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CCJ/Old Debt
StevenB12
Posts: 296 Forumite
Hey everyone,
Asking on behalf of my partner. She had a debt to O2 in 2013 for around £200, at the time she got a CCJ because of this, nothing was paid back. Fast forward to today she has recieved a call from Lowell asking her for the £200.
Would this not have been wrote off after 10 years? Unfortunately she gave them her bank details via phone and they intend to take out two payments over the next two months.
Thanks for any advice.
Asking on behalf of my partner. She had a debt to O2 in 2013 for around £200, at the time she got a CCJ because of this, nothing was paid back. Fast forward to today she has recieved a call from Lowell asking her for the £200.
Would this not have been wrote off after 10 years? Unfortunately she gave them her bank details via phone and they intend to take out two payments over the next two months.
Thanks for any advice.
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Comments
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Cancel card payment,or get refund from bank, not enforceable. Strange that she would pay via a phone call I would have asked for evidance in writting. Hope she does not do this with all calls she gets like this asking for payments could end up being scammed in the future.
I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.1 -
Did she give them her account details for a direct debit or her debit card number? Debt collectors should only ever be paid by bank transfer so you stay in full control. You should never pay anything on the back of a phone call, not least because it could be anyone phoning you up.1
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To enforce the CCJ greater than 6 years after it was issued the applicant would need to apply for permission from the courts.
So the simple answer is it depends on the date of the CCJ. If greater than 6 years I would look to prevent payment which if by dd would be by cancelling the DD or if by card ask the bank what they suggest.
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CCJ`s are enforceable for 6 years, a creditor must go back to court before the 6 years expire to extend that period, they didn`t, its now unenforceable.
Never give payment details to a debt collector over the phone, was it card details or bank details, can you freeze the card ? ask the bank to stop the payment.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-letter2 -
Unfortunately she gave them her account/sort code, so I'm assuming they will be attempting to take a payment next month0
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StevenB12 said:Unfortunately she gave them her account/sort code, so I'm assuming they will be attempting to take a payment next month
In that case she should be able to cancel the direct debit as soon as it shows up in her banking app. I'd inform the bank as well.
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That will be a direct debt then, as above, when it appears in online banking, cancel it.
If it did come out, she can ask the bank to reverse the payment.
Make sure the DD is cancelled.
Once done, send Lowell a letter, stay off the phone in future, tell them the CCJ expired years ago, and the debt is unenforceable, and you won`t be paying it, then leave it at that.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-letter1 -
Be careful, if the bank is NatWest then the direct debit won't show up until it's first been taken.Lowell seem to have been quite cheeky with old debts recently.1
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