Help with Lowell and court claim

MatJ33 · 16 March 2017 at 3:18PM

Good afternoon.

I'm sorry, really new to this and couldn't figure out how to start a new thread. Hope it's OK I jumped on this one. I work away for weeks at a time, and have come home today to a letter from Lowell solicitors stating they have issued legal proceedings in the form of a county court claim, and as I haven't responded, they will be asking the court to enter a CCJ. I did recieve some forms a while ago from the county court business centre, but after advice from a colleague, I ignored them (yes, I'm realising now this was a bad idea).

I have never spoken to Lowell regarding this debt (it is with provident - and wasn't my debt, but an ex partners - I stupidly signed for it!!). I lived out of the country for a while, but around 2 years ago I registered myself on the electoral role at my current address - and that seemed to open the floodgates. My entire life I have refused to deal with companies such as Lowell - so I know I have never had contact with them (I actually think my ex partner passed on my details). However, I separated with my ex in 2012, and know the debt was at least 12 months old by that point. From what I recall, she paid some of the debt to provident in the beginning - but obviously stopped (I was unaware again as working away). I have checked my credit report on both Experian, and Clear Score- and this debt does not show on either.

I am confident it is now past the Statute barred date- but I am worried if I contact them to state this, and it isn't, then they will have me by the short and curlys. If a CCJ is issued, and I then send the SB letter - will this be too late? I know they have 14 days to respond, and I have 31 days from the CCJ date to clear the debt - so I'm wondering if I got a CCJ, then sent the SB letter, and proved it was over 6 years - would this allow the CCJ to be removed??

Thanks for your time.

sourcrates · 16 March 2017 at 8:14PM

Hi,

We move posts/threads, if we think they will get a better response elsewhere, I have moved your post to the debtfreewannabe forum.
Please check the forum rules.

Thanks

Marktheshark · 16 March 2017 at 8:22PM

Lowel do not issue county court proceedings, the county court does and the letter will come from the county court that is the important one.
Have you received any letters from the county court business center.

To help initially split this in half, Lowell on one side and county court on the other, sort all letters in to two piles.

Then search Statute barred letter, CCA request letter and Subject Access request letter and send all 3 to Lowell and see how they respond.

sourcrates · 17 March 2017 at 12:23PM

Check your credit file, see if the CCJ has been registered or not.

If it has, the only way then is to apply for a set aside, which will cost you £255 (fee remission is available if on a low income), on the grounds that the debt is statute barred, then let Lowell try and prove it isnt, most of the time they are unable to do so.

Chances are you will of received a judgement in default as you did not reply to the court papers.

National_Debtline · 17 March 2017 at 2:01PM

Hi MatJ33 and welcome to MSE,

I am afraid if you recall receiving claim forms and did not reply to them, Lowell are quite likely to be requesting a judgement by default. If that has happened (or is happening) then you are too late to send the statute barred letter, I am afraid.

Sourcrates is right, that the only way to dispute the debt at this point would be to apply to set aside the judgement. However, you are going to need to consider this option very carefully. If you signed for the original loan, then it is your responsibility.

You mention in your original post that you split from your ex in 2012 and the debt was at least 12months old at that point. If you mean that was when the last payment was made, then the debt may have "fallen due" in 2011, which would've started the 6 year clock under the limitations act. That means that the debt would become statute barred at some point in 2017, but if the court action was started before the 6 years was up, then the debt was not statute barred at the time court action began and you would struggle to set aside.

You are also right that if you pay the CCJ in full within 1 month it will not be recorded on your credit file. (Please be aware, I would not advise leaving it until the 11th hour if you are going to do this. Ensure the payment has been made and cleared before the 28day mark, as a precaution).

Laura
@natdebtline

Help with Lowell and court claim

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