Asking for ccj to be removed as the debt was over 6 years old when ccj registered

moneysaver12

EssexHebridean said:

moneysaver12 said:

EssexHebridean said:

OP - were either of these debts included in your bankruptcy? Not sure whether that would make a difference but the 2010 one must presumably date from that time?

I didn’t go bankrupt. 

Ummm…

https://forums.moneysavingexpert.com/discussion/832619/just-been-declared-br#latest

There’s no need to feel embarrassed about it if that’s what the issue is - we deal with folk here who’ve been through bankruptcy all the time. It’s important to work out whether the debt that is being chased might have been included there, and has now been sold on in error. 

Sorry I thought you meant going bankrupt this time.  I thought they were after the bankruptcy but now I’m not 100% sure.  Do I write to Lowell and ask them for the paperwork from when I took the credit cards out? Am I asking for the credit agreement and a statement? Then that would give me the date when I took the credit cards out?

sourcrates

All debt taken prior to your Bankruptcy in 2008 will have been vested in that arrangement, any taken after that date, will not.

Records are only kept for 6 years, you would be looking for historic information here, and I doubt you would have any luck in obtaining it.

You can of course ask Lowell to prove liability for the debt, as long as no legal action has been taken on this one, as that exonerates the creditor from having to provide anything further in relation to evidence, as a court has already decided your liability.

moneysaver12

sourcrates said:

All debt taken prior to your Bankruptcy in 2008 will have been vested in that arrangement, any taken after that date, will not.

Records are only kept for 6 years, you would be looking for historic information here, and I doubt you would have any luck in obtaining it.

You can of course ask Lowell to prove liability for the debt, as long as no legal action has been taken on this one, as that exonerates the creditor from having to provide anything further in relation to evidence, as a court has already decided your liability.

Thank you.  I’ve looked on Lowell site and it’s showing three that have ccjs on, one july 2019 and one feb 2020, one June 2021.  

Then there is one that shows on Lowell as defaulted in 2016, I haven’t made any payments. No Ccj on this one. It shows solicitor costs and court costs for the default 2016

Then there is one that i believe is nearly 15 years old, no ccj on this but I made payments last time was October 2023.

could i have some advice about how I deal with these please 

sourcrates

The 2016 debt will have had a CCJ granted, but it will have been removed from your credit file after 6 years, the CCJ is now unenforceable due to limitation, to clarify, that's unenforceable, not statute barred.

The 15 year old debt, was there ever a period of 6 years prior to 2023 when you did not pay this debt?

What advice do you want exactly?

You either pay them or you don`t????

moneysaver12

sourcrates said:

The 2016 debt will have had a CCJ granted, but it will have been removed from your credit file after 6 years, the CCJ is now unenforceable due to limitation, to clarify, that's unenforceable, not statute barred.

The 15 year old debt, was there ever a period of 6 years prior to 2023 when you did not pay this debt?

What advice do you want exactly?

You either pay them or you don`t????

Thank you.  Before 2023 last time I would have made payments would have been before 2016. Advice on how I can stop Lowell from keep chasing me for payments, I can’t afford to pay. They keep phoning, emailing me and writing to me. 

sourcrates

Simply tell them you can`t pay, and they won`t expect you to.

At present they don`t know why you aren`t paying, hence the collection activity, tell them payments are unaffordable and they`ll leave you alone.

ManyWays

have you sent Lowell DMHEF forms about these debts and asked them to write them off? 

moneysaver12

ManyWays said:

have you sent Lowell DMHEF forms about these debts and asked them to write them off? 

I haven’t but I’ve done one for another debt with them, I need to post it this week