Lowell & BW Legal debt collectors fail to collect on a statute barred debt. FIGHT BACK!
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- Опубликовано: 4 окт 2024
- Lowell debt collectors tried unsuccessfully to enforce a debt which was unenforceable in law as 6 years had passed since any payment to the account was made and no written acknowledgement of the debt was made within this time. This then became a 'Statute barred debt'
A statute barred debt means that although the debt is outstanding, NOBODY can enforce the debt in the courts and you DO NOT HAVE TO PAY.
After this time, any debt is unenforceable but as you will see, they will still try it on.
Lowell thought they would win, but they lost because I stood up to them and knew they were trying to get me to pay money which they simply couldn't enforce in court but these people decided to waste lots of money trying it on.
They lost quite a bit of money and had to withdraw their court action because they knew the case would be thrown out by the judge after I responded to their court papers and told the court that this debt was not enforceable.
I stood up to these parasites and I won! You can too!!!
Don't fall for their discounts. If they offer a discount, they probably have a weak case and may not have the necessary documentation so demand proof of claim from them. If they can't provide this, see them in court but you MUST respond to court papers.
DON'T acknowledge the debt in writing and DON'T make even a minimum payment as this resets the 'clock' and it is then 6 years from then before the debt becomes unenforceable in law.
Once 6 years has passed without making any payment or acknowledging the debt IN WRITING, the debt becomes UNENFORCEABLE. You don't have to pay after this time, but remember, don't acknowledge in writing and don't make any payments. If you have verbally acknowledged the debt over the phone THIS DOES NOT COUNT. You must have EITHER 1, made a payment within the last 6 years to the account, or, 2, Acknowledged the debt IN WRITING.
Many of these claims are non-enforceable in law. Dispute every claim. throw a spanner in the works, get good advice, FIGHT.
Many of these debts have been written off, and these companies buy them off original creditors cheaply in the hope that they can fool you into paying something that you don't have to.
REMEMBER Many of these cheaply purchased debts are completely non-enforceable as the purchasers cannot obtain the original, signed documents showing that you owe anything, MAKE THEM PROVE YOU OWE THEM MONEY IN COURT!
IF YOU DON'T RESPOND TO COURT PAPERS, THEY WIN! Whatever you do, YOU MUST answer court papers. By doing this, you can win! If you don't, THEY WIN. You can respond online to the court so you can do this at any time, day or night, and don't need to send anything through the post.
Don't pay these people unless they have a court order.
Challenge everything! THEY have the burden of proof. You don't have to prove your case, THEY have to prove you owe THEM money and, since they have bought the debt from someone else, often without access to the original contract documentation, they may not be able to prove anything. The court will probably throw the case out in such circumstances.
THEY have to prove you owe THEM money, You don't have to disprove anything. You just have to tell the court that you dispute the claim and ask the court that you wish the debt collector to PROVE that you owe THEM money. After all, did you take out a contract with them???? Probably not!
Make them provide documentation. IF THEY CANNOT, THE CASE WILL BE THROWN OUT but you MUST respond to any court papers. Quickly. Don't let them win just because you don't respond!!!!!
Fight them. Stand up to them. You may well win!!!!
Just keep telling them, they have to prove you owe THEM money. You didn't take out a contract with them so their claim may will be unenforceable in court.
Take advice. Don't be bullied. YOU CAN WIN!!!! JUST LOOK AT MY VIDEO. I WON!!!!!!!!!!!!
TIME TO FIGHT BACK!
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Bless you for sharing this very sage advice.
All too often these companies seek to bully, frighten and intimidate people into paying a debt they do not owe.
Very sincere thanks !
I pay £12 a year on a roughly £1,100 debt so by the time it's paid i'll be the world's oldest man and I won't be able to see the letters come through the door because my ballbag will be down to my feet anyway.
Why the hell you paying. Stop playing as people like you or the sheep keep these clowns in business
You pay them money? What a silly sausage.
Why on Earth would you pay them?? That was a very stupid thing to do.
Proud of that are you ❓
@@mlukerml Yes.
Yes I am extremely proud.
I did exactly the same with Lowell earlier this year on a £500 Statute Barred debt.
They are just trying thier luck which people are getting wise to.
Wiped my arse on one and sent it back to them. Never heard a thing since!
That's fucking brilliant hahaha
Anyone link me a statute barred letter to agencies ? Cheers
@@abracadabra1394 JUST TYPE THE LETTER HE SHOWS.
