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Lowell.bought all my debts /CC Form

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  • #46
    Hi, Thank you for your help,

    I don't quite understand the following, if you could please shed some light

    1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)




    Because there is a CCJ against you, yes. If you are saying you didn't receive the CCJ documents as you were not resident at the address the documents were sent too, then you can try to 'set a side' the CCJ, -------------- Can they get another CCJ , if so ,would I not be better off getting in touch and paying ?


    2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?



    Click on your user name, then look for threads started by you. If you've not heard anything, after requesting documentation, then it could be that the case has been stayed.----------What does stayed means and would should I be doing with regards this debt ?

    3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

    If you've not made a payment in the last 6 years and not admitted the debt in writing in the last 6 years, then the debt is statute barred. So although the debt exists, it can't be chased through the Courts.

    You can send them a statue barred letter.-----I have not made any payment on this acc since 2011 , Only used there automated system the other day with my dob and postcode but never in writing , Once statue barred to my understanding is that can not be enforced so is down to me if I pay or not ?




    What would be the quickest and stress free solution to get out of this ? As I can not risk , under no circumstances to fk another 12 years of my credit life ,I have suffered enough over the years(not been able to do anything at all) missed on tones of business opportunities and houses .Therefore please point me in the right direction to get on the straight path sooner rather then later .Advice will be greatly appreciated.

    Comment


    • #47
      1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)

      Because there is a CCJ against you, yes. If you are saying you didn't receive the CCJ documents as you were not resident at the address the documents were sent too, then you can try to 'set a side' the CCJ, -------------- Can they get another CCJ , if so ,would I not be better off getting in touch and paying ?

      They can't get another CCJ, the only way to get it removed is through the Courts. Contact the Creditor, see if they will agree to a Consent Order when you've explained that you didn't receive the CCJ documents and the reason why. If they do the Court fee is less, hopefully the Court / Judge agree, then you can come to a suitable arrangement with the Creditor to pay so much each month.

      https://legalbeagles.info/library/ho...-judgment-ccj/



      2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?

      Click on your user name, then look for threads started by you. If you've not heard anything, after requesting documentation, then it could be that the case has been stayed.----------What does stayed means and would should I be doing with regards this debt ?

      Stayed means the legal proceedings are 'halted', it could be that they can't provide a copy of the CCA agreement within the 28 days, but this is all speculation. You need to ring the Court and find out what's
      happened.



      3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

      If you've not made a payment in the last 6 years and not admitted the debt in writing in the last 6 years, then the debt is statute barred. So although the debt exists, it can't be chased through the Courts.

      You can send them a statue barred letter.-----I have not made any payment on this acc since 2011 , Only used there automated system the other day with my dob and postcode but never in writing , Once statue barred to my understanding is that can not be enforced so is down to me if I pay or not ?

      That's correct, but if you want them to leave you alone, you should send them the SB letter, make sure you get Proof of Postage.

      https://legalbeagles.info/forums/for...ed-debt-letter


      Comment


      • #48
        1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)

        Because there is a CCJ against you, yes. If you are saying you didn't receive the CCJ documents as you were not resident at the address the documents were sent too, then you can try to 'set a side' the CCJ, -------------- Can they get another CCJ , if so ,would I not be better off getting in touch and paying ?

        They can't get another CCJ, the only way to get it removed is through the Courts. Contact the Creditor, see if they will agree to a Consent Order when you've explained that you didn't receive the CCJ documents and the reason why. If they do the Court fee is less, hopefully the Court / Judge agree, then you can come to a suitable arrangement with the Creditor to pay so much each month.

        https://legalbeagles.info/library/ho...-judgment-ccj/


        Q
        -----Why would I need it removed when it came off my file as 6 years have gone by in 2022 ?---





        2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?

        Click on your user name, then look for threads started by you. If you've not heard anything, after requesting documentation, then it could be that the case has been stayed.----------What does stayed means and would should I be doing with regards this debt ?

        Stayed means the legal proceedings are 'halted', it could be that they can't provide a copy of the CCA agreement within the 28 days, but this is all speculation. You need to ring the Court and find out what's
        happened.



        Q------I will do just that, however it has been over 7 years without contact, what would likely be the outcome based on previous cases debt is under 500 ----

        also I have checked my name the other day on Registry trust and it came back green


        3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

        If you've not made a payment in the last 6 years and not admitted the debt in writing in the last 6 years, then the debt is statute barred. So although the debt exists, it can't be chased through the Courts.

        You can send them a statue barred letter.-----I have not made any payment on this acc since 2011 , Only used there automated system the other day with my dob and postcode but never in writing , Once statue barred to my understanding is that can not be enforced so is down to me if I pay or not ?

        That's correct, but if you want them to leave you alone, you should send them the SB letter, make sure you get Proof of Postage.

        https://legalbeagles.info/forums/for...ed-debt-letter


        ----
        Great I will send the a letter--- hypothetically speaking if my memory squeaks and I did acknowledge the debt and send them the letter what would the outcome be ----based on the fact that there was no contact for 7 years ?



        I want to point out, that is not the debt that keeps me uneasy is the Court and the past that is hunting me down ,

        Comment


        • #49
          Originally posted by Cos69 View Post
          1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)

          Because there is a CCJ against you, yes. If you are saying you didn't receive the CCJ documents as you were not resident at the address the documents were sent too, then you can try to 'set a side' the CCJ, -------------- Can they get another CCJ , if so ,would I not be better off getting in touch and paying ?

          They can't get another CCJ, the only way to get it removed is through the Courts. Contact the Creditor, see if they will agree to a Consent Order when you've explained that you didn't receive the CCJ documents and the reason why. If they do the Court fee is less, hopefully the Court / Judge agree, then you can come to a suitable arrangement with the Creditor to pay so much each month.

          https://legalbeagles.info/library/ho...-judgment-ccj/


          Q
          -----Why would I need it removed when it came off my file as 6 years have gone by in 2022 ?---





          2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?

          Click on your user name, then look for threads started by you. If you've not heard anything, after requesting documentation, then it could be that the case has been stayed.----------What does stayed means and would should I be doing with regards this debt ?

          Stayed means the legal proceedings are 'halted', it could be that they can't provide a copy of the CCA agreement within the 28 days, but this is all speculation. You need to ring the Court and find out what's
          happened.



          Q------I will do just that, however it has been over 7 years without contact, what would likely be the outcome based on previous cases debt is under 500 ----

          also I have checked my name the other day on Registry trust and it came back green


          3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

          If you've not made a payment in the last 6 years and not admitted the debt in writing in the last 6 years, then the debt is statute barred. So although the debt exists, it can't be chased through the Courts.

          You can send them a statue barred letter.-----I have not made any payment on this acc since 2011 , Only used there automated system the other day with my dob and postcode but never in writing , Once statue barred to my understanding is that can not be enforced so is down to me if I pay or not ?

          That's correct, but if you want them to leave you alone, you should send them the SB letter, make sure you get Proof of Postage.

          https://legalbeagles.info/forums/for...ed-debt-letter


          ----
          Great I will send the a letter--- hypothetically speaking if my memory squeaks and I did acknowledge the debt and send them the letter what would the outcome be ----based on the fact that there was no contact for 7 years ?



          I want to point out, that is not the debt that keeps me uneasy is the Court and the past that is hunting me down ,
          Can't add any more to what I've said.

          Comment


          • #50
            Thank you for your time and effort , ECHAT11 ,

            Could anyone else advise on the last points please .

            Comment

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