LOWELL CCJ

ATownson1

Like others I've had a letter from Lowell re a debt from Hoist completely out of the blue. Firstly about a credit card which changed to joint account. There is a CCJ apparently dated Sept. 2013. I've contacted the bank who can't tell me anything cos the account was closed in 2011. I never had any info from Hoist or knew of any CCJ. If it appeared on my credit file I was never aware of it, but obviously it's now exceeded the 6 year period so won't show up. I've written to CCBC asking for a copy of the CCJ but received a response saying they're dealing with a backlog and will get in touch ASAP! Lowell is still chasing for payment. I'm refusing as I haven't received proof of any debt other than what they're telling me. Can they enforce anything without my seeing evidence? I've been ringing Citizens Advice all day and still not spoken to anyone.

flipflopflo

Well it would be long past statute barred so they can go whistle. If they want to enforce the CCJ then they will have to take it back to court and explain to to a judge why they have taken so long to try and enforce it and I suspect that the judge would laugh them out of court. 

I am not sure whether a Prove it or Statute barred letter would be best, I would guess the SB letter but wait to see what one of the board experts like @sourcrates or @fatbelly has to say. 

ATownson1

Thank you. I've sent info 7 years worth of bank statements and no mention of any payments to Hoist on statements or 4 credit reference agencies, so consider it's statute barred. They agree to that but say that as CCJ was served in 2013 it's still valid, regardless of my not having known about it.

sourcrates

It won`t ever be statute barred as legal action was taken within the limitation period.

Taking legal action means you can never use the limitation act as a defence to a claim.

But as the CCJ is so old, Lowell would need permission of the court to get anywhere with this, and after 10 years your more likely to win the lotto than get that approved.

You can write and them them as much if you wish.

Sly72

sourcrates said:

It won`t ever be statute barred as legal action was taken within the limitation period.

Taking legal action means you can never use the limitation act as a defence to a claim.

But as the CCJ is so old, Lowell would need permission of the court to get anywhere with this, and after 10 years your more likely to win the lotto than get that approved.

You can write and them them as much if you wish.

So can a CCJ appear without you every been informed?

RAS

The creditor has to write to the last known address. If you moved, then you could get a CCJ by default if you did not reply to the court papers.

Although sometimes the creditor knows the debtor's new address and finds it convenient to use the last known address associated with the account.

ATownson1

@sourcrates thank you, much appreciated.

flipflopflo

sourcrates said:

It won`t ever be statute barred as legal action was taken within the limitation period.

Taking legal action means you can never use the limitation act as a defence to a claim.

But as the CCJ is so old, Lowell would need permission of the court to get anywhere with this, and after 10 years your more likely to win the lotto than get that approved.

You can write and them them as much if you wish.

Thanks for correcting me @sourcrates , I’ll do my best to remember that little nugget. Cheers for all you do on the board. 

ATownson1

@sourcrates I've responded to their last letter asking for proof. I understand that CCJs can still be enforced after 6 years, but creditors must obtain court permission for enforcement action hence your response that I have more chance of winning the lotto than that happening! That will be my next letter when they get back to me. Do you think it's worthwhile my applying to have it set aside via a N244 form? Thanks.

sourcrates

If within the 6-year limit, a CCJ is on the verge of expiration without the debt recovered, there is a provision to appeal to the court for an extension. Although, to do this the creditor will have to prove clear and plausible reasons why the debt was not recovered within the 6-year period.

The evidence must be convincing to the court to get an extension. 

In your case, the 6 years have elapsed, there is nothing to set aside, you can`t set aside something that no longer exists, the judgement was 10 years ago, no record will exist of it now, it won`t show on your credit file, or the register of judgements, any set aside application has to be made "within a reasonable timescale" that means weeks/months, not 10 years.

Unless you were living on the Moon, you would have been traceable, so the creditor has no excuse as to why this was not enforced earlier.

They won`t take this back before a judge, it would be dismissed in an instant, judgements don`t become statute barred, but after 6 years of no enforcement action, they are deemed to be unenforceable, any extension must be applied for within the 6 year initial timescale.

Essentially you only have their word a CCJ was ever obtained, it may all be a bluff to encourage you to pay up.

They can threaten all they want, unless they actually go back before a court and gain its permission to enforce, you have nothing more to talk about.

I`d put all that in writing to them and leave it at that.

ATownson1

@sourcrates OK will do thank you so much.