@@abracadabra1394 Our #[CLIENT/CLIENTS] does not admit any liability for your claim and will not be making any payment towards it, as it is now more than six years since any cause of action may have accrued. Any claim would, therefore, appear to be statute barred under Sections 5 and 29(7) of the Limitation Act 1980 and any court claim will be defended on that basis:
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.
29(7) a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment
I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
If, however, you have substantive evidence that your claim is not statute barred then please supply it within 21 days. If you are unable to provide such evidence please confirm that no further action will be taken against our #[CLIENT/CLIENTS].
Ffion Pearl Hi there could really do with your help I had a PCN from premier parking from five years ago they passed it on to BW legal And now they’re demanding the money of £160 I was a member of easy gym and there was a Machine inside the gym you have to put your registration number in witch i did every time kind regards Mike
Well done you , I’m next too have too defend against a statute barred debt .
Very useful, bless you sir !
Great advice, I got a ticket from NCP for going on there car park for 13 minutes, this then was sent to bw legal, and then northampton county court, i replied to everything recorded delivery, but they kept saying nothing has been received, a ccj has been issued.. Im now in the process of proving I sent documents recorded delivery, parasitical companies you hit the nail on the head. A lot of people probably just pay up we need to defend ourselves.
How did it go
Had same tryed charging me £150 for them sending me a pcn 6 months late told them to shove it & never heard anything since
never send anything recorded delivery, it doesnt count as proof of postage at courts. Only first class post counts. You simply ask the post office to give you a receipt of first class posting at the counter. keep the receipt and that is your proof. A recorded delivery signature or proof of posting counts as nothing in court.
The words 'statute' and 'law' in the same sentence, very funny! :-)
Thank you very much for posting this video. The information in it has helped me a lot. I was almost going to ignore the letter until you emphasised the importance of fighting back. I used your template letter and submitted it. I received a response saying that my defence had been acknowledged and sent to the claimant and this if I don’t hear back with 28 days, the case will be stayed. More than 28 days has passed and still no reply. I know that a stayed case can be reopened within a year but give. The circumstances, I think it’s unlikely. Thanks once again. I really appreciate your help!
Excellent moral message - where the government and most of society fails - you're doing your bit in helping those suffering from "debt" stress.
Glad you won this bud. Thought i was in the same situation with a debt to o2 from 2011 that was statute barred, only to find i made a payment back in 2013 of £5 which made it still active. with no other option i felt i had to pay the full balance to avoid a CCJ. lesson learned. they had me.
absolutely correct my friend,i defended a claim being made against me by lowell(portfolio,financial,solicitors and what ever other name they used to try and scare me)for £2300,and i beat them. not one single letter(even in the court papers)had a persons signature on it. i quoted section 1,sub-sections 1-3 of the contracts(rights of third parties)act 1999,which stipulates a third party collection agency MUST have been expressly identified in the original contract you signed. they never will be expressly identified. but as you said,you MUST defend the claim,or they will beat you because northampton county court business centre(which isn't a court at all)are just as corrupt as these DCA's and will act on their behalf. play them at their own game,don't sign any paperwork,make it clear you are not accepting liability for the ALLEGED debt and as they are a third party without a contract or agreement in place,you do not owe them a single penny.
Good on you!
This was an amazing insight thankyou God bless
it's true. i had a debt of over 8k. it disappeared into the mist as if it never existed
@@BratDaltonhow is that possible?
@@Dogheadmaster it is hard to explain in a few words how this corrupted system works, but when you stop paying your "debt" which never really existed, is sold for a few pounds to some vultures like those Lowell whores. They have no rights to anything, they have no documents to take you to court. the bottom line is to NEVER acknowledge the debt. NEVER EVER. you will find everything on the internet. google three letter process and history of the strawman. google goodf.forumotion.
Awesome outcome. They spent all that money for nothing. That is a job well done.
This truly is a must watch video. I nearly learned the hard way myself but managed to the judgement set aside. Take notice of the advice at the end of the video, a company tried to unlawfully bang me out of nearly £2000, and they almost got away with it. Unfortunately for them they left empty handed and a few quid out of pocket, but always respond to court documents or they win by default.
Niko hey buddy any chance you could help me ? I’m about to go through what you went through. My email is FabianJones93@gmail.com
Thanks for the video very informative. Going through it at the moment with a debt that dates back to 2004. They will try their luck. These compamies are the worst parasites and do your upmost to defend yourself and not get too stressed.
rurimino good luck, I hope you get the outcome you want!
They cannot enforce that in any way 💦 ignore em if they continue slam em with harrasment charge
It's over 6 years old it's statute barred you can legally sue them for harassment and you'll win the debt is written off after 6 years.
