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Lowell - old claim form + statue barred?


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Lowell sent me a letter out of the blue telling me that they had been acquired by hoist finance and are now managing a 532.42 debt from 2013 i had with a new day store card.

 

They had been badgering me with phone calls so i fired off an email saying this is statue barred

 

they came back to me with the below:

 

ood morning,

 

Thank you for your email.

 

Responding to your query

 

I understand you have been contacted in regards to this account. Please see below in regards to your account:

 

  • Account opened on 27/09/2010
  • Brand name: New Day
  • Last payment was made on 08/07/2013 for £3.51
  • Default date 29/03/2013

 

Your account is not statute barred under the Limitation Act 1980.

 

This is because a debt is enforceable for 6 years from the date of your last payment. The original creditor has informed us that a payment of £3.51 was made to this account on 29/03/2013

 

Based on the information that I have provided, please confirm how you wish to proceed with the account.

 

 

So i went back to them saying well according to those dates it is clearly statue barred

 

I understand that you believe this account is Statute Barred, however please note that this account has had a County Court Judgement with Claim number xxxxxx County Court Business Centre issued on 11/06/2013. Once a CCJ has been issued then the account cannot be Statute Barred.

 

Please be advised that we have sent you a Notice of Assignment for this account on 09/03/2023, I have attached a copy of this to this email.

 

Based on the information provided, please advise us on how you would like to proceed with this account.

 

Next Steps

 

  • I’ve put your account on hold for 30 days to allow time for you to get back to us. If we don’t hear from you in that time, contact will resume.




Now interestingly in 2019 i sent this to the court must have been doing my due dilligence

"I have had notification from HFUK2HL that they are changing the legal name of a claim through the court but i haven't had any court papers through. They have given a claim number on the letter they have sent but when i have typed this in it is not a valid claim.

 

 

Thanks"

 

They replied 

 

"Good morning,

 

Thank you for your email.

 

Please be advised that this case is stayed. If the claimant wishes to proceed they will need to make an application to the court to lift the sat and proceed.

 

If you require any further information please email us or contact the helpdesk on the below number.

 

Kind regards"

 

 

 

Now can anyone advise if this is statue barred

 

Summary

 

No payment since July 2013

Hoist opened a MoneyClaim with the court in July 2013 but never did anything with it - so it is now in a stayed position in the court

Lowell bought by Hoist now chasing the debt

 

 

 

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Its statute barred ......a stayed claim from 2013 cannot be considered ongoing or used to stop limitations.....and even if they did have judgment they had 6 years to enforce the judgment or after they must get permission from the court to reignite the judgment.

 

Ignore them.

 

Andy.

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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This is what happens when you enter into the game of letter tennis, because they are foolish and uneducated, they will always want to have the last word.

 

Ignore them, responding to them in any way simply gives them delusions of grandeur.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Up to their old tricks again.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Any idea why it would have become stayed in the first place, i had a lot of debt back then so prob had my head in the sand, dont actually remember ever receiving a MoneyClaim though.

 

How does one of these become stayed in the first place?

 

So just checking legally this is 100 percent statue barred!?

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its dead forget it and move on

nothing they can now do.

 

strange it never once showed mind?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well you stated in your initial post that they intended changing the claimants name possibly because the debt had been passed around...never happened and they never informed the court they wished to proceed the claim......hence its was stayed. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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