old hoist uk now Lowells CCJ - store card debt

[davidmint]

I have a really old store card court judgement that Lowell’s have purchased and they have been chasing for several months.

The judgement goes back to 2010 and was for around £1,350. The amount they are chasing is more than the original amount. Not much, but I did make some payments and I would be grateful for your advice on how to deal with them.

[Ethel Street]

When did you last make a payment?

Has anyone chased you since the last payment you made?

In general if a creditor wants to enforce a CCJ more than 6 years after the judgement was issued they have to go back to court and get permission to do so.  But they'd have to  present the court with a strong case for why the debt wasn’t collected within the time limit, which makes a CCJ extension very difficult to achieve. In this case it's 13 years later and and hard to imagine the debtor would ever get permission from a court.

So I reckon you can safely ignore them

Have you checked your credit record to make sure it's no longer showing?

[Andyorch]

The amount outstanding can not be more than the original judgment ....given the age of the judgment I suspect Lowell are not aware that the debt is subject to a CCJ and given its age its over 6 years old therefore any enforcement action would be difficult.

 

Ignore Lowell if you wish unless you want to settle the original judgment amount..but there is little they can do.

 

 

.

[dx100uk]

you are one of 100'000 of people lowells are now sending out what are no more than scamming letters to see if mugs will pay on old judgements they have inherited after buying up the old HOIST UK DCA and their old debt portfolios.

dont fall for it......

 

dx

 

 

[brassnecked]

As it was 2010 it will have fallen off your credit record in 2016 anyway

[davidmint]

Thank you all for your comments.

Andy - Lowells quoted the case number and date of judgement when I asked a couple of weeks ago what it was about, so they are well aware of it.

They claim the last payment was received last year, but this is crap and can only see a couple of tiny payment in 2019 made on my behalf by my wife within the last six years,

I have made no admission to Lowells.

 

[Andyorch]

Fair enough but I can only advise as per my previous post.

For information.

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.

[dx100uk]

let it run

and from now on WRITING ONLY.

but if anything more comes scan it up here to pdf and we'll advise going fwd.

dont get intimidated again.

the payment is immaterial even if made changes nothing.,

[davidmint]

Thank you both, that's great. 

I can't pretend to understand UK law's interpretation of Action and Enforcement other than their literal meanings, but I understand that you are saying it's going to be hassle for them and don't poke the bear.

Whether they are calling themselves Hoist, Robinson Way or Lowells, they picked up the debt for peanuts once the six years had elapsed, and even if they get something from one in a dozen, they are in profit.

 

 

[dx100uk]

you are learning well done.

dca's are simply scammers that sadly 99% of the uk population think are bailiffs..but in reality they have no more legal powers than you or i ..

 

dx