Thanks for the info, very much appreciated.
I have a problem with Lowell now, I asked them to prove a debt was mine from 2010, 9 years ago! They did not prove it and it is statue barred. I now have a CCJ, was never offered to court, I have bailiffs coming in 2 weeks!!!! I have the Financial Ombudsman and my MP involved. Wish me luck
looks like we are in the same boat dont it?..
Please report Lowell to financial Ombudsman, it is illegal to go after debts mor3 than 6 years, statue barred. Please get in contact if you need help
And what's happening here is the court scam in full operation.
I had a debt that I disputed with an ISP, I will not name them. I had written to them saying I held them “in breach of contract” & that I was terminating immediately, & cancelling the direct debit. They sent a bill, a final demand, & referred the matter to a debt collection agency. The agency wrote to me, & I sent them a copy of the letter sent to the ISP! I never heard again until 3 months from the 6yr mark, where another debt collection agency wrote to me in regard to an unidentified debt. I phoned the number, & gave their reference number, wherein they wanted me to go through “security questions”, but I said I’d not answer a single question until they told me who I allegedly owed money to. They wouldn’t give that info so I told them not to contact me again. The right 1st letter, the right response to the debt collection agencies, & no more said or done! 💥
Just tell them to piss off,they've tried to scare me by taking me to court twice with no proof. I refused mediation and just laughed at them. What a surprise,They had no proof. Both cases struck out. They just think people will be scared and pay. My favourite part was the 70+ year old man they sent to "seize" goods. I then threatened them if they didn't remove the illegal defaults from my credit file I'd be taking court action or attending their office to seize goods. They're pathetic and can't prove anything
Haha bang on mucka tell them to do one...Ive defended myself and my wife from these scum and those idiots bw legal/cabot financial.There all full of shit.Defending the wife atm lowells claim,sending back that mediation crap tomorrow actually as not letting her go into any sort of aggreement/contract with them because as soon as you do your admitting the debt.These scum took my wife to court and the judge threw their claim out but they still try it on by sending out the letters.County court business centre Northampton are a joke,not even a court.One big fraud...But you knew all this cos you sound a switched on cookie...👍👍
@@exrfn so if they semd u letters to take u to tht nothampton county court should u ignore it or is it a fake letter to scare u
@@danh9920 there is no court called that it faulse its like a call centre
Cheers for the tips man could help for us god bless you man take care
Thank you for this video. It was indeed helpful. Had a letter from BW legal Dec 2020 , stating I have an outstanding balance of using gas supply from EON. Firstly when I moved in the property, it was a pay as you go gas supply till I finished my tenancy contract , second, I moved out in the property Jan 2016, I am just upset that how come I will incur debt when using a pay as you go gas supply. I have been having many calls from BW legal and its getting to my nerves
Love LLA: I'm having the same issue of gas outstanding debt with Scottish Power, yes, despite the fact that my service is: pay as you use to-date, and, unfortunately, if I didn't charge my gas or electricity, they didn't supply extra gas and electricity until I topped up again. And also, immediately I ran out of credit, the meter started running credit but yet, no gas or electricity supplied to me until I charge the key or card, the worst part of it, these accumulated credits are thus taking out of the topped-up I'd just made, and even though they didn't offer to me any service, they're ridiculous! The companies have pleasure in duping us here and there in the UK, and they're getting away with this corruption, fraud, and extortion.
Very informative mate. Thanks. 👍👍
You issue a DSAR requiring ALL DATA pertaining to your Name.
Your require sight recognition [ FULL DISCLOSURE] of the original DEED OF ASSIGNMENT. which they’ve never had.
They will have to divulge everyone in the chain who’ve shared or used your DATA . As NONE of them had any legal right [ RIGHT OF CHOSE] to obtain your data they are in breach of GDPR, £5K each fine.
They getting sneaky by not sending court ones out and sending letters after court so you already lost before receiving any letters
Isn't that deception? Which if they are gaining money from it is gaining money through deception which def wouldn't look good in court
What if they have issued a CCJ? They then claim that it is not statute barred.
If the court have CCJ awarded to claimant, it is not statute bared.
BUT if it was just a CCJ Claim that you defended and not resulted in a Judgement then it IS Statute bared.
I HANDLE ALL BAD DEBT LIKE THIS....my poor sister had some debt and i told her what to do ..but she went to citizens advice ...and theyput her in touch with step change ...now she has to pay the debts little by little forever..and since then all my debts are statue barred...and she still has about 20 grand hanging around her neck....steer clear of step change...the only debts you have to pay are those in which they actually take you to court within 6 years and most companies cant be bothered doing that ..at risk they will win ...but you still wont pay ..as you are a drop out dead beat bum.
