LOWELL CHASING FOR AN OLD CCJ FROM 2013

Tishbeth

Hi can anybody help.  Lowell have crawled out the woodwork and are trying to claim an old Vanquis credit card.  I sent them a prove it letter which they just sent me a very small breakdown of figures.  I then sent them a statue barred letter to which they replied because it was a CCJ it is enforceable and not statue barred, I then sent them a request for the CCA to which they have replied with the following:

'Unfortunately the duty to supply documentation under sections 77 & 78 of the Act does not apply to an account where a CCJ has been obtained.

We note note account had a judgement registered against it on 25th July 2016, under the claim number XXXXXXXXX.  As a judgement has been applied against the account, we believe the debit is owed and will therefore continue to pursue the outstanding balance.'

Any ideas if this is true and what do I do next?  Any help is greatly appreciated.

RAS

It's actually a different part of the Limitation Act that requires enforcement of a CCJ within 6 years, unless a court gives prior permission, which is uncommon.

Have you ever paid anything off the CCJ?

sourcrates

Yes Lowell are correct in almost all they have said to you, sec 77/78 CCA no longer applies after a judgement is granted, but they are wrong about enforceability of the judgement.

County court judgements are subject to the limitation act, but its section 24, not section 5.

They can`t ever go statute barred, because taking legal action removes that possibility, but they are subject to a 6 year enforcement limit, so after 6 years, with no enforcement, they become unenforceable.

So you can write back to Lowell, this time quoting the correct section of the limitation act 1980:

"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".

And tell them they are outa time.

fatbelly

Debt advisers argue about whether that section applies in that way. Many HCEO firms clearly accept that it does.

If Lowell don't then we have other legislation

As they have quoted a court reference you could check the court record. Ask me if you need an email address.

It is quite likely that the court cannot find it and so that would be the same if Lowell asked permission to enforce it

ManyWays

If you were unaware of the CCJ it is totally worth trying to check the court record, especially if you think you would have noticed if you had a CCJ in 2016