no expert but I hope that you can serve evidence of your attempts to pay by Tue morning and have it acceptable for assessment at court on Wednesday.

I think the rules for a CCJ requires 48 hours notice so if you find that the judge refuses to admit your evidence on Wednesday then ask for an adjournement so you can get it in. The rules for a SD/Bankruptcy are different and I know nothing about those so my advice is just what I know about a CCJ.

I do know that the rules for bankruptcy are a bit easier so hopefully you will be OK with serving on 24 hours notice.

I am sorry to be offering ropey second hand advice here Steve but no expert has shown up to offer otherwise - so all I can do is my best.

I appreciate it mate,

fermi

Post here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

And PM 42man to see if he can help. He has been through the whole bankruptcy thing thanks to an intransigent DCA.

Lensman_2

fermi wrote: »

Post here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

And PM 42man to see if he can help. He has been through the whole bankruptcy thing thanks to an intransigent DCA.

Steve.

Let me know when you have posted on the link Fermi supplied. If you can, give me a link to the thread.

If you haven't registered then do so with the same forum name if you can.

You won't be able to do a PM there if you haven't got 30 posts but I can do that for you. 42man is an expert - hopefully we can get this sorted.

steve77

fermi wrote: »

Post here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

And PM 42man to see if he can help. He has been through the whole bankruptcy thing thanks to an intransigent DCA.

thank you I have done that now;)

steve77

Lensman wrote: »

Steve.

Let me know when you have posted on the link Fermi supplied. If you can, give me a link to the thread.

If you haven't registered then do so with the same forum name if you can.

You won't be able to do a PM there if you haven't got 30 posts but I can do that for you. 42man is an expert - hopefully we can get this sorted.

cheers mate I have registered as steve221970 I have sent him a message but now Im worried it wont have got through so if you can help me that would be great;)

Mouse1812

Are you sure it is for a bankruptcy hearing? Have any judgements been obtained prior to this? I note you say no statutory demand has been recieved.

You say the bill has been in dispute (since 2008) do you have documentary evidence (letters) to support this? What is the dispute about, what are you disputing?

If you admit £350 then you should pay £350, or were you originally disputing that as well?

At this late stage your wife will need to have her story (case) prepared for Wednesday. But don't worry too much the Judge will be very unimpressed if they have moved straight to bankruptcy proceedings on a disputed (unproved) debt.