Help with Lowell please
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Lianne82
Posts: 3 Newbie
Wondering can anyone help me . Received a letter from lowel solicitors saying notice if county court judgment arreas.
It’s from 2009 but defaulted in 2010. They said they received a payment in January 2010 which I do t think is true . Also have bank statement an no payment was made to them or the original debt.
It’s not showing as a ccj on my credit file.
Is this statue barred or is it actually a ccj or a threat of one.
Please help
It’s from 2009 but defaulted in 2010. They said they received a payment in January 2010 which I do t think is true . Also have bank statement an no payment was made to them or the original debt.
It’s not showing as a ccj on my credit file.
Is this statue barred or is it actually a ccj or a threat of one.
Please help
0
Comments
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Hi,
I have moved your post to a new thread in this forum, your other post in forum rules will not be seen, and should ideally of been posted here anyway.
Thanks.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-letter0 -
Is this statue barred or is it actually a ccj or a threat of one.
Please help
They obviously think the account they have written to you about has a county court judgement attached to it, and that it belongs to you, and want to know why you have stopped paying it.
I am assuming from your post you know nothing about this, so either Lowell have the wrong person, or they have gone ahead anyway and obtained judgement in default against you, back in 2009.
Do you recognize the account as yours ?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-letter0 -
Thanks very much for help & reply.
Yes I don’t know nothing about this debt. It’s the first I have heard about it.
Is it possible to have a ccj that doesn’t show on a credit score account?
Is there a way of finding out if I have a ccj ?
Is it possible this is a threat from Lowell an is there anyway I could fight it with it being from 2009/2010?
Any elo is really appreciated0 -
I don’t know nothing about this debt. It’s the first I have heard about it.
Is it possible to have a ccj that doesn’t show on a credit score account?
Is there a way of finding out if I have a ccj ?
Is it possible this is a threat from Lowell an is there anyway I could fight it with it being from 2009/2010?
A CCJ registered on your CRA file will only remain for six years after it was granted, so if this CCJ was in 2010 it will no longer be showing.
If you don't recognise this debt then maybe you should send Lowell a "Prove It" letter.
If you send a correctly worded template then you won't be acknowledging the debt so if there is no CCJ and you haven't made a payment towards the alleged debt since 2012 (i.e. six years ago) then the debt may be Statute Barred.
If there really was a CCJ in 2010 and the Judgement Creditor (the Claimant) hasn't taken any steps to enforce the CCJ for six years then they will have some difficulty in trying to enforce it now without an Application to the court for permission which may not be successful.
It's not unusual to get letters stating a CCJ exists when it doesn't.
How much is the debt which Lowell are chasing because that may give some indication as to how hard they will try to pursue this once you ask them to prove it actually exists?
Di0 -
I think you should send a prove-it and see what comes back
https://forums.moneysavingexpert.com/showthread.php?t=26072470 -
Lowell are bottom-feeding scammers who don't actually care if you owe the money or not - All they are interested in is getting money out of someone-anyone and it really could be as simple as your having the same name as someone who does have a debt and they don't have an address for.
A prove-it letter may help but don't expect them to be anything more than shifty and evasive with their reply, whilst trying to mine even more personal info out of you - before continuing just like they did before and if they ever get your phone number, expect three or more calls a day from the scummers..!0 -
sourcrates wrote: »Hi,
I have moved your post to a new thread in this forum, your other post in forum rules will not be seen, and should ideally of been posted here anyway.
Thanks.
Unfortunately, it would appear the OP had posted a duplicate thread on the forum rules sub-board before you moved this one, and that one was not moved or locked. As it was replied to by another on 16-Nov-2018, I have posted my response in that other thread too.
However, the wording of that other thread is slightly different with the OP stating "a ccj was sent in 2015", and I have based my response on that additional information supplied.0 -
Unfortunately, it would appear the OP had posted a duplicate thread on the forum rules sub-board before you moved this one, and that one was not moved or locked. As it was replied to by another on 16-Nov-2018, I have posted my response in that other thread too.
However, the wording of that other thread is slightly different with the OP stating "a ccj was sent in 2015", and I have based my response on that additional information supplied.
Best to post it here, not in the rules section, that post is been deleted.
Quote:
Originally Posted by Lianne82
Received a letter today threatening enforcement action pending.
This original debt is from 2009. I don’t recall this debt at all. It defaulted in 2010 an lowel said a ccj was sent in 2015. No ccj shows on my credit file for this.
Is this a threat of ccj or is my debt statu barred?
Lowel said I made a payment in January 2010 but my bank statement doesn’t show any Payment to anyone that month. I called up the original account to get some details which they can’t give but they did say no payment shows on there end.
Is this a threat of ccj or has it already been giving? It looks like a ordinary debt letter.
Originally Posted by wavelets
How strange, you say you have received a letter from a company that is authorised and regulated by the Solicitors Regulation Authority.
In that letter, it states you were sent a CCJ in 2015
You then ask:
"Is this a threat of ccj or is my debt statu barred?"
I can only respond based on my understanding of what you have told us.
My understanding is that you were served with the CCJ in 2015.
Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment.
If your CCJ is more than six years old, and the creditor wants to use enforcement action, they must first get permission of the court. Special rules apply if they apply for a third party debt order or you already have a charging order....
Source: https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
But then you finally say
"Is this a threat of ccj or has it already been giving? It looks like a ordinary debt letter"
No one here can answer that question with certainty based only on the information you have provided.
You could, of course, contact the alleged sender of the letter.
I would urge you to use the contact details given on their website, rather that any that may be contained within the letter (which may not actually be from the Solicitors)
https://lowellsolicitors.co.uk/contact-us/
Or if you post a legible copy of the letter you have received here, someone may be able to assist you with your cI’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-letter0
This discussion has been closed.
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