Old debt resurfacing

tracys76

Hope someone can advise.

I am currently in contact with Lowell regarding outstanding debts. There are three of them. One is a shop direct account they have agreed verbally is statute barred and told me they will close this. Another which is around 3 yrs old for which I have set up a payment plan.

They have also told me they have an old debt they say is from 2001 and had a CCJ issued in 2004. They have told me I cannot dispute this and have to settle it due to the court action. Is this true? I don't recall anything about this one or the one which they say is statute barred.

Grumpelstiltskin

Send them a Proveit letter and see what comes back.

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

If a CCJ is more than 6 years old they are basically screwed.

Did you send a statute barred letter re the Shop Direct debt? You really need them to confirm in writing they are not pursuing it.

Don't talk to them just communicate in writing.

RAS

They are lying, they had 6 years from 2004 in which to enforce the CCJ.

Even if it was a secured debt it would be out of time. As consumer debt, it fell off the cliff in 2010. If they tried court action, they'd be roasted by the judge.

fatbelly

I would start by asking them for the court reference, then asking the court for the particulars of claim on that.

I doubt they still exist. 

You could go straight for the '6 years to enforce have passed'  - that would also probably work in practice

sourcrates

Its section 24, limitation act:

Time Limit for Enforcement: According to Section 24(1), an action cannot be brought upon any judgment after six years from the date on which the judgment became enforceable. This means that if a judgment is not enforced within this period, the right to enforce it may be lost.