Lowell are still chasing my wife

downliner

Ok so today i had a visit from a Bailiff with a letter from the HM Courts & Tribunals Service.

The letter demands a sum of money in the next 24 hours or threatens seizure of goods but here's the thing and something i doubt many of us mere mortals are clear on.

The debt has my Wifes maiden name and is dated back from 2008/9 (O2 Mobile) however a check on the TrustOnline website for the date a CCJ was actually issued 2014 (don't try to go through the number for the courts because they never answer)

Now with it being 2017 would this not mean the debt is statute barred seeing as my wife did not acknowledge nor pay the debt? So why are Lowell persisting?

I have 24 hours to come up with something otherwise the Bailiff will return to take goods.

I have been told to apply for a motion to set aside on the basis of limitations however whilst the bailiff agrees that Lowell is possibly one of the slimiest and unethical debt collectors he also says he is not aware of any Lowell case to be granted a set-aside.

The question is what do i do?

If anyone can help i would appreciate it and if you can help in the next 24 hours that would be great

sourcrates

Hi,

County court judgements do not become statute barred.

Once legal action has been taken the ability to use the Limitations act as a defense is removed.

So you have no defense based on the Limitations act unfortunately.

downliner

I am aware that CCJs do not become Statute Barred but isn't there a period of 6 years from the debt when a collection agency can apply for one?

2008 - 2014 would be 6 years. (may even be 2007 not sure on that)

Ok the Warrant for collection is a nominal fee of about £179.25 so would you suggest I pay this to give some breathing space to my wife?

sourcrates

downliner wrote: »

I am aware that CCJs do not become Statue Barred but isn't there a period of 6 years from the debt when a collection agency can apply for one?

2008 - 2014 would be 6 years.

Ok the Warrant for collection is a nominal fee of about £179.25 so would you suggest I pay this to make some breathing space for my wife?

If you are certain it was 2008, and that there was a period of 6 years without payment prior to legal action been taken, then yes, you can apply for a set aside on that basis.

Don't take the bayliffs advice on anything !!!

There is a court fee of £255,00 to be paid though.

How much was the original debt for ?

downliner

£821 according to the record on TrustOnline

National_Debtline

Hi downliner


Before you do anything else, and in case any applications you make do not get processed ahead of this threatened return visit by the bailiff, please bear in mind the following:


- This bailiff cannot force entry to remove goods unless they have been in previously and made a list (known as a Controlled Goods Agreement) and said list has been signed.


- If your wife has a vehicle and this has not already been listed as above, it would be wise for her to park it out of sight for now.


If the original CCJ does end up getting set aside and subsequently successfully defended, then any bailiff fees will become void. Just make sure that whatever you do is not driven by a misplaced fear of bailiffs beating your door down.


We have more information on setting aside CCJs at https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx


Dennis
@natdebtline

sourcrates

downliner wrote: »

£821 according to the record on TrustOnline

If you search the courts and tribunals website you can find both the correct form to apply for set aside, (N 244) and also a fee remission form (if you are on a low wage).

fatbelly

sourcrates wrote: »

If you search the courts and tribunals website you can find both the correct form to apply for set aside, (N 244) and also a fee remission form (if you are on a low wage).

The latter is an EX160

It does sound possible that Lowell started the claim before the expiry of 6 years.

If you can establish the date of claim (not judgement) and the date she last made a payment, you can see if you have a case for setaside.

The bailiff should not be too aggressive if he is the County court bailiff. There's no mention of High Court is there? That is an option for Lowell as this is over £600 and not Consumer Credit Act. That warrant fee sounds odd and I'm wondering if it is High Court. Don't pay it BTW.

Actually the bailiff fee just sounds wrong whatever the 'bailiff' is. I definitely wouldn't be paying it