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Lowell chasing very old debt
Hello. Hoping somone can offer some advice.
Lowell purchased a debt from LLoyds TSB (thats how old it is). They have been sending letters for years asking for payment and sayin they will send a collector to the door but never have. I have finally tired of the letters so sent them the template statute barred letter a couple of weeks ago.
They have written back today with the following:
………….
We have noted the contents of your letter and we can advise your account is not statute barred under the Limitation Act 1980. This is because litigation action has already taken place on the account. There is a County Court Judgment held in relation to this account, dated 06/08/14 with the claim number A8QV6288. As the CCJ is now over 6 years old, this would now have expired. This means that it will have been removed from any credit file reporting and the public registry.
If you have any further queries in the meantime, please do not hesitate to contact us.
We trust this is satisfactory
…………
I presume they would have to go back to court with an excuse to do anything with the 12 year old CCJ.
what should my next step be? I could just keep binning the letters as before, but would rather just stop this nonsense with them.
Any help appreciated
Comments
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They are correct - the CCJ means the debt cannot become statute barred, but as it is expired they would need to go to court (again) to get it enforced and justify the delay.
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Thanks. Is there any reply I can give to stop the letters?
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There is, but it would involve a cheque...
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Ill let them keep sending the firelighters then :)
Thanks for the reply
1 -
They are not going to be able to enforce a 12-year old ccj so keep using their small papery things as fiirelighters
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Its section 24, limitation act 1980, that covers expired county court judgements.
"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".
The line in the sand is the 6 year point, once its over that line, sec 24 applies, and the judgment cannot be enforced further.
A lender must go to court before the expiry of the 6 year limit if they want to extend that limit, once its passed that date, its too late.
Lowell has no where to go with this one, its essentially dead in the water.
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-letter3 -
Thank you.
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