Just had a bw legal on behalf of lowell email for a 11 year old debt. It was the friendliest collection agency letter I've ever seen lol. So I replied with a friendly statute barred letter back straight away. My bill was originally from 3 phone company and Lowell was a 3rd party and bw legal is a 4th party interloper lol. They sent an email address that you can't reply to so they want you to go to their site and give your details to get an account. I'm not daft enough to give them my home address to get a account with them. I beat lowell with a fresh debt I will kick bw legals butt too.
I’m getting harassed with a 157£ debt I have zero information about , it’s never said on the letters what it’s for or when ect just.. saying I have 30 days to reply or their taking me to court
This has helped me immensely, thankyou so much .God bless
How did you contact the court on line? I had to ring the court and they told me Lowell have every legal right to make a claim for the debt they bought from HBOS.....I have to defend this by paying £250 along with a Generic N244 form...This is a statute barred debt that the bank got me into originally by honoring a payment without there being any funds available,then continually charged me £5.00 a day, even after i contacted them in the first week. This was over 8 years ago...
When the court papers arrive, the instructions to do it all online are there. There's no papers to send. It is all online.
It's funny and stupid from these solicitor companies, you would think they will check all this out on day one before submitting to the court.
The whole system is a joke
i work on the premis of, thank you for paying off the debt, it is no longer in my name
And you cannot just bin it as they just take you round in circles, even when you make them aware(which they are) that it is statute barred. THEY have been taking me around in circles for 15 years with the same debt!!
Hey always buy debts that are older than 6 years old. I got caught out by them and now have a ccj from Northampton but it/they (court) can't tell me what debt it is
if its civil, I wouldn't worry as this so called court will be a bulking centre. my advice is to phone the court from the address on line and not the address they send you and ask the clerk if there is a warrant in your name. chances are there wont be and a civil claim cant be enforced. always check for a wet signature by a judge/magistrate on a warrant as without one its fraud.
There doesn't have to be a warrant. If they make a claim VIA THE COURT, and you don't defend it by telling the court using the response procedure, they can win by default. You HAVE TO tell the court your position, that is, you're defending on the grounds that it is statute barred. Once you've done that, the debt collection company HAS to substantiate their reasons to the court why it isn't statute barred. They simply won't be able to do this.
even so, there must be a wet signature from a judge. if not the case then any warrant is invalid and is fraud, see bill of rights 1689 and as a warrant cant be issued for a civil offence , there is nothing they can do, its all bluff.
Sorry, but that is just nonsense. This isn't a warrant. It is a claim for payment made through a court. If I had not challenged the claim, and told the court that the debt is statute barred, the claim would have been won by default,
if this is civil, then there is no law to force you to respond, so don't, its simple. a warrant of control cant be obtained for a civil offence and of you are worried google beat the bailiffs. also, see bill of rights 1689 which states that the only person that can demand money is the original creditor. this makes a debt collecter an unlawful interloper who is demanding money with menaces, a criminal act, along with fraud, which is custodial. meanwhile being in debt isn't a crime, therefore not a criminal act, unlike these debt collectors, but don't take my word, look it up, its very simple. google veronica chapman freedom , its free and lawful and will teach you how to win, within the boundaries of law.
@@chrisrainbow2393 cheers Chris.
around last year i received a letter by them about some unusual remaining balance in one of my old three network contracts and was given to them to deal with. Since then its been 1-2 automated emails each month sent to my email then straight to the spam file. Thank God with the use of the internet, knowledge is power and since I live in Northern Ireland I don't have to sweat it as its not enforceable here
It's worth noting that not all unsecured debts over 6 years are statue barred, irrespective of no contact with debtor. If a CCJ has been issued with-in 6 years of the first default payment, then the CCJ stays enforceable by law.
Please, someone, help me I am in the same problem with Lowell, 6 years ago I had a phone contract with Three company I lost my job and become homeless so I had no money to carry on with my phone contract. I explain to Three customer service but they tend to ignore and they were asking me for the remaining balance after that I ignore them so they send me a bill for £475 and now Lowell asking me for that money.
However, its been 6 years now but now I have a default account from Lowell I sent them a letter to remove it or prove me if I owe them any money but they send me an email says we need to talk to you, I call them today they asked me for my full name, address, Date of birth and extra details so I only said my full name and address but I refused to give them my Date of birth or any other details and they said we not gonna discuss anything with you unless you give us your date of birth and previews address.
