LOWELL SAY MY DEBT IS NOT STATUTE BARRED BUT I'VE NEVER RECEIVED A CCJ

Comments

  • RAS
    RAS Posts: 32,475
    Name Dropper First Anniversary First Post
    Forumite
    This is regular issue here recently. It appears that Lowell have acquired a lot of very old debts for which CCJ were issued over 6 years ago and are trying to frighten the debtors into paying up. What Lowell are saying is technically correct but incomplete.

    It is correct that if a CCJ was granted within the 6 year limit, the Statute of Limitations does not apply, ever.

    It is also the case that in order to enforce the CCJ the creditor has to take legal action within 6 years of the CCJ being issued. 

    So unless the owner of the debt went back to court to enforce it by June 2021, no-one can ever enforce this debt. 

    Rest easy.


    The person who has not made a mistake, has made nothing
  • jlfrs01
    jlfrs01 Posts: 279
    First Anniversary Name Dropper First Post
    Forumite
    Lowell is distorting the terms of the Act. Debts which are 6 years and older where there has been no contact with the creditor, i.e no attempt to recover the money during this time, are Statute Barred and unenforceable after this time. If a CCJ has been issued, it can be still be enforced after the 6 years have passed but only by the creditor (or in this case Lowell), applying to the Court for their permission to extend it and this process would involve them needing to justify why they've allowed so much time to elapse.

    I've done a cut and paste from an online resource to explain more fully:

    "According to the Limitation Act, a CCJ can only be enforced within 6 years of the order being issued. If you are being chased for defaulted mortgage repayments, for example, your mortgage company has 6 years to pursue you for payment of your CCJ.

    After that 6 years has passed, the mortgage company forgoes the right to pursue for the money owed unless they apply to have the CCJ extended.

    It’s possible for a CCJ to be extended if it is on the verge of expiry and the debt still hasn’t been recovered. For this to happen, your creditors would have to present the court with a strong case for why the debt wasn’t collected within the time limit, which makes a CCJ extension very difficult to achieve"

    Would Lowell go to the hassle of approaching the Court for £360? I very much doubt it and they will know they would have to do this. They are simply trying it on.

    Unless you feel the need to pay up, then I believe you could take one of these options:

    1: Ignore them, don't respond to emails and mark any correspondence as "return to sender" and pop it back in the post. Similarly, if you've spoken to them, block their number and do not call them. 

    2: Send them a letter or email being careful to only note their reference number but none of your personal details. " As per my previous email/letter of XYZ date, I am writing to confirm I will not be settling the sum you are seeking to recover. As the debt is more than 6 years old it is statue barred and any CCJ can only be enforced by applying to the Court with justification as to why it should be extended. Please note I will not reply to any future communications from Lowell and any correspondence will be returned." Kind Regards, etc, etc

    Will they stop? I doubt it but you only need act if they go through the rigmorale of applying to the Court and as above, there is little chance of them succeeding. 

  • fatbelly
    fatbelly Posts: 20,258
    Name Dropper First Anniversary First Post Cashback Cashier
    Forumite
    edited 4 January at 4:59PM
    The ccj will not be listed at Registry Trust because if it exists it is more than 6 years old

    We have had many cases where even the alleged court can find no record.

    There's no point in trying for setaside when there's no proof it exists

    There's no point in getting into an argument about whether they are out of time under Limitation Act or Civil Procedure rules.

    The mortgage example is a very confusing one as a mortgage is a secured debt and would not need a ccj.

    There's no template that I am aware of but feel free to suggest one. Or just ignore them.
  • aalya
    aalya Posts: 3
    First Post First Anniversary Combo Breaker
    Newbie
    RAS said:

    It is also the case that in order to enforce the CCJ the creditor has to take legal action within 6 years of the CCJ being issued. 

    So unless the owner of the debt went back to court to enforce it by June 2021, no-one can ever enforce this debt. 

    Rest easy.


    That’s great. Do you think I should email them back quoting this information ? Maybe it will make them stop contacting me 
  • sourcrates
    sourcrates Posts: 28,558
    First Anniversary Name Dropper First Post Photogenic
    Ambassador
    Its covered by section 24, the limitation act 1980 -

    "24       Time 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.

    (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due".

    As fatbelly says, arguing with Lowell is pointless, you can point out their ignorance of the limitation act if you wish, but don`t expect them to agree with you.

    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 [email protected]. 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
  • kanju44
    kanju44 Posts: 1
    First Post
    Newbie
    I am also facing a similar situation. I had to leave the UK in Nov-2013 and I had an outstanding debt of roughly £1500 (overdraft and a phone contract). I returned in 2021 and Lowell called me today quoting the above outstanding debt. I did not acknowledge that I owe that amount and told them that I'll check and call back.
    I checked Registry Trust in 2021 and today to find that there are no CCJs in my name. In my current situation I am able to set-aside and pay the debt if required to but would this affect my credit file?.
  • fatbelly
    fatbelly Posts: 20,258
    Name Dropper First Anniversary First Post Cashback Cashier
    Forumite
    kanju44 said:
    I am also facing a similar situation. I had to leave the UK in Nov-2013 and I had an outstanding debt of roughly £1500 (overdraft and a phone contract). I returned in 2021 and Lowell called me today quoting the above outstanding debt. I did not acknowledge that I owe that amount and told them that I'll check and call back.
    I checked Registry Trust in 2021 and today to find that there are no CCJs in my name. In my current situation I am able to set-aside and pay the debt if required to but would this affect my credit file?.
    See my reply to @aalya a few posts ago. It's the same situation.
Meet your Ambassadors

Categories

  • All Categories
  • 341.9K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 234K Work, Benefits & Business
  • 606.2K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards