Old Lowell Debt help!

[xencius]

Hi All,

I'm after some advice if possible around next actions from my side.

Out of the blue I got a letter from Lowell stating that "A third party debt recovery may have previously contacted me and to let me know the account is now managed by Lowell)

* I haven't had any contact with any DCA's about this debt at my current address (of almost 7 years) or at my previous address where I lived for 3 years!
* They were offering a 30% discount if I paid within 12 months (Which seemed a bit odd)

I suspect this debt was from my ex-partner who used my name for a few things many years ago but this is the 1st I've heard of the debt (We split 11 years ago!)

I sent the letter from the forum "Statue Barred" as no contact/acknowledgement has been made on this debt as I was unaware it even existed until now.

They have responded to my statue barred letter stating "We can advise the account is not statue barred under limitation act 1980 - This is because litigation action has already taken place on the account"

I've never seen a CCJ on my credit file and not had any letters around it ... where do I stand?

Thanks

[echat11]

Hi XENCIUS

Welcome to LB

Have you checked the CCJ register at https://www.trustonline.org.uk/ ?

If their position is that it's not statute barred, then ask them to forward the documents for 'the litigation action that has already taken place'. Make sure you get Proof of Postage.

[xencius]

Hi Echat11,

I followed your advice and have had a response with them stating there is a CCJ from Feb 2014 and that it won't appear on any public record and that its expired?

They gave me the reference and have advised to contact the Northampton CCBC and advised they would start contact again in 30 days.

Can you give any advice on where i stand with this expired CCJ?

Should I contact Lowell and ask for a further discount to clear it as its stressing me out?

If I should call and pay what should I say about the agreement as the offer letter says its a non-contraxtual waiver?

[echat11]

You can make counter Full and Final Settlement offers, start with a 'low offer', a lot lower then 30%, try 80%.

Write 'Without Prejudice' on the letter. Underline it. If it's expired, then they would have to start the process again, but unlikely to succeed, thus the discount offer from them.

https://nationaldebtline.org/fact-sh...f%20the%20debt.

https://nationaldebtline.org/sample-...tlement-offer/

[xencius]

Hi ,

I sent the offer letter over for 80% discount and it was declined and now their counter offer was 20% discount!? down from 30% original offer. Is this something you've heard of before? They have asked for full income and expenditure form also.

I'm not keen on sending all my financial information over is there any advice for next steps?

[MIKE770]

Do not send only judge can ask. They feel as you offer they try it on leave it and see what they offer if anything next

[xencius]

Will they not try and get another CCJ? Also said paying will reflect negatively on my credit file as a default partially paid

[MIKE770]

See if they offer increase. If not the ccj stands the final outcome is yours offer slight more if you can affordable sure others will respond here as well

[Matty B]

The ccj was 9 years ago. If there was no enforcement action taken they need a judges permission to take it now. I believe a judge would ask why it has taken them so long.

Way back when I had some old ccjs I had been paying for ever. I stopped and they quietly went away. One was HSBC and I now have a current account and credit card with them.

Barclays with whom I was in an arrangement to pay, couldn’t find any details when I sent a SAR so they went and did one- I know have a Barclaycard