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Good afternoon all,
I am new to the Legal Beagle community so I will apologise in advance if I’ve included too much detail, or have missed anything important out!
I am looking for advice on what I believe to be a Statute Barred debt from 2008. The borrowing was from the now defunct Welcome Finance.
Without going into too much detail, I wasn’t in the best place financially at the time (hence dealing with Welcome!) and after losing my job in 2009, stopped making payments on this debt; not my finest hour, and not something I will never be repeating.
Fast forward to 2017, and I am in a far stronger financial position, and even managed to get a mortgage in 2015. Then, out of the clear blue, I receive a letter from Lowell Solicitors in June 2017 stating that a CCJ has been entered against me, with the original holder of the debt being Welcome Finance.
Subsequently, I contacted Lowell and asked why this debt was not classed as Statute Barred, as my understanding was no action could be brought against me after expiration of six years if a “relevant claim” has not been made prior (relevant being a creditor raising action in court, not just sending a default letter.)
After contacting them, Lowell said they would look into this matter, and low and behold, their “relevant claim” was a Default letter dated June 2012 to an address I hadn’t lived at since 2008.
I replied to their letter saying that:
The earliest point at which they could have sued for the full balance owing to this debt was more than six years ago
No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years
No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years
I also said again that under Annex B6 of The Limitation Act 1980, it states:
“A relevant claim will normally take the form of a creditor raising an action for payment in court. Simply sending a default notice or letter demanding payment will not constitute a relevant claim.”
I thought this would bring an end to the matter, and I could concentrate on getting the CCJ removed, however Lowell got back to me this week say that:
“We will not be responding to any further queries as we are satisfied that adequate responses have been provided by ourselves.”
What is the next step here in that case?
Any help would be massively appreciated; I genuinely have no idea where to go now!!!
I am new to the Legal Beagle community so I will apologise in advance if I’ve included too much detail, or have missed anything important out!
I am looking for advice on what I believe to be a Statute Barred debt from 2008. The borrowing was from the now defunct Welcome Finance.
Without going into too much detail, I wasn’t in the best place financially at the time (hence dealing with Welcome!) and after losing my job in 2009, stopped making payments on this debt; not my finest hour, and not something I will never be repeating.
Fast forward to 2017, and I am in a far stronger financial position, and even managed to get a mortgage in 2015. Then, out of the clear blue, I receive a letter from Lowell Solicitors in June 2017 stating that a CCJ has been entered against me, with the original holder of the debt being Welcome Finance.
Subsequently, I contacted Lowell and asked why this debt was not classed as Statute Barred, as my understanding was no action could be brought against me after expiration of six years if a “relevant claim” has not been made prior (relevant being a creditor raising action in court, not just sending a default letter.)
After contacting them, Lowell said they would look into this matter, and low and behold, their “relevant claim” was a Default letter dated June 2012 to an address I hadn’t lived at since 2008.
I replied to their letter saying that:
The earliest point at which they could have sued for the full balance owing to this debt was more than six years ago
No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years
No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years
I also said again that under Annex B6 of The Limitation Act 1980, it states:
“A relevant claim will normally take the form of a creditor raising an action for payment in court. Simply sending a default notice or letter demanding payment will not constitute a relevant claim.”
I thought this would bring an end to the matter, and I could concentrate on getting the CCJ removed, however Lowell got back to me this week say that:
“We will not be responding to any further queries as we are satisfied that adequate responses have been provided by ourselves.”
What is the next step here in that case?
- Am I wrong in what I am saying? Can Lowell still pursue this debt after almost 10 years, with no contact in-between?
- Am I in the right, with Lowell trying to play hardball?
Any help would be massively appreciated; I genuinely have no idea where to go now!!!
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