Made bankrupt by Lowells

debt_doctor

If you can afford a solicitor then you should get one but make sure that they specialize in Insolvency matters.

The request you are making of the court is a fairly straight forward one - you are saying that Lowells have not made the attempts to contact you that they have reported to the court.
If I was genuinly trying to contact someone by post on an important matter I would send 1st class recorded - maybe you should ask Lowells if they did that and could they show you the signature they obtained?
If one of their methods to contact you was not recorded delivery then I would seriously question that they tried hard enough.

DD

saschia

Hi again
Thanks for the reply x

I have just now spoken to BW Legal the solicitors for Lowell and explained that I am going to apply for the Bankruptcy to be annuled.

He stated that the process server would have come out to my address to hand me the paperwork but I may have been out shopping and therefore he couldnt. On this basis they went to the courts and stated that a sub-service be used which they posted through my letterbox.

He states that the courts were satisfied or they would not have allowed an adjournment for this to happen. Therefore I have no grounds that the process was not correctly taken.

I asked him if he can give me the dates and times that the process server tried to hand deliver me the petition but he said he is not prepared to give me the details as it is down to me to prove I did not get it, not the other way round.

He said that what I am suggesting is that the process server never initially tried to hand deliver the letter and that is not something he is prepared to help with. The annulment will not be agreed by the courts as procedure was followed.

I recorded the whole conversation.

debt_doctor

Well he would say that wouldn't he!

It's for the court to decide - not him - or you.

The only way the court can decide is if you file an N245.

DD.

fermi

Lowells/BW legal seem to have made a habit of not following procedures properly, ending up with people being made BR without notice.

See: https://forums.moneysavingexpert.com/discussion/3824951

There have also been quite a few cases where demands, petitions etc have "allegedly" been served or sent to previous addresses, meaning that people find they have hearings or even final bankruptcy orders made against them without prior warning.

Examples:

- Help please - I'm bankrupt and didn't know it.
- Been made bankrupt !!
- URGENT HELP PLEASE - Bankruptcy petition advised by Land Registry
- Lowell portfolio and bankruptcy petition
- Help Required - Lowell

saschia

I have just spoken to Lowell and asked for the Legal Assignment document or copy of showing that they are the legal owners and have all rights and benefits of the said debt...
the insolvency department of Lowell said....

The original was sent out to me, they do not have any copies and are unable to obtain any.

I would have received it. I asked if it was sent registered post or anything and she said no.

She said she will send me out a letter quoting that they are the legal owners.

Does this fact mean I can also add to the bankruptcy annulment on grounds of not following process correctly AND that they have failed to produce the Deed of Assignment proof.

I recorded this phone call also.

saschia

another update lol .....

I just got off of the phone to the OR - first contact - he was a little peed off I think that I am applying for annulment - he stated that Notice of Assignment means nothing and is in no way a reason to annul a bankruptcy order.
The reason for this is that the debt is owed, it doesn't matter to who, it is owed and I could not pay it, whether it be the original Creditor or Lowell.

Hope this is not the case as I have sent off the annulment application to the courts.

saschia

Also - After I had spoken to Lowell about the Notice of Assignment copy etc etc, about 30mins later I missed a call from them???

When I phoned back no one could tell me who phoned or why?

Polmop

How have you get on today op

saschia

Hi friends

Just wanted to update and pick some brains on what you thought...... in my previous posts I stated about wanting to annul my bankruptcy due to the order not being processed properly etc etc......

well I phoned the original creditors, Vanquis, they said that they have passed the debt to Lowell but not sold as they do not do this and that they would not enforce a bankruptcy on me for the debt and Lowell should not have done either, however, all payments must go through the debt collector - is this good or bad news?

I phoned the other creditor, Very.co.uk and they did not want to talk to me as they said they did sell the debt and it is nothing more to do with them. So in this instance the bankruptcy could be classed as valid in so much as Lowell own this debt, but not the other one.

As the bankruptcy is for both joint debts does it make the bankruptcy invalid as one should not have been processed in the first place.

When I spoke to Lowell asking for the credit agreements they have for my accounts and the notice of assignments etc they said that they have one but have a issue at the moment with the other, but no doubt this will be in place by tomorrow and they will get this sent out to me by first class post.....me thinks may the Vanquis one does not have the deed of assignment or notice of assignment logged because there isn't one.

In regards to the process server who claimed that he came out to my property 3 times I have found out from BW Legal, on the dates and times that he claims to have come out I was working from home and have emails being sent from the business email address - could this constitute fair evidence on my part that I would have been home (as at the time my work was only homebased) and no knock at the door?

I have today sent off the form applying for the annulment and am pooping myself that maybe there will be insufficient evidence on my part.

Brock_and_Roll

OP - are you not going off on a tangent here? As has been previously advised you would appear to have a good chance of getting the BR annulled if you can show that you are not insolvent i.e. you are able to to pay your debts AS THEY FALL DUE (i.e. now!)

The much more important issue is that if you are successful in getting the annullment, you need to prove you are not insolvent by paying off the debt in full. Do you have the necessary cash/liquid assets to do this?