Lowell pursuing 10 plus year old debt via CCJ

[Evocoxy]

Hi Guys,

I have received a Claim form from the above which is in relation to a debt from Welcome finance.

I've had a read on here & I know this debt is over 6 years old, more like 10, where I've had no contact, made no payments & havent acknowledged the debt. It seems that lots write to the claimants asking for details but I know it's over the 6 years.

Can I just submit my defence on MCOL? Is there a standard defence I can enter, for my defence, using Statute Barred?

Many thanks in advance.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi welcome to LB,

Was this a loan, secured loan or HP?
Is this still showing on your credit files? You can check Noddle free online.
Do you know when the last payment or written acknowledgment of the debt
was made>

Please post a redacted copy of the Claim Form here if you can it will help us to advise fully.

First things First, Have you acknowledged service of the claim and intention to defend in full? If not follow the instructions on the form and acknowledge online at Money Claim online.

Next a request to Lowell (CCA request) for a copy of the agreement, there is a £1 statutory fee to pay, use a postal order or cheque endorsed " For Statutory Fee Only " Lowell has 12 + 2 Working Days to comply, use the template from the forum library. send by signed for post.

Next to the solicitors (Is this Bryan Carter or BW Legal?) a request made under Civil Procedure Rule 31 .14 for the documents mentioned in the particulars of claim e.g. the agreement. No Fee for this a 7 day timescale applies. Again template in the forum library.
DO Not start or say anything about defence until you have given us some details of the debt.

Acknowledge via MCOL and state intention to defend in full nothing else.


nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi,

It was a personal loan from Welcome finance. The last payment to the debt was over 10 years ago.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

I've acknowledged the claim & my intention to defend.

I've just checked & it doesn't appear on my credit report.

The solicitors are Bryan Carter. Do you want me to scan a copy of the letter/claim form that's been sent to me?

P.S thanks for the help.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi,

It was a personal loan from Welcome finance. The last payment to the debt was over 10 years ago.

Sounds definitely statute barred, which is a complete defence.
This applies as long as there is a clear 6 year period with no payment from any source and no written
acknowledgment of the debt.
Who is the solicitor for Lowell? It may be possible to stop this in its tracks.

ne

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Sorry NEM, I'm writing as you have been lol.

Bryan Carter Solicitors. Thx

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Sorry NE, I'm writing as you have been lol.

Bryan Carter Solicitors. Thx

Very convincing defence on statute barred!!

My feeling would be to send Mr Carter a letter along the lines of:

FAO Bryan Carter
Principal Bryan Carter LLP


Date:

Re: Claim No, xxxxxxxxxxxxxxxxxxxxxx
Your Client Lowell.

Dear Mr Carter,

I refer to the above mentioned claim issued on behalf of Lowell on date................:

Having reviewed my credit history I formally state that the alleged debt which the subject
of this claim is Statute Barred under the provisions of the Limitation Act 1980 therefore I
will not make any payment in regard to the alleged debt.

Given the above I suggest that Lowell should in the interest of saving costs and court time

withdraws the claim forthwith.

This communication is not an admission of any liability for the alleged debt.

This works on cases such as your where the defendant is absolutely positive about
the status of a debt.

The onus of proof that the debt is not statute barred falls entirely upon the claimant.

Use signed for post.
nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Nem,

That's great. Appreciate all the help ur giving me. What should I do in the mean time, on the MCOL site? I'm worried that they get the letter & just ignore it. Meanwhile I've not entered a defence on the MCOL site.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Nem,

That's great. Appreciate all the help ur giving me. What should I do in the mean time, on the MCOL site? I'm worried that they get the letter & just ignore it. Meanwhile I've not entered a defence on the MCOL site.

Acknowledge service and intention to defend in full.

Carry on with the " requests" as outlined in #Post 2, so everything is in place as if the letter was not being sent..

nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Nem,

Yes, I've completed these steps. Do you know, if it is withdrawn, will I get some acknowledgement & the case be withdrawn.

If they do ignore shall I write a statute barred defence in the defence tab?

Sorry if I'm asking questions you wouldn't know the answers too

Thx, Ryan

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

[QUOTE=Evocoxy;580978]Hi Nem,

Yes, I've completed these steps. Do you know, if it is withdrawn, will I get some acknowledgement & the case be withdrawn.

If they do ignore shall I write a statute barred defence in the defence tab?
Hello Ryan don't say anymore than the claim is being defended in full!
Yes you will be told when the claim is withdrawn.

No problem ask away.

nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Nem,

Great, I'll send the letter tomorrow & see how I get on. I know it's been 10 plus years & it's not even on my credit file so curious why they should pursue.

Thanks for the advice Nem. I really appreciate it.

[judgemental24]

Re: Lowell pursuing 10 plus year old debt via CCJ

It is nothing more than a scatter gun approach.
They know a percentage of people will just put their head in the sand and not defend.
Lowell then secure the debt by default

As thisis Uncle Bryan the solicitor, you will normally get a letter of discontinuance once a defence has been submitted

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

It is nothing more than a scatter gun approach.
They know a percentage of people will just put their head in the sand and not defend.
Lowell then secure the debt by default

As thisis Uncle Bryan the solicitor, you will normally get a letter of discontinuance once a defence has been submitted

Discontinuance is not what we are looking for it's Withdrawal of the claim what is discontinued can be later continued as we
have seen here it a letter from a debt purchaser.

[judgemental24]

Re: Lowell pursuing 10 plus year old debt via CCJ

Agreed wrong choice of words.

But even if Carter discontinues, he will be barred from future action, CPR 38.7 and Res judicata

In this situation discontinuence or withdraw wil mean the same thing as statute barred is an absolute defence to any action