Advice on old CCJ

Hi
Thanks for reading
I have an old CCJ from approx 2016 (I can't remember the exact date). It was for a Barclaycard £1,500. I was made redundant shortly before this but daren't pay it off, as I was only just managing my mortgage, due to the fact that my ex had stopped paying his contribution in 2013. (This was his only financial contribution and was supposed to help keep a roof over his children's heads)
I entered into an agreement to pay a monthly amount which I managed until mid 2017 when I struggled due to being unemployed. I tried to reset the payments up but I was told by an advisor of whoever had the debt, that they couldn't take money off me, if I didn't have an income. The debt was then defaulted in 2018
I remained unemployed till 2019 then worked part time for the charity sector so wasn't well paid. From then until now the debt has passed through a few different companies who seemed only prepared to accept a reduced payment in full. This was not an option at the time as I couldn't raise that much cash. 
The 6 years will be up on the default early next year. I realise that CCJ's stay active forever but my issue is this. 
Lowell's have now taken on the debt. They are demanding the whole £1,500 with what appears to be an additional £200 or so from fees added at some point. I cannot afford this and am due to retire soon. Since most of my jobs haven't come with any pension added, I will be relying on the state pension plus a small amount from recent earnings. 
Lowell's sent a solicitors letter last week but this has already been to court for the original CCJ so I'm not sure what they can do? Could someone advise please
Many thanks in advance

«1

Comments

  • sourcrates
    sourcrates Posts: 31,194 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 June 2023 at 11:30AM
    What does the letter from Lowell's solicitor actually say ?

    Do they mention the judgment at all in this letter ?

    You say this judgment was granted in 2016, if that were the case it would have dropped off your file in 2022, and no trace of it would now be showing, the default date is irrelevant once legal action has been taken.

    As the debt has been sold on many times over the years, it`s quite likely Lowell have not delved too deeply into the debts history, so may be unaware there was a CCJ attached to it, hence their legal fees, and possible threat of legal action.

    Can you just confirm the above.


    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Harri4500
    Harri4500 Posts: 7 Forumite
    First Post
    Thank you for responding
    The letter from Lowell's solicitor was just a demand for payment. It just said was was owed and to remind me not to ignore the letter. It wasn't on headed notepaper, it was more like a printed form if that makes sense. 
  • Harri4500
    Harri4500 Posts: 7 Forumite
    First Post
    Sorry, just to add, I thought that the date the default was added would start the 6 years again. That's what seems to have happened. 
    Many thanks 
  • sourcrates
    sourcrates Posts: 31,194 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 June 2023 at 3:54PM
    Harri4500 said:
    Sorry, just to add, I thought that the date the default was added would start the 6 years again. That's what seems to have happened. 
    Many thanks 
    The limitation act no longer applies once legal action has been taken, so the default date now has no meaning whatsoever in this matter.

    From what you say it looks like Lowell might be unaware of the CCJ.

    Can you confirm it no longer shows on your credit file, because its quite important.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Harri4500
    Harri4500 Posts: 7 Forumite
    First Post
    Harri4500 said:
    Sorry, just to add, I thought that the date the default was added would start the 6 years again. That's what seems to have happened. 
    Many thanks 
    The limitation act no longer applies once legal action has been taken, so the default date now has no meaning whatsoever in this matter.

    From what you say it looks like Lowell might be unaware of the CCJ.

    Can you confirm it no longer shows on your credit file, because its quite important.
    It seems to be on Equifax but not on the others. 
  • sourcrates
    sourcrates Posts: 31,194 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 June 2023 at 4:06PM
    Harri4500 said:
    Harri4500 said:
    Sorry, just to add, I thought that the date the default was added would start the 6 years again. That's what seems to have happened. 
    Many thanks 
    The limitation act no longer applies once legal action has been taken, so the default date now has no meaning whatsoever in this matter.

    From what you say it looks like Lowell might be unaware of the CCJ.

    Can you confirm it no longer shows on your credit file, because its quite important.
    It seems to be on Equifax but not on the others. 
    What date does the judgment show as been granted on ?

    After 6 years it should automatically be removed.

    The more information you can provide the easier it is to advise.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Harri4500
    Harri4500 Posts: 7 Forumite
    First Post
    It's just showing as a Lowell debt. Sorry to not have more info
    You can see when the default was added with the little monthly boxes changing colour. 

    I've had issues with Lowell before for an EE account for £35 from 2013. This was never owed and disputed from day one as the account was closed with a zero balance. but EE claimed for 4 months of money as they had forgotten to close it. They thought if they reduced the bill by £50 I'd some how pay money I never owed. That debt with Lowell has only just dropped off my file after many years of disputing it. 
  • sourcrates
    sourcrates Posts: 31,194 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 June 2023 at 4:59PM
    So Lowell have bought it, and stuck a default on your credit file, from all of that I would deduce they don`t know the CCJ was granted, as its fallen off your files.

    Is that correct ?

    As CCJ`s show in the public information section of your file, separate from your accounts, can you confirm that nothing regarding the CCJ is showing ?

    What action do you want to take now, pay it/can`t pay it/ignore it/something else ????
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Harri4500
    Harri4500 Posts: 7 Forumite
    First Post
    Thank you Sourcrates.
    Yep no other info on CCJ. I think the original default was put on by Hoist not Lowell. They have just taken the debt on in the last month.
    I can't afford to pay it in full. I could pay small monthly installments but I don't know how affordable that will be when I retire in a few months. Am I right in thinking that although it shouldn't be in my file there is no end to a CCJ so Lowell's can pursue me till the end of time?
    My credit score isn't an issue now as I don't need loans or credit cards. Well, barring any disaster's that is. 
    I suppose my question would be "what are the possible outcomes if I do nothing"? 
  • sourcrates
    sourcrates Posts: 31,194 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 6 June 2023 at 7:28PM
    Lowell don`t know about the original CCJ, if they wanted to further enforce it, first you would have to tell them about it, they would then have to go back to court and get permission, usually 6 years is deemed to be sufficient by the courts.

    My position, if I were you, would be to tell Lowell about the original CCJ, and that its over 6 years old, so basically an unenforceable judgement, you don`t have the means to pay it anyway, and so you consider the matter closed.

    See what response you get to that, if you don`t do anything, they may get another judgement against you, as the first one now has no records showing anywhere, so that is a possibility, even though it should not happen.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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