Can someone tell me what should I do from here shall I give them my date of birth and other details or
I would be much appreciated if you guys help me
Don't give them any information that they don't have already. All they will do is add it to their files on you and use it against you at some later date.
Thank you for this information. I'm being harassed by these people.At the age of 72.
They can't inforce ANY debt.Also it is not a court.Don't DO ANYTHING
Good man.I have apparantly a debt from 1998 that have no recollection of.I still get letters from time to time of yet another collection company offering me to pay just 30 % of it
The debt was apparanty £120. They presumably only use the ellectral register to pester me.There is not even the name of the company I supposedly owned the debt to in the first place? Work that one out? This is the problem we face now with personal information being available to private companies .I could have panicked and thought" I dont recall any debt but must do".I will pay .Remember these companies then have your bank details.
Barratry malfeasance purgery. They would not want to step in a court if you have those cards to shout about.
Lowell is a company who buys defaulted or statue barred accounts, they are just a DCA debt collection agency. The most they can do is access your credit file and cause you issues in that manner. If your debt is atleast 5 years old then stat barred means by law they cannot pursue it. If you do not fall to the pressure give them the run around the account will get returned to original creditor after 6month period. If they put you under too much stress e.g. if you have very large debt they try hard to get paid on, then you can agree a paymemt arrangememt of £1p/m. Having worked for them and left due to them being very unethical, I can confirm anything you pay them is profit to them. Part paid debts e.g they offer you a reduced amount to close the account will still be reflected on your defaulted credit file. Do not make any paymemts to them. They tend to refer you to stepchange debt charity if they know you cannot pay any agreements. E.g. make sure your "priority bills" (gas, leccy, rent,etc) are above your income and say you manage by using overdraft and payday loans. Worst case scenario ring them stating you'll commit suicide due to pressure etc make it sound convincing in your voice, they will send the account back or close it down. Other things to look out for is the adviser errors eachtime you call keep note of date and time and information they give you, chances are they breach fca guidance due to the pressure on them to hit their monthly target specially towards end of month weeks 3/4. Never PIF (pay in full) and they cannot refuse your payment offer, upto minimum of £1p/m. Get your contact numbers removed and ignore post/emails, let time pass, nothing can be done by them apart from catching out unaware people.
Do not threaten to commit suicide because it could make them not take it seriously when someone is really thinking of ending it...plus you might get yourself sectioned
But they issued me with a ccj? Even though i never received any papers re a court case? Its from northampton court and i only discoverered it when i applied to buy a car and was refused due to this ccj.
@@banpowel9784 try using a different address? challenge the ccj? How long has it been on for? Your options are pay it in full within a month of it being actioned against you, this will get it totally removed, pay it in full after 30 days will get it marked as satisfied so not removed all together but shows you did pay in end, works in your favour fot small credit but wjen trying apply for a mortgage etc can cause issues, get the judgrment set aside by writing to the coyrt that issued it and flow their appeals process or final option depending how long been on your record wait 6 years will drop off. Sometimes may need to get credit score companies to remove it after 6 year period as may not auto drop off.
"If your debt is at least 5 years old then stat barred means by law they cannot pursue it."
1. The age of the debt is not the deciding factor. It's the continuous period over which there has been no written acknowledgement, or payment made to, the debt.
2. 5 years is for Scotland. For the rest of the UK, it's 6 years.
@@banpowel9784 Had you received any previous mail from them, at the same address?
If you hadn't then the court papers will have gone to the most recent address they have on file for you.
If the debt is statute barred they can't take you to court, all they can do is send letters and call you.
wrong mate ..they can and will put you in court..and win unless you defend the claim..bastards got a ccj against me over a year ago which i didnt even know about untill a few weeks ago..im now trying to have that ccj removed..all that was on a statute barred debt..
Well done and well explained my friend. Thanks for the information 🙂
I don't understand. If it's statute barred how can they bring you to court?
I had the same letters from Northampton county courts, I filed my defense online asking for proof of contract and that it was statute barred ect ect..they have acknowledged my defence and I have now received a "notice of proposed allocation to the small claims court".. Do I respond to this letter or not? I certainly don't want to fill the form in.
I have never had a credit card or bought anything on credit I have always used cash and if I don't have the cash I go without until I do.
these people have been sending me txts so I phone them and asked who they were? and how they have my number?
They wouldn't tell me anything except they are Lowell (like I'm supposed to know what that means) unless I can confirm my address! yeah right CLICK
I have no clue who these people are or what they want from me? I've never even borrowed a fiver.
