Lowell pursuing 10 plus year old debt via CCJ

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrott,

I didn't make any requests for docs to BC or Lowell as I know the loan was taken out in 2004 at the very latest & the last payments would have been 2006 at the very latest.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

It was issued to me on the 23rd Sep & I responded with my intention to defend, giving me 28 days. Have I still time to request them, if need be? I'm sure I read somewhere you have 28 plus 5 days?

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrott,

I didn't make any requests for docs to BC or Lowell as I know the loan was taken out in 2004 at the very latest & the last payments would have been 2006 at the very latest.

It was issued to me on the 23rd Sep & I responded with my intention to defend, giving me 28 days. Have I still time to request them, if need be? I'm sure I read somewhere you have 28 plus 5 days?

Yes, 5 days are allowed for service so you have a total of 33 days from date printed on claim so that takes you till the 26th: http://www.timeanddate.com/date/date...aw=&ad=33&rec=
The CPR request states they should respond in 7 days so you'd still have time to send it. :thumb:

Bear in mind Lowell/Carter NEVER EVER have any documents in their possession when they issue a claim and they always have to go back to the original creditor to obtain them.

Although this is very likely SBd, it's always worth requesting the documents, the more bullets you can shoot them with the better. A CCA request (if you've not sent one) wouldn't go amiss either.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrott,

Thx for the advice. The debts been taken over by Lowell so do I send the CCA to them or Welcome?

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrott,

Thx for the advice. The debts been taken over by Lowell so do I send the CCA to them or Welcome?

Morning

Send it to Lowell, as they are the creditor, they have a duty to respond. What they do to get their hands on the documents is their problem. :thumb:

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Great, I really appreciate the advice. I'll send them today & see what comes back.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrott,

Thx for the advice. The debts been taken over by Lowell so do I send the CCA to them or Welcome?

With Welcome's appalling record for paperwork I have advised people to spend an extra pound and send a CCA request to both the debt purchaser and direct to Welcome, it's produced some very interesting results.

nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi again Nem,

I am planning on sending one to Lowell today but as I've got to respond by the 26th I'm not confident I'll get anything back in time.

[Berniethebolt]

Re: Lowell pursuing 10 plus year old debt via CCJ

You can always include the line that they have not complied with your CCA request .
Another option is once they have received it all the solicitors for an extension to filing, you haven't had one yet have you?
If they don't agree you could include in your defence that you sent the CCA request on xxxxxx and requested an extension from the claimants solicitor in order to give them time to comply with your request but it was refused

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

If the debt was from 2004/2005 can they legally wait until 2010 to say that's when the default happened?

[Berniethebolt]

Re: Lowell pursuing 10 plus year old debt via CCJ

The problem with defaults from what I understand is that there is only guidance and no hard and fast rule. There is also the issue of misinformation about registering a default with the credit reference agency and the actual default under S87 CCA.

I think you would have a very strong case , out of interest, if you had continued with the payments when was the loan due to run until i.e the original term

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Unfortunately I'm unsure when the debt would have ended but the default isn't on my credit file.

[Berniethebolt]

Re: Lowell pursuing 10 plus year old debt via CCJ

Unfortunately I'm unsure when the debt would have ended but the default isn't on my credit file.

Well that suggests to me that it was defaulted more than 6 years ago

A CCA request would tell you that i.e when it was taken out and over how many months

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

I am planning on sending one to Lowell today but as I've got to respond by the 26th I'm not confident I'll get anything back in time.

You won't, compliance with a CCA request within the 12+2 working days timescale is almost unheard of. :flypig: :flypig: :flypig:

The idea is to use that very fact in your defence.

You can always include the line that they have not complied with your CCA request .
Another option is once they have received it all the solicitors for an extension to filing, you haven't had one yet have you?
If they don't agree you could include in your defence that you sent the CCA request on xxxxxx and requested an extension from the claimants solicitor in order to give them time to comply with your request but it was refused

It all depends on who the solicitors are, Bryan Carter NEVER EVER grants an extension, if I saw a post where he did, I'd print it off and frame it!

As we all know, his/their refusal to agree to an extension does get a mention in the generic defences.

If the debt was from 2004/2005 can they legally wait until 2010 to say that's when the default happened?

Nope! :nono: That would go against all the principles.

Unfortunately I'm unsure when the debt would have ended but the default isn't on my credit file.

Well that suggests to me that it was defaulted more than 6 years ago

Yes, if it had been defaulted in 2010 it would still be showing.

Having said that, the default date on credit records is of no consequence for the purpose of limitation.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

So I've had the standard response from BC stating that the matter will be allocated to the small claims track & therefore civil procedure rules don't apply!

Also you are correct when you say they aren't willing to grant an extension.

Um, what do I do now? Any help will be gratefully received.