Help as Lowell are not giving me proof as requested

butterflies80

Hi All!

My first post and it’s taken quite the journey for me to get here.

I have successfully set up a DMP with StepChange and believed I had added in all valid and enforceable debts and breathed a sigh of relief.

But now that feeling of dread is coming back due to communication with Lowell.

I have successfully challenged 2 debts with Lowell and they have confirmed they are statue barred and the accounts have been set to 0.

A further account they have advised had a CCJ granted in October 2017 and so this could not be statute barred. I spoke to Step Change about this debt this afternoon and said that Lowell could enforce this debt legally through the court and as such it would be better to add this to the DMP. As it is now set up they would re work the budget and I would pay directly to Lowell for this debt. My first question is that the best advice and if so I will contact Lowell to let them know I will be speaking to Step Change to do this.

The second question is another debt Lowell have advised is not statute barred, an energy debt. I believed this was statue barred and advised them of this not admitting liability for the debt.

They have come back to me today advising that a payment was passed to them from the energy company in June 2021 and as such it is not statue barred and asked me how I would like to proceed. They also included a final statement from 2018 from the energy company. They have been unable to provide evidence of payment. I have called Step Change and then been onto the FCA and then finally landed with Citizens advice.
From the conversations with them all I have gleened the best course of action would be to log a formal complaint with Lowell and then when they get back to me I then escalate to the Financial Ombudsman as although it’s an energy debt the account is no longer with the energy company rather Lowell and so it will be the Financial Ombudsman. Would this be the correct course of action?

All thought’s and as vice are welcome as I thought I had everything sorted and this, although the final hurdle has really set me back

Thanks

RAS

A CCJ set up in 2017 had to be enforced within 6 years. It isn't covered by the same legislation as the original debt, but inaction would prevent them enforcing it now. Did you ever pay anything towards the CCJ?

butterflies80

No nothing, I wasn’t even aware I had it until a couple of weeks ago when I emailed Lowell to state I believed it was statute barred and they said a CCJ has been issued

JibberdyDacodo

Well, it isn't Statute Barred in the standard meaning.

But, to enforce such an old CCJ they would have to go back to court and somehow persuade a judge that they had a good reason for not enforcing it within the 6 years after it was granted.

butterflies80

And how likely in people’s opinion is that to happen and for the court to agree

fatbelly

Most unlikely.

I am also not convinced by Lowell saying that the energy debt is not statute barred because they acquired it in June 2021. That date is irrelevant but it does indicate that the account was terminated prior to that, and so is somewhere near if not already statute barred assuming English law applies. I think I would just leave it alone and make no payment to it

Only a court could decide whether something is or is not statute barred and I doubt Lowell would want to risk it on the basis of a payment by the energy company as that is neither a payment 'by the debtor or his agent'. I think involving FOS is going to be at best unhelpful and at worst counterproductive.

ManyWays

which creditor got the alleged CCJ for this energy bill and did you ever see a CCJ on your credit record?

butterflies80

I’m not sure which creditor got the CCJ - the CCJ is for a catalogue debt - I never viewed my credit file at this time to see the CCJ on it.

Lowell have advised this cannot be stature barred which I understand and Step Change have advised me to get this debt added to my DMP, but other advise i have find online stats that I should just stop contacting Lowell about this debt as it cannot be enforced.

The energy debt is from 2018 and is also with Lowell and hasn’t got a CCJ tied to it - this is the debt I believe should be statute barred but Lowell are saying they received a payment from the energy company in June 2021 but I have no record of this payment. With this debt I am unsure as to if I raise a complaint with them and take it down the ombudsman route or what other options I have

sourcrates

Please re-read what fatbelly has posted.

As with most things, the devil is in the detail, the limitation act states that a payment must be made by:

"the debtor or their agent".

An energy company, as fatbelly points out, is neither of those, so the payment that Lowell are banking on to back up their story, is irrelevant to their argument.

Lowell are on thin ice with this, using smoke and mirrors to confuse you, I`d leave well alone for now.

butterflies80

Thank you everyone for your advice

Sourcrates - what would be your opinion on adding the Other debt I mention into my DMP. This was the advice from Step Change

Or as this CCJ is now 9 years old without payment made towards it as I only found out about is a couple of weeks ago so I leave that alone too and hope Lowell do not persuade further via the court?

RAS

The CCJ debt can never become statute barred.

As explained, it is however unenforceable in court, effectively. Legally, they could try to take it to court but they'd have to give a very very good reason to the court as to why they hadn't done so previously. You'd just defend on the grounds that they were beyond the 6 year limit and they'd fold.

The most famous case actually referred to a secure debt, a mortgage that was only paid for a very short time. The bank got a repossession order. The enforcement limit for secured debt is 12 years, and they went back to court to enforce the repossession order some years after the limit. The occupier succeeded, and effectively got a house in an up and coming area for what he'd paid in the first few months some 20 years previously. Caused a bit of a stir.