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Lowell! up to old tricks?

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  • Lowell! up to old tricks?

    To cut a long story short I went to court to get a CCJ overturned which I was successful at doing. Today I recieved this letter about that same account. The original debt is statute barred as far as I am aware. Do I need to do anything about this? I don't understand why they are chasing again when the court knew the debt was unenforceable.
    Attached Files
    Tags: None

  • #2
    I would say for now just ignore. I assume you have a copy of the judgement overturning the CCJ.

    It is possible that Lowell will next suggest they are going to try and enforce- that might be th time you send them a strongly worded copy of the judgement.

    Comment


    • #3
      Setting aside a CCJ does not mean that the case against you is thrown out. It means that you have been given the right to contest it.

      When was the judgement set aside?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        If you are 100% sure it is statue barred, then send them the following template. Make sure you get Proof of Postage. Regardless of anything, if they think they can 'bamboozle' you with their 'dark arts' they will, fundamentally debt collection agencies are predictable. You need be one step ahead of them. You just need to let them know that, they are wasting their time.

        https://www.nationaldebtline.org/sam...cover-debt-ew/

        Comment


        • #5
          Or use this forum's template: https://legalbeagles.info/forums/for...ed-debt-letter
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            Setting aside a CCJ does not mean that the case against you is thrown out. It means that you have been given the right to contest it.

            When was the judgement set aside?
            Just a couple of months ago.

            Comment


            • #7
              Have you complied with any terms on which the judgement was set aside, e.g. filing and serving your Defence?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                Have you complied with any terms on which the judgement was set aside, e.g. filing and serving your Defence?
                Yeah, Everything was done. Overdales said they were discontinuing the claim on behalf of Lowell.

                Comment


                • #9
                  The CCJ has been removed from my credit files, The original debt is not on any of my files either.

                  Comment


                  • #10
                    So that court case is at an end. Time to write a statute-barred letter.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      So that court case is at an end. Time to write a statute-barred letter.
                      This will be posted tomorrow along with getting proof of postage. Many thanks

                      Comment


                      • #12
                        So, I received a letter today from Lowell. I sent the statute-barred letter as advised. Today I received the following letter. None of the debts mentioned in the letter is on my three credit files; I rechecked them all today. What do I do next? Any help is appreciated, as always.
                        Attached Files

                        Comment


                        • #13
                          I emailed the court to get clarification on the matter regarding the EE debt which Lowell claims litigation has already taken place on. This is the response I have had from the court (see attachment). For the other debt, Lowell has completely ignored my SAR request on two occasions now. I am stuck as to what to do. As I mentioned earlier. None of these debts is on any of my credit files also.
                          Attached Files

                          Comment


                          • #14
                            Make complaints to the Information Commissioners Office.

                            Firstly, they have incorrect information regards to the EE account, they disconitnued the case, no CCJ in place.

                            Secondly, you have sent two SAR requests, which have gone answered, so complain about that to the ICO.

                            https://ico.org.uk/make-a-complaint/...on-complaints/

                            Comment


                            • #15
                              Originally posted by echat11 View Post
                              Make complaints to the Information Commissioners Office.

                              Firstly, they have incorrect information regards to the EE account, they disconitnued the case, no CCJ in place.

                              Secondly, you have sent two SAR requests, which have gone answered, so complain about that to the ICO.

                              https://ico.org.uk/make-a-complaint/...on-complaints/
                              I have followed the above advice, and this is their response. I don't know what to do any more. I'm banging my head against a brick wall dealing with Lowell. Any more advice on what I should do? Many thanks
                              Attached Files

                              Comment

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