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LOWELL CCJ

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  • Hi, any further update on this as I gave a similar case well exactly the same. 
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi, any further update on this as I gave a similar case well exactly the same. 
    There won`t be any quick solution to this, Lowell will continue collection activity, they can`t use the courts to enforce this, the OP doesn't think they should pay, so the situation is stalemate, and it`s likely to stay that way until Lowell get tired and move on.
    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
  • 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.
    @Staceylou85 I'm waiting to hear back from Lowells following a "prove it" letter that I sent. When I do I'll be sending them one quoting this 👍.
  • In response to my "prove it" letter we've gone back to you haven't contacted us! My response refer to the 4 responses that you've sent to my previous letters dated blah, blah, blah. So, now sent them the one about "after 6 years CCJ deemed unenforceable unless you take it back to court ...". Let's see what their next letter brings.
  • @ATownson1 keep me posted because this is exactly the same with me. Except they sent a letter saying ccj may 2000, last payment 2009 therefore balance due and get in contact in 30 days. I’ve not responded because the debt so far is unforceable 
  • ATownson1
    ATownson1 Posts: 26 Forumite
    Eighth Anniversary 10 Posts Name Dropper Photogenic
    edited 25 September 2023 at 5:33PM
    ATownson1 said:
    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.
    @Staceylou85 I'm waiting to hear back from Lowells following a "prove it" letter that I sent. When I do I'll be sending them one quoting this 👍.
    @sourcrates I've put the above in writing to them and they've written back to say they'll put my account on hold for 30 days, until I've heared back from CCBC. Do they act stupid intentionally? Also CCJ wasn't issued to an address that I've ever lived at. They're now telling me that it's issued to my ex-partner's parents address, or are they just phishing for info?
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    They will play dumb just so that you will be forced to write again as you will become frustrated with the lack of response.

    It`s common for paperwork to be sent to a last known address, but not one you have never lived at.
    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
  • What’s the point writing to ccbc? They don’t keep records of some claims if no action for 3 years etc so how they going to have the info from longer than that. I spoke to my local who they alleged issued the ccj and theye had no record whatsoever. I’m shocked the fca aren’t looking into this?
  • fatbelly
    fatbelly Posts: 22,941 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    What’s the point writing to ccbc? They don’t keep records of some claims if no action for 3 years etc so how they going to have the info from longer than that. I spoke to my local who they alleged issued the ccj and theye had no record whatsoever. I’m shocked the fca aren’t looking into this?
    If the issuing court has no record of the claim then the 'claimant' has nothing to enforce and what you've probably got is a statute barred debt, which you can tell them you won't be paying
  • fatbelly said:
    What’s the point writing to ccbc? They don’t keep records of some claims if no action for 3 years etc so how they going to have the info from longer than that. I spoke to my local who they alleged issued the ccj and theye had no record whatsoever. I’m shocked the fca aren’t looking into this?
    If the issuing court has no record of the claim then the 'claimant' has nothing to enforce and what you've probably got is a statute barred debt, which you can tell them you won't be paying
    @staceylou there isn't any point. I just wanted to know what they were referring to. I'm cutting contact with them now cos they're irritating me! 
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