Made bankrupt by Lowells

fevlo

I just wanted too add something here, Im surprised Vanquis said they dont sell accounts as my Vanquis account was sold to Lowell. It was deffinatly sold as the account name and Default changed to Lowell on my credit file.

I do find it nasty that Lowell can do this without you knowing anything about it and having a chance to defend.
I really do wish you good luck in getting the BR annulled

saschia

bump.....for my previous post :j

saschia

Hi
Fevlo - Not sure why vanquis would have said this to me then that they do not sell debts - I actually have the conversation recorded on my phone with them saying this??? Lowell are on my credit file as the creditor.

Brock and Roll - I am trying to claim annulment under 'ought not have been made' and additionally I am claiming that I am solvent in respect that I could have come to an arrangement with them, which is regarded by the OFT that all avenues to collect are to be taken prior to taking such drastic action as BR

saschia

Hi everyone - just an update on my previous posts with me vs Lowell

I have since sent the forms off to the courts to ask for it to be annuled on the grounds the order ought not to have been made - no date set yet.

However, BW Legal / Lowell have said 3x to me on a telephone conversation that I recorded that they will send out the Notice of Assignments for the original debts - still have not had these.

They have also said that they will assess the case when it comes through from the courts for annulment and maybe come up with another solution and agree to the annulment as this would be better than fighting and toing and froing in court??? But they are unable to do this until it is official from the courts first.

Why would they do this if they are so damn sure that they had followed procedures in the first place.

Any opinions or thoughts would be greatly appreciated right now

debt_doctor

When did you apply on an N244 to set aside the bankruptcy order?

DD

saschia

Hi DD

I applied for the bankruptcy to be annuled 3 days after the OR contacted me and that being the first time I knew about it.
I have phoned the courts for a date but it is up with listings at the moment awaiting a date allocation.

saschia

Also, they originally sent back the application for annulment because I had not used the correct form - they sent me form 71A.

debt_doctor

You have applied for annulment of the bankruptcy where my suggestion was to set aside the bankruptcy order, which are completely different things. (maybe the court wouldn't accept the set aside application?)
With a set aside,if done 'in good time' - which means almost immediately you became aware, then it is usually the quickest and cheapest way to get it back to the court before costs start to occur.
Costs have now begun to occur, The IS fees and others will need to be satisfied by someone. The IS will attend the hearing (to protect their position) but the hearing is essentially a dispute between you and the creditor.
It really is a case of the earlier the better for you.

DD

saschia

I was just wondering if anyone can give me advice on what they think.......

I now have my bankruptcy annulment date with the courts - 19th September - however I received a letter today from the Insolvency
Service with a copy letter to the courts saying.....

The Official Receiver does not intend any disrespect to the court but does not propose to attend the hearing so as to save costs.
The Official Receiver would however request that a provision be made for the payment of his costs in any annulment order, if one were to be made. The Official Receivers costs to date are £161.

Would I be jumping the gun in assuming that this could be a good sign that the annulment may be granted?

Any help or advice much appreciated as usual.

TBagpuss

slightly off topic but you've mentioned twice that you've recorded telephone calls - did you say at the start of the call that you were recording it? It is illegal to record calls without informing those concerned that you are doing so (that's why there is always that 'calls may be recorded' bit when you call a call centre)