Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Marcus123 Novitiate

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    Default Lowells debt collection?

    Hi this is my first post so please bear with me.

    I had a bank account many years ago when i was young and unfortunatly ran up a rather large debt (1800). Things escaleted and the bank issued proceedings and judgement was entered. I agreed to pay a small amount per month and that was accepted.

    Payment went on for a couple of years but then things lapsed, i moved address and nothing more was heard. This was early 90's if not late 80's and i havent heard a thing since.

    Now i have received a letter from a company called Lowells who say they have bought the debt and i owe them 1800.

    The tone of the letter is aggresssive and not polite. im not sure if this actually is the same debt because the letter gives few details. If it is the same can they persue me for it? As i received a CCJ can they enforce this or will they have to re-issue proceedings in their name?

    Any help would be appreciated.

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  2. #2
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    Default Re: Lowells debt collection?

    Firstly if you have not either acknowledged nor made a payment in the last 6 years then this debt is statute barred - although you are still in debt - this cannot be legally enforced (it is of course up to you if you want to settle the debt). Firstly DO NOT CALL THEM. I think if you send them this letter....remember DO NOT hand sign it....


    I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY



    1 High Street,
    Newtown,
    Kent
    R21 4RH


    June 28, 2006


    The Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG


    Dear Sir/Madam

    Acc/Ref No 4563210025897412

    You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

    We would point out that under the limitation acticon 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    We would also point out that the OFT say under their debt collectionicon Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

    The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

    The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

    We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

    We look forward to your reply.

    Yours faithfully
    Mr A N Other
    __________________


  3. #3
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Thanks for a prompt response. Unfortunatly i did call them earlier and said i had no record of the debt or ever having had an account an therefore any further correspondence would be sent to my legal advisors. Was this a mistake?


  4. #4
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    Default Re: Lowells debt collection?

    Not really....at least you didn't acknowledge the debt....also write on the letter. PLEASE NOTE I WILL NOT ACCEPT ANY telephone callsicon ON THIS MATTER, ALL CORRESPONDENCE SHOULD BE MADE IN WRITING, ANY telephone callsicon WILL BE CLASSED AS HARRASMENT AND TREATED AS SUCH


  5. #5
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    Default Re: Lowells debt collection?

    I would also send the letter via recorded delivery too...


  6. #6
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Many thanks again.

    As i have basically told them to 'get lost' on the phone this morning should i wait until i hear from them again before sending the letter?

    Also can anyone confirm my position regarding the judgement that was entered, is this also 'statute barredicon' as nothing has been exchanged in well over 10 years?

    And if it is not will the judgement still apply even though the debt has been sold to another party?

    Many thanks in advance.


  7. #7
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    Default Re: Lowells debt collection?

    From what you say this debt is definately statute barredicon....and send the letter asap....you mention 'judgement' have you been to court already over this debt ?


  8. #8
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Quote Originally Posted by 42man View Post
    From what you say this debt is definately statute barredicon....and send the letter asap....you mention 'judgement' have you been to court already over this debt ?
    The bank issued a summons and judgement was entered. I didnt go to court but i wrote to the court and offered an amount each month that was accepted. However, the payments lapsed, i moved a couple of times and no further correspondence was received. (I assume as it was such a low monthly figure they chose not to pursue it).


  9. #9
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    Default Re: Lowells debt collection?

    Ahhh this may make a difference....am I right in saying that a CCJ is endless ? maybe another Cagger can assist here as i'm not sure about court agreements.....Although if it is a CCJ debt ? I wasn't aware that DCAicon's went after them.....?


  10. #10
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    The CCJ was from the bank, however as they have sold the debt what happens now? Does the CCJ automatically get transferred with the debt?

    I take it from your tone that maybe i should hold fire on sending the letter back now?


  11. #11
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    Default Re: Lowells debt collection?

    Well bear in mind it is up to Lowells to PROVE that the debt ISN'T statute barredicon......I would still send it.....


  12. #12
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    Default Re: Lowells debt collection?

    Does the amount claimed by Lowells match up pretty closely to what the CCJ originally claimed for (if you can remember)....


  13. #13
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    Default Re: Lowells debt collection?

    It would seem that CCJ's are NOT covered by the limitations act....however I am unsure about the debt being sold on to Lowells....


  14. #14
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Does anyone else have any advice on the sle of this debt / transfer of CCJ as obviously i want to take the correct action.

    Thanks 42man for all your help


  15. #15
    Basic Account Holder NitrousOxide Informative NitrousOxide Informative NitrousOxide Informative

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    Default Re: Lowells debt collection?

    I'd like to know that too,
    Where do you stand if someone sells a debt but it's subject to an outstanding CCJ?
    Your debt with the CCJ issuer has ended so surely you owe them nothing under a CCJ?


  16. #16
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    To be honest i havent heard anything about the old debt in at least 12 years so actual figures would be a wild guess. Im not sure if this even is my debt as I have never held an account with this organisation quoted in their letter.However, the organisation did take over the bank i origionally had the debt with (if that makes sense).

    They are asking me to send signatures and date of birth etc but surely it is their duty to prove that I owe them?

    Confused......


  17. #17
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    Default Re: Lowells debt collection?

    Hi Marcus....do NOT send them any signatures at any cost. As before I would advise to send them the stat barred letter and see what they say.....


  18. #18
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Quote Originally Posted by 42man View Post
    Hi Marcus....do NOT send them any signatures at any cost. As before I would advise to send them the stat barred letter and see what they say.....
    Hi mate,

    As i said in other posts im not sure if it is even my debt, if i send that letter would i be giving away too much info i.e. acknowledging the fact that there WAS a debt that i am aware of but its more than 6 yearsicon ago?


  19. #19
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    Default Re: Lowells debt collection?

    By writing at the top of the letter - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY - means exactly what it says. And send a Postal Order and NOT a signed cheque.....alternatively send them a CCA Requesticon....


  20. #20
    Basic Account Holder Marcus123 Novitiate

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    Default Re: Lowells debt collection?

    Sorry mate you have completely lost me now.

    Why would i want to send them a cheque or a postal order?

    What is a CCA Requesticon?

    And is there not a different standard letter that maybe asks them to prove that the debt is mine rather than me suggesting that there may be an outstanding debt from more than 6 yearsicon ago?

    Anyone?



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