Ccj Lowell statue barred ?

[Jack101]

Hi
im after some advise
Facts last paymentade 3/2012
Default registered 5/2013
Lowell have said ststus limitations goes from default registered date not when last payment was made
Does anyone now if this is correct
Thanks in advance
Jack

[jaguarsuk]

Hi
im after some advise
Facts last paymentade 3/2012
Default registered 5/2013
Lowell have said ststus limitations goes from default registered date not when last payment was made
Does anyone now if this is correct
Thanks in advance
Jack

Yes, only if the last payment is later than the default date does that become the date in regards the Limitations Act 1980

[Jack101]

Thank you for your fast response
so just to confirm ,
As last payment received was 3/2012
And Default registered 5/2013
The 6 years limitations start from default date 5/2013 ?

[jaguarsuk]

Thank you for your fast response
so just to confirm ,
As last payment received was 3/2012
And Default registered 5/2013
The 6 years limitations start from default date 5/2013 ?

Yes, unless you're in Scotland where it's 5 years.

[Jack101]

I have had print out of account , and have contacted national debt line
they told me that statue limitations start when creditor , would resonably start court proceedings

There are 2 accounts ,
The first account there was no payment made on this account since 6/2009

They then wrote the account off in March 2012
Then registered default 5/2013
Would the statue limitations still be from date of default ?

[Amethyst]

They took a long time to default if you stopped paying in June 2009 and they sold it on in March 2012 without having defaulted you?

Or have we muddled up two different accounts ….

Account 1 - what kind ? last payment ? default date ?
Account 2 - what kind ? last payment ? default date ?


There are arguments in the courts at the moment regarding the cause of action vs the default date, so it's not cut and dried.

[Jack101]

Thank you for your reply
account 1 provident personal loan
Last payment 6/09 default date 2013

Account 2 provident personal loan only token payments made between 2009/2012 ,last payment made 3/12 £10
Default date 2013

[Amethyst]

Do you think Account 1 rolled over into Account 2 ? ( ie you took account 2 out to pay off account 1 plus a further loan ?) or possibly were the payments still being made on Account 1 with the payments on Account 2 hence why both defaulted at the same time?

Definitely worth getting a SAR off to Provident. You want a copy of the payment books and agreements particularly.

And a CCA request to Lowell - although, I'm not sure of the actual situation - have Lowell already got judgment on this, or have you just received a court claim from Lowell ?

[Jack101]

I have got credit agreement s and there are 2 seperate loans 2008 ,
Lowell have sent me ccj paperwork ,
No payment on account 1 since 2009
Account 2 last payment registered £10 3/12 , but only token payments made over 4 year period totalling about £100

[Amethyst]

Ok and who were the original creditors ?

Tick box signatures ?

did the agreements come from Lowell after a cca request or do you have the originals ?

[Jack101]

Provident personal credit ,
photo copy of originals from Provident , and payment records

[Jack101]

Actuel signature's

[Amethyst]

So your defence is just the statute barred issue ?

What date was the court claim issued ?

[Jack101]

I have today received directions questionare mediation
do you think there is not much chance of me winning in court statue barred defence

[Amethyst]

I don't know what you put as your defence so if you can paste it it'd be useful. I'd personally be sending a CCA request to the claimant for the loans and a SAR to Provident. The last payment vs default date is a contentious issue at the moment following some court cases, 4 years between last payment and default is too long in my view to be reasonable and I think you'd have a good argument that the claim is statute barred considering the last payment was made in 2009 and March 2012.

I know you have the agreements, but sending a CCA request puts a legal obligation on the owner of the debt to comply or they cannot enforce in court.... you'd possibly need to amend your defence though if you haven't included anything but the statute barred issue.

http://legalbeagles.info/library/gui...y-court-claim/