Old hoist debt with Lowell.

Staceylou85

Hi all! 

need some advise. 

Lived in our new house for 2 years and our previous for 17 years. Anyway out the blue got a letter for a debt previously with hoist but now Lowell. This is going back pre 2000 and my dad was PG. 

Anyway the have said the following:

last payment March 2009
ccj claim number #######

Issued may 2009

i wondering if claim issued but no ccj. 

letter states balance is owing. 

my understanding is the debt it stat barred. The court has no record of the ccj. 

therefore, can they still enforce the CCJ or would they have to apply to the court to extend the ccj. Also, when applying for mortgages in 2004, no CCJ showed on my credit report. 

I’ve also spoken with the court, they have no record and nothing showing on reg trust. 

any help is appreciated

fatbelly

What they appear to be saying is that they started a claim 14 years ago and so it's not statute barred.

That is possibly correct. It is also possible that they got the judgement on this but were just explaining why they believe it isn't statute barred.

Either way, they would have to explain to the courts why there has been a 14 year gap before they ask for summary judgement, or to enforce that judgement. 

Best of luck to them. It's unlikely any records remain. You can ignore them until/unless you get anything from a court

Staceylou85

Would you send a prove it m
letter? Ask for the claim form, agreement default notice etc because they’ve already said due to the age we can’t provide a statement? I know they wouldn’t be able to provide the claim but it’s very weird that when living at our old address we got nothing and since Lowell have taken over hoist, it’s come out the woodwork  

fatbelly

If you've told them you believe it's statute barred I'd leave it at that. You say it is, they say it isn't. They don't seem to have evidence either way.

If you haven't responded yet then just denying liability with a prove-it is OK. I wouldn't get into lengthy correspondence with them.

Staceylou85

Thank you 😊

Staceylou85

I will add that when we got the first letter, I called and denied all liability and said it was stat barred so that’s why they’ve sent the info. In the letter it says they’ll place it on hold for 30 days for us to make contact. But I’m thinking just leave it there? 

fatbelly

That makes sense.

The ball  is in their court, so to speak. If they think they can dig up this ancient thing, they can try.

I doubt they would waste money trying but it is possible. Post again should a court write to you about it.