Lowell chasing me for a 14 year old loan

Garymac03

Hi there, Never posted on here before so I hope I am in the right place!

Lowell recently sent me a letter chasing a loan I had with Welcome Finance back in 2004, Asking me to pay it obviously and that a CCJ was put out in 2015, which it was, and at the time I wasn't aware of a loan being statute barred.

Now I am convinced between 2007 and 2014 there was over 6 years without any payments or contacts with this loan and that now realised maybe it was statute barred, I keep everything so I am aware of no payments in 2008 to them and had no correspondents with them until 2014.

Another thing that is making me very wary of this letter and the emails I have received since I applied for a CCA Is that they keep telling me when the loan was taken out by myself, and the dates they have give me is over 2 years out, which makes me think they have no clue about the details of this loan.

The advise I am asking for really is can I do anything about the ccj if the loan is Statute Barred, and if they are lying about the details of the loan, which they clearly are as I still have my original loan agreement, Is there any route I can go down to stop them from harassing me about this loan that they are lying about in there details of it??
I would really appreciate any sort of advice, cheers!

sourcrates

Hi,

Once court action has been taken, you can no longer use sec 5 limitations act, as a defence, unless you successfully obtain a set aside at court.

So you can apply for a set aside if you wish, on the basis the debt was statute barred, but you must be sure of your dates, and it will cost you £255.00 court fee.

Garymac03

Thanks for the reply, Is it down to Lowell to prove the dates or for me to prove that there was a 6 year gap?

Like I say I feel something isn't quiet right as they are well off with the dates and they said I made a payment in 2009 to welcome but I never made a single payment to them as I have the old bank statements still!

sourcrates

Lowell don’t need to prove anything now as they have a county court judgement against you, if you want to challenge this applying for a set aside is your only option.

If you are successful, then you can get them to prove the debt is not statute barred, but you must win in court first.

Just_Di

Garymac03 wrote: »

Lowell recently sent me a letter chasing a loan I had with Welcome Finance back in 2004, Asking me to pay it obviously and that a CCJ was put out in 2015, which it was, and at the time I wasn't aware of a loan being statute barred.

The advise I am asking for really is can I do anything about the ccj

Can you give a little more information about the CCJ from 2015.

Did you receive the claim form but failed to file the Acknowledge of Service so they got a Default Judgment (CCJ) so it's unlikely you'll be able to reverse that decision?

Or did you file a Defence and the claim has been stayed ever since?

Or were you unsuccessful at the Trial but now think the DJ may have made an error granting a CCJ on a Statute Barred debt ? If you didn't plead Statute Barred in your Defence it's unlikely that you'd be able to appeal the decision.

Who is/was the Judgment Creditor (i.e. the Claimant) in these proceedings? Was it Lowell Portfolio or did Lowell purchase the debt from someone else who had already obtained the CCJ? I ask this question because you say Lowell only contacted you "recently"

My apologies if I've not fully understood your situation.

Di

Garymac03

I received the ccj in 2015 and at this time I acknowledged the debt by filling in a N245 and paying £50 and agreed to pay this debt of monthly an arrangement I broke later in 2015 and then had no more contact from Lowell until earlier this week.

Since 2015 I have became aware of a debt being statute barred and have realised when the CCJ came in 2015 I should have wrote back then saying the debt was statute barred as there was no contact between me or welcome/Lowell between December 2007 to 2014.

Reason really for the post was to see if I could now apply to have this debt statute barred or pay to have the ccj set aside for these reasons although I do now feel this is unlikely! Thanks once again for the responses and any help will be appreciated!

Also I am weary like I say of the amount and the debt its self as everything in the letter is way off as luckily I still have my agreement from Welcome finance from when I took the loan out and wondered if this could be challenged at all!

Garymac03

Lowell did previously contact me in 2014 and before that at some point a company called Hamptons had it but I didn't have any contact at all with them

Garymac03

And sorry to go on again but in the agreement it also looks like I was mis sold PPI when I took the loan out but I imagine there is nothing I can do about that now!

Garymac03

Hi Just Di was hoping you might have a response to the answers I gave to your questions, cheers!

Slayerx

Garymac03 wrote: »

Lowell did previously contact me in 2014 and before that at some point a company called Hamptons had it but I didn't have any contact at all with them

Hamptons is part of Lowell from what i understand its there Legal Department but with a different name.

fatbelly

Slayerx wrote: »

Hamptons is part of Lowell from what i understand its there Legal Department but with a different name.

Yes it was just a different letterhead that Lowell used to use.

A lot of companies did this until the FCA declared it unfair a few years back