OMG I found out I had a CCJ on my credit file last week,which was put on in 2019..I knew nothing about this,so have to contact the court now to find pout how??
I am at 5 1/2 years defended the claim once. They are now calling, emailing every day
Send the scum a Cease and Desist notice. Their conduct is harassment under the terms of the Protection from Harassment Act 1997. If they ignore that, you can sue them for harassment. But do remember to keep precise records of when they call you and when they email you.
I'm getting letters off these now, it says the money that they are trying to get is from way,way,way back in 2002 😲😲
Well it's statute-barred. Unenforceable in law so write and tell them so. Tell them that if they continue to ask for the money, knowing that it is statute barred, you will consider it harassment and will take action.
If you do get court papers, respond to the court explaining that the debt is statute-barred and you will automatically win. If you don't, they can win by default if you do not contest the case.
dobythedog Thank You for the advice
When did you last acknowledge the debt in writing, or make a payment to it, whichever was the more recent?
Should have counterclaimed the claim for misuse of personal data by pursuing a statute debt through court. But well done on getting it cancelled.
In the United states of america, debt collectors buy debt pennies on the dollar. For example, a collection agency buys $1000.00 debt for $14.00
yes that does not work i defended sent in info online and they just said i did not communicate to the dryden ltd and with out any cross examine i have a ccj. for a debt i do not owe.
i did via resolver and they decide just not to respond.
this company Arrow global - erudio - dryden all the same company they have so many shell companies it is disgusting
I hold the judge in contempt of court failure to do due diligence
Judges are inconsistent. Some will set these judgements aside while others will not. Some ignore evidence and even refuse you leave to appeal.
Unless you receive proper stamped court papers that are directly from the court do not respond. Especially when it's been a long long time since it was defaulted. This paper work from the Business Centre is to try and trick you into acknowledgement of the old debt.
Debt companies will try all kinds of underhand tactics such as creating interest separately so that if you miss one payment interest for the entire debt is added on which is immoral and low
Statute barring is 5 years in Scotland.
Quite right You need to defend the claim with the defence of it being subject to s5 of the Limitation Act . However please be aware that due to Doyle v PRA Group 2018 its now the default date that starts the 6 years running . Daft court of appeal decision
Tried this and they still put a CCJ on me,which I was not even aware of. Going to ask the court to put to one side. So much advice out there but I just do not understand the jargon..So conflicting and confusing
They where impacting my credit score for years and now it's been removed from credit score they are so stupid
That's great when you get the CCJ paperwork. Its the cheeky parking fine Twits I personally hate. I now have to pay £255 in fees to get a CCJ set aside, because the parking company sent the documents to the wrong address!!!
Did you end up paying
@@The_Creative_Workshop the £255 we had to pay the court as a set aside fee, so they would hear our case. The case was heard over two hearings. Our defence at the first hearing was we knew nothing about the CCJ or the parking fine, and we wanted it set aside until the parking company provided us with evidence of the alleged breach of contract.
The judge was having none of it, and adjourned for two weeks and told us to go away and file a defence. As it happens, the signage at the site was faded to the point of being illegible, and after reading the CPA rules, the parking company hadn’t followed the correct process before pressing the legal button (in cases where they cannot contact the defendant, they are now supposed to employ a 3rd party to track them down).
We did get the CCJ set aside, however we now have to send a questionnaire to the court to claim back the £255 from the parking company, which we haven’t done yet. I’m just glad my wife now has a clean credit record again.
@@monkeytutz2 out of interest the company I'm dealing with were unable to contact me and I have been contacted by a 3rd party. But I have no appeal now. Is that correct
@@The_Creative_Workshop What are the circumstances behind the CCJ? Did you know about it before it happened? Or have you only just found out about it? Best bit of advice I can give you is go on the legal beagles forum. There’s plenty of advice on there 👍
@Phil Tutz, is there anyway I can contact you. I am in the process of applying for a debt to be set aside also and would appreciate some guidance
All you need to do is, Dear whoever, statue bar debt, please provide proof that I owe this debt. Yours faithfully.
In Scotland debts are statute barred after 5 years.
Got one today for a old sky debt
These peeps rang me last week. Something to do with dvla.
I said i always pay my debts. If you can give me the original contract and proof of debt. Till then do one. They passed it on to another who I'm ringing sometime this week.
Northhampton Court by the address you said is a bulking center. It's not a real court with a real judge. A real court will summons you to defend yourself in court.
easy thing to do is keep them back to sender repeated and claim I'm not at the address. they stopped sending anymore letter cos it'll cost them more money and give up chase cos they need a proof that I'm at the property first.
