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Dca ccj after 10 years

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  • #16
    Thanks yes I will definitely do that, well do nothing and see what if anything transpires.

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    • #17
      Hello ,

      I did receive another letter today and they're saying that I have to make arrangements to pay, no reference to it being over 6 years old. I can write to them again but if I can't stop them contacting me maybe there's not much point in raising it again.

      I found within the files that the original account would have been statute barred but as I'd also moved home and wasn't aware of the ccj it went ahead and here I am.

      I have found a second reference to an unrelated account that was in good standing now closed from a couple of years ago. Is this so they can keep a check on my credit history and is this a normal practice you have seen or can i ask them why they have this?

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      • #18
        No surprise there, These companies typically ignore what you actually write to them and just keep churning out their standard letters in the hope that they will frighten you into paying.

        If it were me I would write back something short like "I have been advised that as the CCJ is more than 6 years old it is not enforceable unless you obtain a a court order permitting enforcement. As you appear not to have the court's permission to enforce I will not be responding to future letters from you. Please do not write to me again." Get proof of posting. You don't need to explain to them why they need permission to enforce. Lowells are well aware of the law on this.

        They will ignore your request not to write to you agin of course. But when they do post on here what they say. The reason you can't prevent them writing to you is that although the CCJ cannot be enforced the debt still exists and Lowells can still chase it.

        I'm afraid it is almost certainly too late for you to challenge the original 2016 CCJ on the grounds that it would have been SB'd in 2016.

        Approximately how much is the CCJ for?
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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        • #19
          I'll try that and see if things stall or move on. I suppose part of their charm is the constant contacting.

          I'm having trouble seeing an amount as the actual ccj bit is just a simple few lines they've added with a reference number and court, not an actual court document I don't think. There's a reference to £5,532.29 which I don't recall an amount so high but it is there a few lines down like what you'd expect internal notes on a system to look like.

          I can't go back to the creditor at this point as the actual account appears to be from around 17 years ago so they must have that figure from somewhere.

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          • #20
            Don't Lowells letters say how much they allege you owe?
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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            • #21
              It says on a previously letter I recall £2600 to make arrangements to pay. When I go into the files they've sent me it says a higher amount so I don't see why this is different. The latest letter doesn't actually state an amount so I see. This should be the same amount unless they've sent me the wrong information.

              Is it possible for me to get the original documents to check what the actual original amounts to? I'm very hesitant to call them as I've read they can be a bit underhanded and if true I'd rather only engage if I have to.

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              • #22
                It's helpful for people advsing on here to have a rough idea of the ££££ involved - £hundreds or £thousands or £tens of thousands - but the exact amount isn't important.

                Don't ask Lowells to confirm or clarify amounts. Your position is that as it's over 6 years old you aren't going to pay and aren't going to discuss it with them. So it doesn't matter what the exact amount is.

                Don't engage with them. The more often you engage with them the more they take it as a sign that you will pay if they put a bit more pressure on you.
                All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                Comment


                • #23
                  I won't do that then and stick to the previous, state my position then not engage. Thanks to everyone for your advice its very much appreciated.

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