Lowell Liars

laurajanejones

Hi there So I got a letter from Lowell Solicitors about a debt from HBOS (Halifax credit card that I stopped paying back in about 2003)

Saying a CCJ had been entered against me in 2015 and I had been ordered to pay £50/week.

Now I think they are lying because this debt would have become statute barred in about 2009, 2014 latest, definitely before 2014.

So I moved into a local authority which is how I becamse visible again, and they began sending me these letters... around a year ago now. I get one every quater I think.

I don't think they're going to do anything. I think they're making this CCJ up!

Should I do anything? Ask for proof of CCJ perhaps? WHat would be best? Thanks.

sourcrates

Hi,

You can check your credit file, any active CCJ would normally be shown on there.
Alternatively you can request details from Lowell, and confirm with the court concerned.

Brummie85

Have you checked your credit file to see if any CCJ's are on there? If it's not there, then they don't have a CCJ against you and should not be telling you that they do.

Asking them to prove it is a sketchy idea. They could try and take this as you acknowledging the debt and they'd potentially be able to restart the clock for another 6 years.

I'm sure one of the more experienced members will be along with more advice. But getting in touch with them at this point isn't advisable.

Brummie85

sourcrates wrote: »

Hi,

Alternatively you can request details from Lowell, and confirm with the court concerned.

I thought this was normally not the thing to do?

StokieBecks

You need to check your credit files to see if there is a ccj listed. Just because you believe a debt was statute barred at the time of them applying for it does not mean they are lying about a ccj. They will have served notice to the last address they held on record for you which they are entitled to you. That would have been the time to state it was statute barred but it probably went to an old address and as such they could have claimed a judgement against you. In absence of any defence from you

If it does show as a ccj on your file (it probably does I don't think they would lie about it) then you need to make arrangements to pay it as they can enforce this through baliffs +it is no longer statute barred if there is a ccj)

Just_Di

laurajanejones wrote: »

I got a letter from Lowell Solicitors about a debt from HBOS (Halifax credit card that I stopped paying back in about 2003)

Saying a CCJ had been entered against me in 2015 and I had been ordered to pay £50/week.

Now I think they are lying because this debt would have become statute barred in about 2009, 2014 latest, definitely before 2014.

So I moved into a local authority which is how I becamse visible again, and they began sending me these letters... around a year ago now. I get one every quater I think.

I don't think they're going to do anything.

Have you moved since 2015 which was when Lowells say they obtained a CCJ against you?

If it was a Default Judgment (CCJ) because you didn't file an Acknowledgement of Service within 19 days of the claim Issue Date then that would be automatically registered which you can check on the Trust Online website (I can't post the link because I'm not able to do so). You would need search under your address at the time (i.e. 2015) not your current address (if you've moved).

If the claim was incorrectly served you may be able to make an Application to have the CCJ set aside under CPR 31.2 but more information is needed before I can make further suggestions.

Lowells may seek to enforce the CCJ by an Application for an Attachment of Earnings or bailiffs etc. so let's see if this CCJ actually exists before things escalate.

Di

laurajanejones

Hi guys, I've never checked my credit file before. Does that not acknowledge debts in itself?

-taff

Your credit file [ and there are three main ones, Experian, Equifax and Noddle] only set out what credit you have had and what state that credit is in, e'g defaulted, AP markers , etc]
Your credit file is for you alone to see,you will have to prove to either of these credit agencies that you have the right to look at your file.


It doesn't have anything to do with acknowledging debts, it just shows you what debts you have [ or not, depending]

laurajanejones

So no one else will know that I have accessed it?

macman

Only you and the credit reporting agency.
'making up' a CCJ is a new one on me.
what do you mean by 'moved into a local authority'? Area, housing, job?

laurajanejones

I mean I am paying council tax at a housing association home. I think that's how they found me.