LOWELL CCJ

sourcrates

@DisabledDan,

We are well aware of the games played by Lowell on this forum, its a common recurring theme.

The FCA won`t entertain individual complaints, but if enough are received about a particular company or practice, then they may take action over it.

All Lowell can really do is continue collection activity, they can`t escalate the matter, they have no where to go with it.

Best advice is to write and tell them you are aware that a CCJ becomes unenforceable after 6 years, and they can no longer use the courts to enforce this debt, and because of this you won`t be paying them.

It`s not ideal, but eventually they will back off.

Staceylou85

Where can I find the ccj letter about it’s being after 6 years etc. they sent me another letter saying if no contact they’ll pass it to another debt collection etc 

sourcrates

There isn`t one that I know of, just quote the limitation act in your next letter.

Section 24, Limitation act 1980 -

Sec 24Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

ATownson1

I've complained to the FCA because Lowell are chasing for something that literally doesn't exist. I copied Lowell into my complaint. Their response was to suspend my account for yet another 30 days due to the distressing situation!  They keep writing to me, but I no longer reply.

sourcrates

FCA do not deal with individual complaints, that is the job of the FOS.

Staceylou85

Well surprise surprise another letter this time we’re going to pass your details to another debt collectors etc if you do t make contact. So I’ve sent a letter advising the above and provide a whole list of documents and confirm why no one make contact for 23 years! I’ve also advised that if they continue with this I’ll make a claim against them and also report to fca and FOS so we’ll see what the next letter brings

sourcrates

I suspect it will be rinse and repeat again, but you can just ignore it all, as there is nothing they can actually do, except annoy you with silly letters.

hoverFrog1

As you've pointed out, a CCJ is removed from the Register and your credit file after six years, even if you have not paid it. During those six years, the creditor and court can still take action against you. Given that the claim they're making is that the CCJ is dated September 2013, it won't even be on the register and there's no reason to pay any attention to that whatsoever.

If you want to make a nuisance of yourself for Lowell you could fill in the court form N244 to set aside a CCJ, detailing that it is the first that you have heard of the debt. It will cost you £275 to submit the form to the court but you could ask Lowell for their assistance with the details. i.e. the name of the court, the court date, etc. This would all be pointless except to show Lowell that you're going to fight it and it probably isn't worth their time trying to get money from you. Don't actually spend any money on this, it's pointless.

Honestly, just ignore them.

Staceylou85

Well I’ve asked them for details of the claim, the particulars and the judgment order and all documents in relation to the debt which I know they can’t supply. Like I say 23 years they haven’t got a clue.

ATownson1

I've written to FCA to complain. All I got back was a generic letter ... if you're struggling with debt etc. However they did give me Lowells complete address instead of a PO Box and the precise info paragraphs that I need to write to Lowells about. I don't think they fully read my letter stating that there is literally nothing for Lowells to be writing to me about. Lowells are still chasing me since May 2023. Basically threatening me with letters, text messages, debt collectors and anything else they can think of. If someone in the street threatened me in this way I could get the police onto them, so why should this be any different?