Lowell County Court Letter

[Traceyjb]

So after getting more into this, it appears the original creditor was HBOS and the debt is well over 6 years old so my questions now are:
1) Is this now statute barred - if so what do we do
2) Do we need to pay the warrant notice we received?

[charitynjw]

If it were me I'd quickly write to Lowells asking for their consent for an application to the court to have the CCJ set aside.
Point out that it is a default judgment & the couert claim had been served on an old address.

[Traceyjb]

So we have received the below response so fro Lowell:

We note that you believe the account to be statute barred, and as such, you consider that our client should not pursue the debt any further. Our Client’s position is that this debt is not statute barred.

The relevant provisions are found in section 5 of the Limitation Act 1980 which provides that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The date the cause of action accrues in matters which are regulated by the Consumer Credit Act 1974, is the date on which the creditor is entitled to terminate the agreement and seek payment of all sums due under it. This is the date when the period set out in the Default notice required by s87 (1) expires, or the date of the last payment or written acknowledgement of the debt, whichever is the later.

In this case, we are instructed that the Default Notice was served on 21 October 2010. Therefore any action must be brought within six years of this date. As you may be aware, a County Court Claim was issued against you on 11 August 2016 and served to you on 16 August 2016. We must confirm that, as the Claim was issued within the six-year period, the debt is not statute barred and the provisions of Chapter 7 of the FCA Consumer Credit Sourcebook (CONC) do not apply.

You should now contact us with your repayment proposals by return. As you may be aware, a Warrant of Control has now been issued against you on 1 April 2019 and the balance of £279.25 is to be paid in full for this to be satisfied. If you are unable to pay the balance in full, please provide us with your income and expenditure details along with your payment offer.

Should you wish to dispute the above matter, you are able to seek independent legal advice. In the meantime, whilst the Warrant remains active, a bailiff may attend your property at any time.

Please can anyone help in regards to what we do now?
I have paid the warrant demand as i am petrified of bailiffs turning up on my doorstep as i am on maternity leave, my baby is 7 months old....

The debt is apparently for an overdraft facility which my partner has said he has never had... we have sent a dsar to Halifax

Do I still go down the route of getting Lowell's to proove the debt?
Also the debt is for £1200, the warrant was for £280... what do we do in regards to the balance as I dare say they will chase this aswell....

[Traceyjb]

The ccj they refer to was served on an old address and we never knew this existed till now...

[Traceyjb]

Any help please??

[Amethyst]

You do still need to apply to set aside the judgment and possibly suspend the warrant if they still have one live - https://legalbeagles.info/library/ho...-judgment-ccj/

Otherwise, if you do come to recognise the debt, you need to apply to suspend warrant and pay the balance by affordable instalments - this is form n245

you've done the right thing in sending the sar to Halifax - when that comes through it should make things clearer as to whether there was an overdraft on a current account that defaulted in 2010.