Lowell &Hoist

[sld241085]

Hi all!

need some advise.

Lived in our new house for 2 years and our previous for 17 years. Anyway out the blue got a letter for a debt previously with hoist but now Lowell. This is going back pre 2000 and my dad was PG.

Anyway the have said the following:

last payment March 2009
ccj issued may 2000

letter states balance is owing.

my understanding is the debt it stat barred. The court has no record of the ccj.

therefore, can they still enforce the CCJ or would they have to apply to the court to extend the ccj. Also, when applying for mortgages in 2004, no CCJ showed on my credit report.

any help is appreciated

[echat11]

Hi SLD241085

Welcome to LB

Do a check on https://trustonline.org.uk, there's a small fee.

If there is a CCJ, then the debt isn't statute barred.

If there is a CCJ then they would have to go back to Court, but the Court would want a very good reason why it's taken them all this time to go back to the Court.

If there is no CCJ and no payments or written communications over the last 6 years, then the debt is statute barred.

Also, it is possible that it's an error or knowingly the Creditor is misleading you.

You could ask them for a copy of the CCJ, if they don't provide one, make a complaint, follow their complaints procedure on their website.

[PallasAthena]

I have read elsewhere online that Lowell have bought thousands of very old debts from Hoist and are mass mailing letters like the one you have received in the hope that they might be able to scare a few people into paying them something.

If your debt was never taken to court and so there is no CCJ then from what you have posted it is long statute barred.

If there was a CCJ but no enforcement action has been taken since what they say is the last payment in 2009 then the chances of a court giving them permission to enforce now are remote.

But it's just a numbers came for them.

I wouldn't go back to them at all. Just encourages them to send you more letters.

Ignore them unless they ever send you an actual letter before claim.

[sld241085]

Thank you. Really appreciated. I work in civil litigation so I kinda thought the same but they’re just threw off. And obviously to extend the ccj they would have to give a good reason and make the application in a timely manner but 23 years, I think the judge would laugh at them. They said at the end placed your account on hold for 30 days and if we don’t hear from you, we’ll be in touch. Also if there is a ccj, I think it was against dad with him being a PG but fingers crossed.

[sld241085]

Hi, just a way of an update. Did the £6 search on me and my dad and there is no CCJ’s! So does this mean that the CCJ’s entered in 2000 are no longer enforceable and they are unable to ask the court to enforce?

[PallasAthena]

Theoretically they could go to court and ask for permission to enforce but after all this time the chance of the court agreeing is so remote it isn't worth worrying about.

They can't take any enforcement action now without going back to court to seek permission.

Did they send your letter to you at your current address? ie do they know your current address?

[sld241085]

Yes, they sent it to our new address where we have lived for 2 years. We lived at our previous address for 17 years and had no letters so makes me think Lowell our fishing

[PallasAthena]

Lowell have probably only just bought the debt and I agree with you, they're just on a fishing expedition to see how many people they can frighten in to paying some money on unenforceable old debts

They have your current address, which is good because they can't pul any stunts like sending court papers to an old address and hoping you won't see them.

My advice remains as it was in post #3. Do nothing, stick the letter in a drawer and ignore them. There's nothing they can do.

[beneminie]

Same here, I started receiving letters from Lowell in July 2023 for a M&S credit card debt that got into default in Nov 2018 (according to Lowell). I checked my bank statement for when the last payment was paid to M&S, it was 2019. When I check my credit report on 2 different website, M&S debt is nowhere to be seen even in the closed account section. I sent a CCA request so waiting to hear back. I have never made any payment to Lowell

[echat11]

Same here, I started receiving letters from Lowell in July 2023 for a M&S credit card debt that got into default in Nov 2018 (according to Lowell). I checked my bank statement for when the last payment was paid to M&S, it was 2019. When I check my credit report on 2 different website, M&S debt is nowhere to be seen even in the closed account section. I sent a CCA request so waiting to hear back. I have never made any payment to Lowell

If you can start your own thread, that would be good.