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default debt

I have a default debt that is registered on my credit file 15/12/06 by Lowell Portfolio and Advantis Credit are now ring my home phone number as they have taken over the debt but I have never answered recorded message to speak to them, just put the phone down when I heard the 'Urgent call from Advantis' rubbish.
the debt relates to £917 to Shop Direct (which is now £1544 by Lowell) but I have not made any payments and have not admitted the debt.
However I now have an account with Shop Direct which started in January 2011 and I pay them regularly and are not in debt.
Can Lowell/Advantis take that the payments are for the old account and enforce a CCJ even though the debt is statute barred.?
Can anyone please give me advice on this
Many thanks

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 July 2012 at 4:15PM
    I have deleted my post because I missed the bit about the CCJ.

    Tixy always offers excellent advice so I bow to her/his greater knowledge.

    Regards
    Annie
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Assuming you are not in Scotland -when a debt is statute barred it only prevents them from taking legaly action to recover the debt, they could recover it by other means if they were able to.

    With a bank this would allow them to offset funds from one account to another. The same might be the case for a catalogue account.

    If the debt has been sold to lowell/advantis then they would be unable to recover money from a new shop direct account, if the debt is still owned by shop direct with lowells acting on behalf then there is a risk they may be able to.

    Are you certain its statute barred? Is it 6years since you last paid anything towards the debt (or if you never paid is it 6year since your last order from them?)

    You mention enforcing a CCJ - if there is already a CCJ for this debt then it is not and will not become statute barred. If there is no CCJ and its statute barred then there is no CCJ to enforce.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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