Lowell Finance chasing me

[chil]

Hi, Newbie here so apologies for any mistakes.
I had a debt about 10 years ago for about £360 which was from a previous marriage which I was chased for by Lowell Portfolio about 4 years ago. I sent them the recommended letters with a £1 PO to prove the debt and my original contract, which the did albeit a rather shifty looking computer generated copy (that wasn't even printed straight) and a further demand for the said amount. I had moved about 2 years since the letters and only found after checking my credit report that I now have a CCJ issued November 2011 which I had no knowledge of. I am now getting letters from Lowell Finance requesting payment of debt (same amount as CCJ) not sure what to do really. Any help will be grateful.

[Inca]

Re: Lowell Finance chasing me

Hi + to LegalBeagles...someone will be able to help you...just bear with us as it's Sunday hours lol

[ostell]

Re: Lowell Finance chasing me

Looking at the dates the original debt could have been statute barred (6 years). You may need to come up with some actual dates if you can. Have you made any payments at all?

Someone will be along to fill in the details but will need the above info

[chil]

Re: Lowell Finance chasing me

Looking at the dates the original debt could have been statute barred (6 years). You may need to come up with some actual dates if you can. Have you made any payments at all?

Someone will be along to fill in the details but will need the above info

Thanks for the prompt reply, I will have to go through my archived paperwork which is up in my loft to get exact dates but I haven't made a payment to Cap1 (original debt) since about 2005. Can the CCJ still be made SB after all this time? I didn't even now it had gone to court because I had moved and hadn't heard anything from Lowells.

[Nibbler]

Re: Lowell Finance chasing me

The CCJ won't be SB, but depending on the circumstances and dates you may have grounds to have the CCJ set aside. If you manage that, and the debt was SB when they took action in 2011, then that would be a defence against any further action.

As said, you will have to have a look at the dates and what you wrote.

A CCA request itself should not constitute acknowledgement of the debt, unless it was very very unusually worded.

[chil]

Re: Lowell Finance chasing me

Ok thanks I'll see what I can find date wise. Can't remember if I said in my earlier post but they got a CCJ for £360 against me and are still chasing me for money that I haven't admitted to; can they do that?

[CleverClogs]

Re: Lowell Finance chasing me

Ok thanks I'll see what I can find date wise. Can't remember if I said in my earlier post but they got a CCJ for £360 against me and are still chasing me for money that I haven't admitted to; can they do that?

Indeed they can - what astounds me is that they've not (yet) tried to set bailiffs onto you.

Your first task will be to check the date of your last genuine payment towards the alleged debt or of your last written acknowledgement thereof; you will need that date when you apply for the CCJ to be set aside, as the court is unlikely to do that unless there is a reasonable prospect of the claim being defended.

[chil]

Re: Lowell Finance chasing me

Well I have dug out all my old paperwork and found that Lowell's sent me a copy of my original Cap1 agreement and everything that I spent on the card. The letter is dated 28/04/2011 which is 7 months before my CCJ was applied. I want to try and pay it off as it is £360 but can't afford it in one lump and from what I have heard on Google Lowells try to stitch people up for more money.

[ostell]

Re: Lowell Finance chasing me

Careful about paying!! You may not have to pay anything at all.

If nothing had been paid for 6 years or more and you have not acknowledged the debt either it is, in all probability, statute barred and you may be able to get the CCJ set aside and then you will not have to pay anything and Lowells can go whistle.

[chil]

Re: Lowell Finance chasing me

[QUOTE=ostell;351539]Careful about paying!! You may not have to pay anything at all.
That would be great but I will need to check some more paperwork as I was paying £1 a month to Cap1 until they sold it but I have never acknowledged it even after Lowell provided my original agreement. Will I still be able to get it set aside though even after all this time? I just don't want to have bailiffs knocking at my door as I have a new life and am up to date with all my monthly outgoings and I don't want this upsetting the applecart.

[chil]

Re: Lowell Finance chasing me

Just found some more paperwork and the last 'token' payment I made to Cap1 was on 14/02/11 not sure if this helps or affects things.

[CleverClogs]

Re: Lowell Finance chasing me

Just found some more paperwork and the last 'token' payment I made to Cap1 was on 14/02/11 not sure if this helps or affects things.

It certainly does not help, as it means the debt was not statute barred at the time you were sued.

On the other hand, you may still be able to get the judgement set aside merely on the grounds of non-service of the summons and, if/when that happens, you can then pay off the debt in full.

[chil]

Re: Lowell Finance chasing me

Hmmm, ok thanks. I'm not really sure what to do as I wouldn't be able to pay it off in one go would hope to pay in instalments.

[charitynjw]

Re: Lowell Finance chasing me

Hi chil,

This is the Lowell Group - http://www.lowell.co.uk/who-is-lowell-group.aspx - of which Lowell Financial Ltd are a part.

They sign up to a Code of Practice - http://www.lowell.co.uk/CSADBSGCodeOfPractice.pdf

The Office of Fair Trading has also issued guidelines - http://www.oft.gov.uk/shared_oft/con...it/oft1299.pdf

You can get free help & advice from various debt advisory services - https://www.gov.uk/options-for-payin...debts/overview


& only ever deal with Lowells in writing (keep a copy of any letter you send, & get proof of postage, or use email)

& of course, we are here to help as well - keep posting & let us know how it's going, or if you need further assistance.

[chil]

Re: Lowell Finance chasing me

Thank you for all the advice, I'm going to have a look through some of the links and try to make a decision of where to go next.