LOWELL CCJ

Staceylou85

@ATownson1 it is total laughable well fine for sticking by your guns 😁

ATownson1

I've had an email back from CCBC today and the CCJ number Lowell gave me isn't recognised! @sourcrates thank you for your advice, much appreciated.

fatbelly

fatbelly said:

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

There you go!

Staceylou85

@ATownson1 that’s what they said to me! X

ATownson1

@sourcrates So I've told Lowell all of the above, but they keep on writing. Am I best just ignoring them now or responding?

fatbelly

What's the point in engaging? They have an unenforceable debt that you won't be making payments to and you've told them.

sourcrates

The mail you get is all computer generated, and they will keep churning out collection letters on a regular basis, so it`s not hurting Lowell to ignore you, they will keep doing this as they want you to pay them, it`s all part of the tactics involved in the collection process, honestly, you should read what they send to you, but otherwise just ignore them and carry on as per normal, eventually they will turn tired, until then, let them keep filling your recycle bin.

Staceylou85

Got another letter from Lowell about how account was on hold and now it’s not and to make contact. No treat of enforcement etc so leaving it. Spoke with court where alleged CCJ entered and no record so unenforceable….

Everest24

ATownson1 said:

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.

Hi I wondering if you could help me as I too have had Lowell say I've got 2 random ccjs I wasn't aware of. No record on my credit file. I sent them the debt line statue barred letter and they closed two accounts. These were all from hoist, transferred to Lowell. Then they said two others could not be statue barred as apparently I'm guessing hoist made a claim to the court but I wasn't aware of this and there's no record of any ccjs or any letters sent to me. Would you be able to let me know how you managed to get them to stop hassling you. Is there a proove it letter or something I can send as I don't know how to go to the next step. All these debts are way passed the 6 year mark. Ive never made any form of contact or made any payments. 

Thank you for all your help.

DisabledDan

@sourcrates

Since Lowell bought the plethora of Hoist companies they have been chasing debts they know are Statute Barred and chasing CCJ's that are past the 6 years and were never extended within the 6 year period.  They use language to fool people into thinking they have to be paid.

On Debt Camel people have proposed people write to the FInancial Conduct Authority once they have determined that the debt could no longer be enforced under CONC rules.

I wonder if it is worth a Sticky just for Lowells, 

1. Send a Prove it letter
2. Send a Statute Barred letter
3. Send a CCJ expired and was not extended letter
4. Send a complaint to the FCA on the basis of poor conduct and a breach of the new Consumer Duty.

I believe that this egregious behaviour will not stop until Lowell are punished by the the FCA and that will only happen if enough people complain about them chasing debts that are not enforceable and using language to deliberately mislead debtors.

I have had letters from Lowell myself, both for CCJ and expired debt.

Maybe a simple rule the FCA could create is that they can only chase debt that is shown to be owing on at least two of the Credit Reference Databases.  Something to campaign for.