Lowell’s and expired CCJ for old Lloyds OD debt

[Menasor]

I had a CCJ against me on the 30/12/2014 by Lowell’s for £475.00

On the 14/12/2020 they sent a letter threatening me with bailiffs if I didn’t pay them the £475.75 I owe them. I called them up and enquired about the debt and the amount it was for. I knew it was from an old Lloyds bank account (I’d gone about £30 overdrawn with 10+ years ago and didn’t clear it), so disputed the debt which they then said would ‘hold proceedings for a further 14 days’. 

They sent me another letter, dated 30/12/20, but delivered 3/1/21, which threatened me again with legal action/bailiffs etc, and gave me 7 days to respond. I spoke to one of their people on the phone that day and They gave me a date of the default as 27/2/09, and told me the CCJ was expired and no longer enforceable, but they would still attempt to recover the debt. 
 

I share a home with my girlfriend and she is terrified at the prospect of having debt collectors turn up at the door, so has said I should just call them and pay the money. 
 

I believe that the debt is now certainly now Statute Barred, as I haven’t paid anything towards it, or acknowledged it in any way - bar the above phone calls.
 

What’s my best course of action from here?
Were the letters just a last ditch attempt to squeeze some money out of me? Do I just ignore them from now on, or do I need to pay? 

[dx100uk]

welcome 

1st a CCJ does not expire, but after 6yrs since judgement should the claimant have failed to enforce it it become far more difficult almost impossible. the issuance of the intitial claimform also stops the SB clock so the debt never now becomes SB.

 

there is to all intent and purpose little Lowells can do, most certainly they are a DCA , a DCA is NOT A BAILIFF and has ZERO LEGAL POWERS on ANY debt no matter what it's type. 

 

Lowell don't do doorsteppers but even if they did or get another DCA to do their dirty work, you are quite safe to tell them to leave your property film them with your phone too. do not engage simply advise if they don't leave or return, you will call police 101.

 

2nd never ever phone a dca. 

 

last.. either it was a backdoor CCJ to an old address as you didn't update your creditors you'd moved(which you always must else these happen)  or you simply ignored the claimform . these are called default judgements through northants bulk we call these roboclaims . no human is involved or checks anything.

 

it strikes me that if you didn'y use the account or pay into for the 6yrs before the date of the CCJ judgement, it might have already been statute barred but thats pretty immaterial now.

 

but your final conclusion is correct....ignore!

 

 

[Menasor]

Thanks for your response.  It's put my GF at ease and stopped her nagging me to call them! 

 

The CCJ no longer appears on my credit file.  Also, at no point was there any evidence of the default, or anything to suggest I had debt with Lowells.

It must have been a backdoor CCJ, as I was younger and stupider so ignored the debt.  I don't ever recall receiving a letter warning me of a CCJ though, as I'm certain I wouldn't have ignored that.

 

I opened a new bank account in August 2006, as I was in dispute with Lloyds over the charges they'd applied to my overdraft, so that means the original debt is from around then.

 

I'll just continue to ignore it, but will be back if they chase it further to see what my next steps are.

[dx100uk]

CCJ like defaults are removed after 6yrs from your file...

the fact that there might have been no default notice or any enforceable paperwork is now sadly immaterial.

 

 

[Menasor]

I've just re-read the letter dated 30/12/20

 

"We previously wrote to you as we have been instructed to enforce the CCJ dated 30/12/14 by applying for a Warrant of Control to recover your debt of £475.75

 

Once our application has been drafted and accepted by the Court, a Bailiff will be instructed to visit your home to recover the debt, either by arrangement with you, or by taking control of your goods."

 

It goes on to say how it will increase the amount of the debt due to costs and fees, and that my CCJ will remain 'Unsatsfied'.

 

Is this all just a last-ditch attempt to make me pay?  

 

I'm starting to worry myself a bit here!

[AndyOrch]

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Andy

[Menasor]

So does this mean it was a last ditch attempt?

 

Should I just wait it out to see if they continue to chase me?

[AndyOrch]

Possibly.....if they do try to get permission the court should inform you...I would wait and see if that ever materilises before making a move.

Should it happen you need to submit an N245 pronto and make a monthly payment arrangement through the court...the fee is £50

[dx100uk]

too late the profit cried...