Lowell chasing after 8 years


Hi All experts,
I’m really worried about this situation and need some expert advice.
My scenario is little different. I was in UK from 2010 Aug till 2015 Nov. Due
to some personal reasons, I didn’t renew my visa and relocated from UK in 2015
Nov. I had a Barclays credit card and when I was leaving UK, I was having some
1000 GBP outstanding on it. Since I was not financially stable and going
through some hard times, I didn’t pay it and didn’t bother as I had no plans to
return to UK. I m not saying it’s a good thing, but my situation was like that.
That time I was living in London area
and since I left, my flat mate said there were lot of letters coming to that
address from hoist finance and all. I m not sure if there was a CCJ issued against
me. Probably they would have. There were few emails I used to get from hoist finance,
and I just blocked it as I was not planning to come back to UK. This all happened
in Nov 2015. I have never made a payment or acknowledged any debt after that
date.
Now things changed in 2023, as I had to relocate back to UK due to some personal circumstances. Since it was nearly 8 years, probably the default and CCJ (if it was issued) have fallen off from my credit report. I started a new bank account with Natwest and a new credit report was generated. Its 100% clean and no adverse data on it. So, I got accepted for 3 new credit cards and got 6000+ limit now across those 3 cards. I also registered to vote from my current address (somewhere in southwest). Also, I was planning to apply for a mortgage with my partner. Now all off a sudden, as a nightmare, I got a text message from Lowell saying we have sent you a letter and get in touch with us and all.
Today I got a letter from Lowell saying you have a debt of 4000 GBP and we have purchased your debt from hoist finance, you need to pay the amount asap. I wonder from where they got my current address and new mobile number from. It was a total shock. I was searching in this forum and saw something about statute barred debt and all. But also, I saw some posts refereeing that if a CCJ was issued against the person, there is no limit a debt recovery company can chase the person.
I have no plans to make any payment now as its 8 years old.
1) Will Lowell will be able to slap a default on my credit report now after 8 years?.
2) I m not sure if there was a CCJ issued against me or not. Anyway, there is no default or CCJ in my new credit report now. Will they be able to take me to court now?
3) I have not contacted any debt company Hoist finance or Lowell since Nov 2015. What will happen if I ignore these people now.
4) How to tackle this problem and will they come to my home? Or Bailiffs and all?
5) Please advise a best way to approach this problem.
I m so stressed as I was planning to take a mortgage now and will it be a prob in future ☹
Kindly advise.
Comments
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Rule 1 - if you correspond with Lowells only do so by snail mail, not email, not by phone of any sort. They would have got your current address from your credit history. Not sure where they got your mobile number but as I said, don't respond by text or call.
Rule 2 - don't stress.
And possibly that's all you need to do. You could send them a prove-it letter or tell them that they have no standing as it's statute barred and they need to erase all of your details from their system. At no point mention anything about "you owe Barclays" or "you think you might owe" as it's completely down to them to prove that it's a legitimate debt. That you've been out of the country for nearly a decade does make it seem a clear case of being statute barred.
And fyi - Lowells and the other debt collectors seem to sell debts to one and other on a regular basis and send off enquiries on the off chance they can panic someone in to paying. We see this a lot on these boards.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving 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.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung1 -
No they won`t come to your home, and bailiffs can only be sent after legal action has been taken.
If legal action was taken, they have 6 years to enforce the debt, if no CCJ shows on your credit file, it was either, never there, or has dropped off due to limitation, so either way it would be unenforceable.
On another tangent, if no legal action was taken, the debt would be statute barred by now.
So, what should you do?
There is a link in my signature to the "prove-it" letter, sending this to Lowell should get you the information you need to make an informed decision on what to do next, so send that first, edited to your circumstances, and see what Lowell reply with.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 -
Sourcrates and Brie, Thanks a lot both. Your comments makes me feel so relaxed now. I was totally stressed.
So as Sourcrates suggested, when i send the prove it letter and suppose if they send me CCJ reference number or something (Assuming a CCJ was issued in the past, even though its falls of from my credit file), what will be the next step i should take?.
Will they be able to take it court again or slap a default after all these 8 years?. Sorry to be a pain, i m just new to these.0 -
No, a debt defaults only once, and CCJ`s are subject to sec 24 of the limitation act, they have 6 years to enforce judgements, any extension must be applied for before the initial 6 years are up, which won`t have happened.
Lowell buy debts without knowledge of previous events, so if a CCJ was granted, they may not know about it, after 6 years records are erased.
Send the letter, see what they come back with.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 -
sourcrates said:No, a debt defaults only once, and CCJ`s are subject to sec 24 of the limitation act, they have 6 years to enforce judgements, any extension must be applied for before the initial 6 years are up, which won`t have happened.
Lowell buy debts without knowledge of previous events, so if a CCJ was granted, they may not know about it, after 6 years records are erased.
Send the letter, see what they come back with.0
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