help with lowells bankruptcy pertition

Lensman_2

Did you post a new thread? If not, post a thread up by copying and pasting from here - but try to keep the facts basic.

See you there.

Lensman_2

OK - got it. I will flag it up for 42man.
http://www.consumeractiongroup.co.uk/forum/showthread.php?368037-lowells-bankruptcy-pertition%2817-Viewing%29-nbsp

steve77

Lensman wrote: »

OK - got it. I will flag it up for 42man.
http://www.consumeractiongroup.co.uk/forum/showthread.php?368037-lowells-bankruptcy-pertition%2817-Viewing%29-nbsp

Thanx mate

steve77

Mouse1812 wrote: »

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.

Stupidly all contact with lowells was by phone and they are now denying conversations and I wont have time to get transcripts of those before wednesday. They say they hand delivered a statutory demand but they didnt I suppose thats our word against theirs;( The paperwork we have is headed (Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately) The amount she owes is just less than £350 the rest is an early termination fee that vodafone had waived because we were experiencing financial difficulties and court costs. I just want to stop my wife being made bankrupt so that we can then fight it via the oft/fsa and ofcom and my thinking is if I pay £600 it will stop the action taking place as the debt would be below £750.00. My wife is very nervous and would fall apart in court and I have spoken to the court and they have said I will not be allowed in to support her or speak on her behalf so if I can save her being put through that I will be happyish for now. I swear if lowells was one person I would be up for murder for what they are putting her through:mad:

steve77

the papers are headed "Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately"

It then goes on to quote name address etc

and says as follows "[the debtors centre of main interest is in england and wales. The debtor is resident in england and wales. I am presenting this petition to this county court because (g) rule 6.9A applies [and within 6 months immediately preceding its presentation (g) the debtor has not carried on business in england and wales but has resided in england and wales and for the longest of the period during which the debtor was resident in england and wales within that 6 month period, the debtor resided in the district of this county court]]

3 The debtor is truly indebted to us in the aggregate sum of £846.75

4 The above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it

5 on 15th june 2012 a statutory demand was served upon the debtor by substituted service in respect of the above mentioned debt. to the best of my knowledge and belief the demand has neither been complied with nor set aside in accordance with the rules and no application to set it aside is outstanding.

6 we do not nor does any person on our behalf hold any security on the debtors estate or any part thereof for the payment of the above mentioned sum.

it then goes on to list the date and time of hearing.

steve77

the papers are headed "Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately"

It then goes on to quote name address etc

and says as follows "[the debtors centre of main interest is in england and wales. The debtor is resident in england and wales. I am presenting this petition to this county court because (g) rule 6.9A applies [and within 6 months immediately preceding its presentation (g) the debtor has not carried on business in england and wales but has resided in england and wales and for the longest of the period during which the debtor was resident in england and wales within that 6 month period, the debtor resided in the district of this county court]]

3 The debtor is truly indebted to us in the aggregate sum of £846.75

4 The above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it

5 on 15th june 2012 a statutory demand was served upon the debtor by substituted service in respect of the above mentioned debt. to the best of my knowledge and belief the demand has neither been complied with nor set aside in accordance with the rules and no application to set it aside is outstanding.

6 we do not nor does any person on our behalf hold any security on the debtors estate or any part thereof for the payment of the above mentioned sum.

it then goes on to list the date and time of hearing.

Mouse1812

OK, got to go now (collect DD from work), but defence will be point 5, SD never received

I'll come back tomorrow evening and will be around Monday afternoon

Sharpey0408

fatbelly wrote: »

You can make a payment online and get email confirmation

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.

Believe above is correct, sounds like they are playing a game with you, Judge may well not be happy to hear of their conduct.

chanz4

concerning though, companys are starting to take action for debt owed.

steve77

we have given it some more thought if they accept £550. tomorrow its not a problem as it will then be below the £750, threshold for bankruptcy.

If they dont if I have read the petition right we can fight on a few fronts firstly they should never of gone down this road as the amount is in dispute and they have never complied with our request for a copy of the letter of assignment for the debt or sent any other proof that we owed them. Second we could never set aside the statutory demand as we were never aware of it and the first we knew of the hearing was when we received the paperwork. Thirdly when we got the paperwork we contacted them to say if they billed us for the true amount owed we would pay without further delay, they led us to believe the hearing would be adjurned while they investigated and would confirm in writing we waited for that confirmation and when this didnt come through we phoned them on friday this is when we found out the hearing was still going ahead meaning it was to late to raise a defence. I believe they stalled things knowing what they were doing as they now need to go for bankruptcy to guarantee their costs. I'm hoping if the hearing does go ahead the judge allows my wife to put forward her side of the story and throws it out as they have at best acted shabbily at worst criminally. Also in the paperwork it says they have taken the action as they believe my wife is unable to pay this is clearly not true as we tried paying yesterday and will be trying again tomorrow.

what do you think guys are we on a winner here;(