6 years later, I get rid of them lol 😆
thank god im debt free, but where did the debt came from ???
Just wondering, I saw a similar case with exact (unsaid) threats in the form of paperwork & notices to one of the family memebers. Only diference is that the unpaid fine they cliam is less for the period within an year. She couldn't even remember the parking alleged parking offence.
Does anyone else have similar kind of experience and if so how to defend this kind because the date is very recent one , not some 10 or 10 yrs ago??
Go to facebook and join the site Private Parkung Tickets Help & Advice, if this is still an outstanding matter. Some great people on there giving good advice for free.
*parking😀
Financial pirates that what they are. The sad part is the owened by Pension Fonds that are looking for easy money.
They don't buy debt as debt can never be bought. Debt is an illusion. Ask them in what fiduciary capacity are they operating
I received a collecions letter after 7 years and tje account has been deleated from my credit bureau, they are telling me if I dont respond within 30 days they will think debt is valid. I feel not answering this since by answering I migh give them a window to state it is mine. I am not answering the phone calls. Should I just ignore them or respond? Oh they also have a clause atbthe end of letter which states they know it is over 5 years and they cant file suit... thanks
good won against lowells... then had cap quest on my back... they didn't respond to my defence and so case is stayed ... not a true victory..what i understand is they take it to court and the statute barred clock begins ticking again... is this right?
Absolutely not, The clock only resets if you acknowledge the debt in writing or make a payment. If it goes to court and is statute barred, you win. If you don't defend the case you lose simply because you didn't defend your position. This is why they take cases to court knowing that they are statute barred, hoping that you will not get round to filling in the court papers. If it's statute barred and you defend, you simply win. It is for them to prove it isn't statute barred.
REBELLIONETTE simply don't let them in. They can't force entry for a civil dept. They WILL say they can but they really can't. Just don't allow them in, ignore them and they will go. You let them in once, they can then force entry in future.
REBELLIONETTE no problem. Stand your ground and you'll feel instant relief when they back down. Stay strong.... (easier said than done I know btw)
I'm in the same boat, got a letter for notice of acting via overdales solicitors which was passed of from lowell with the estimated costs... Around 2 weeks later I get a letter of claim- 30 days to prevent legal action with a form that I need to fill in, these are not issued via the court and now I don't know what to even do, it's been a little over 6 years and those accounts are still active on my credit report without any payments made, any advice is appreciated
And? Where's your counter claim for stress, expenses, harassment? Missed a trick there
Lowell try this all the time,always defend a CCJ claim,they probably won't have the paperwork or records of original agreement.
They know its Statued Bared but will still haunt you for money as debt still exists but unenforcable in law..
Had problems with this co years at On a debt owed by the previous owner of our home 20 years ago Debt collections do not hold any powers at all.Its just scare tactics we caught these clowns and BW out so they got nothing
take them to court for your expenses in responding to the claim.
Heres an idea, pay ur credit cards/catalogues etc and you wont get these people chasing you.........just a thought!
Alias x i agree
Also agree really embarrassing people taking out debt they can’t afford then blaming people on trying to get it back
Better still don't get em in first place.
I have never had a credit card or bought anything on credit I have always used cash and if I don't have the cash I go without until I do.
these people have been sending me txts so I phone them and asked who they were? and how they have my number?
They wouldn't tell me anything except they are Lowell (like I'm supposed to know what that means) unless I can confirm my address! yeah right CLICK
I have no clue who these people are or what they want from me? I've never even borrowed a fiver.
Can they enforce a CCJ on me in court if you don't reply even though the orginal debt Is well over years 6 years old ?
Brilliant would love to get a copy of the letter you sent they are trying to recover a debt from 2009 to which I've be leave is identity fraud
It's in the video. Just a template letter a few lines long.
