Defaults removed after 6 years - Lowell still chasing money...

el_bandito_2

Hi,

Back in early 2008 I defaulted on a few accounts after getting into a bit of a mess. These defaults were removed from my credit file in early 2014 (unsettled).

Throughout this time debt collectors have continued to chase me, and i assumed maybe mistakenly, that when the default period of 6 yrs was over and the defaults were removed from my credit file that that would be the end of it.

These accounts are with Lowell at the moment and they are now sending me 'Pre-Legal Assessment' letters threatening Court Action.

1. So my first question is can they still keep chasing me for the money even though I have served my default periods?

2. Could they get a CCJ against me now which would sit on my credit file for another 6 years?

Also, how can I prove that I have had defaults in the past? Obviously I dont have the original default notices anymore, and there is no trace of them on my credit file anymore?

Thanks in advance.

fermi

1. Yes. Could be statute barred by this time though, which is a separate issue to defaults on credit files.

See: https://forums.moneysavingexpert.com/discussion/2606811

2. If not statute barred, then yes they could.

Meatloaf1981

1. What does the debt relate to? At any point in the last 6 years have you acknowledged the debt or made any sort of payment towards it? If not, then it could be statute barred. If you have acknowledged it or made a token payment several years back, then yes they could pursue you for the outstanding debt.

2. Yes, they could get a CCJ against you if they have the requisite proof, such as it is to convince a judge that you owe them money. Do they have your correct address? If they don't then a CCJ could be awarded against you anyway because they have tried to contact you at your "last known" address.

Running away from debts solves nothing. You acknowledge here in black and white that you owe the money, therefore your best bet is to send them a "prove it" letter in the first instance and follow this up if they don't answer to your satisfaction.

el_bandito_2

Meatloaf1981 wrote: »

therefore your best bet is to send them a "prove it" letter in the first instance and follow this up if they don't answer to your satisfaction.

Thanks for the helpful answers.

Could you point me to a good source/template for a "prove it" letter please?

redux

Disappearance from the credit file report doesn't itself constitute an end of the debt.

The debt may well still be due, though noting fermi's comment on whether it may be statute barred.

sourcrates

You are confusing defaults with enforceability, each are separate issues.
Just because a debt no longer shows on your file, does not mean it has disappeared, or is not recoverable, is is.
The only exceptions are if the account becomes statute barred (6 years without payment or written acknowledgement) or has no valid agreement (CCA).

A default registered on your file, only means you have not kept to the agreed repayments, it has nothing to do with enforcability of the debt whatsoever.

They can take you to court at any time, you would have to defend on the basis of the status of the account as you see it.