Ibe had one 10 years old but Lowell's crafty turned up 3 months after court had awarded in there favour that was first contact but already to late scumbags
I agree parasitic companies
Lol keep it up cost them as much as you can and then sue them if they cross the line
When a company buys a debt from another company the original company must send you a letter saying” debt sold to a third party don’t contact us only reply to third party communications “ this letter is called “ notice of assignment “ .its not up to you to contact original company .so if company A does not send “notice of assignment” you do not have to reply as it would be breach of data protection .in the same way for instance a man phones a company about any debt but the debt is in some one else’s name say wife girlfriend or their children they will not be entertained at all .do man says “ but they have given me permission to speak to you” company replies “ but we don’t know that” “they must send a letter to us giving us permission to speak to you”.this is also a “ notice of assignment “ it applies both ways they need it for same reason you do.that is to comply with data protection.just as when you get legal advice first thing they do is get you to sign said “ notice” even solicitors or CAB they can’t act on your behalf otherwise .dont fall for debt collectors saying something like “if you contact original company you owe money to they will tell you we handle it now”NO the original company must send you notice of assignment and send one to debt collection company.i do admit they will ignore you and just continue will process as its easier than doing it properly this is a valid defence used by me on several occasions .just imagine a debt collector having to recieve and store all signed agreements along with all notice of assignments before the write to you ( thousands every week)in stead it’s easier to deal with just name address account number and outstanding balance.!been watching sites like this a long time as well as newspaper consumer rights etc no one ever mention this point .try it it works it’s legally necersary .hope it helps
Also the Deed of Assessment must contain 3 signatures on it, 1 being yours.
Are you still active on this account
You misunderstand these companies they are funded by investors for a return of the profits they have 10s of thousands of bought debts which they have paid as little 1p on the pound. Get some old lady to pay be DD at 5 quid a week and times that by thousands give you some idea of the money they make. You are just another debtor to them.
Am on doing. The letter now thank you
A template of your'rer letter would be fantasutc
How do they win if they don't ever reply to anything
I get these and the debts are not mine but same name as me.They are debts from other addresses and I have lived in current address for many many years.
I've actually taken them and their related companies to court 4 separate times for 4 separate debts and they have backed down each time.
I have 1 CCJ against them and the most recent payment from them in 2018 was £6000 as they had a mickey mouse debt they filed a default on my credit file that had no evidence to support it.
Well done, challenge these charlatans wherever you can!!
Good on you mate. I am currently working on a PCN. But I want to take the CEO and directors down as their notice is fraudulent.
What if u panic and make a payment, and sign the dodgy looking court form.... I did I panicked... They mentioned bailiffs etc
Well I panicked even more when bailiffs did turn up at my door and took my TV playstation and two mountain bikes. Out of all debt collectors Lowell are most serious
If you answer the door they have the legal right to enter your property. Just don't answer the door to no fucker you don't know
I've fought of lowells with two statute barred debts. Them fuckers don't harrasse me anymore thank fuck but like dobey the dog says in the video you can't let these poison debt collectors win you have to defend yourself against these pricks. If you start making payments again or admit to owing the debt its like he said you automatically lose. Seeing these horrible companies lose is great. They don't give up with their dirty tricks these scumbags
@@devongreen3650 You can answer the door, but you don't have to let them in. Never, ever let the bastards in for any reason. It has been known for them to ask to use your loo or to fake illness in order to be let in. Don't fall for it. If they genuinely need a pee let them piss their pants. If they try to force past you they are committing an offence.
Northants county court business centre is not a court ,
Hi my name is Jeffery from Blackpool I live in a tent in the back of a van and struggling the bailiff is threatening me to take my belongings for a parking ticket I never reserved eney paperwork until 2 years after and straight away you demanded 150 then 350 I was parked out side the homeless buildings to get somewhere to live at the time I was living in the back of a car I did by a ticket so I wasn't avoiding my responsible but in the queue that long the ticket ran out I offered to pay on the day but the council couldn't take the payment then 2 years later I'm being asked to pay 350 pounds I live on 14 a week and had heart surgery at this time I thought the council was going to give me chans to pay the anishol amount but all thay say is deal with the belief wiy do we give them the power to bully us its rong were is the humanity wat can I do please
Do you have a link to that letter you sent to the courts about saying its a barred account? Never mind I just googled it and found it. I will make sure to do this as I got cough out and after it went to court I still had to pay. But this time I am ready. Thanks for the video and information.
Can they take you to court even if the debt is after status barred limitations?
if its a civil matter just return to sender
Why bother writing on the envelope and making a trip to the post box? Just put the letter in the bin. Simples
Mines gone from £40 to £80 to £100 to £230 to £40 to £80 now I think . I’m not at any address. Unless it’s my ex who took everything I own and doesn’t pay for the kids that live with me lol and she got the house 😂😂😂
Parked at a gym for under 3hrs in 2021 and received a parking fine (says if you sign in on the tablet you can park for 3 hrs).
Fast forward 2 years and several letters torn, I get a letter from BWlegal for a letter of claim to take me to court?
Should I respond to the letter, one of the options is I dispute the debt but as I've read online not to fill anything in?
You should always challenge the debt otherwise u lose they presume you're guilty