How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Hi, I am being hounded by a company called Lowell who claim

Resolved Question:

Hi, I am being hounded by a company called Lowell who claim I owe £19k for a debt incurred over 10 years ago, any loan I took out at that time was in joint signatures with my now ex wife, who lives in Belgium. They are threatening County court action now. My question is am I liable, alone , to settle this debt, the details of which they have not divulged, or should they also be pursuing my ex wife too ? How can I get these goons off my back ?
Thanks
Jon
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is this the first time they have chased you for the loan in the last 6 years?
Was the loan unsecured?
Kind regards
AJ
Customer: replied 2 years ago.

hi AJ this is the first time its come to light yes merely because i was stupid enough to register on the voters list I guess. I cant remember but I think the loan must have been secured on our property for that amount , and our house was repossessed !

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
When the loan was secured against your property and your house repossessed - was the house not sold and the loan repaid?
Kind regards
AJ
Customer: replied 2 years ago.

well you would have thought, to be honest our lives were upside down, our marriage was on the rocks we were told to leave the house it was repossessed by I think southern pacific and we walked away, I certainly heard nothing more from anyone until about two months ago when this when this ccompany started sending letters

Customer: replied 2 years ago.

id you get that reply AJ ?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The main issue is without seeing the paper work it is difficult to fully comprehend what your rights are.
If we assume that this was a secured loan that caused the repossession of your home - then it has in part been repaid.
If this debt recovery company wants to pursue you, they have to prove the debt. Have they given you any evidence or paper work of the debt?
The other issue to note is, if the charge over your home was used to obtain any an order for sale - any left over debt that was not repaid from the proceeds, would become an unsecured debt - accordingly the Limitation Act 1980 states that any creditor would be statute barred from claiming this after 6 years.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

so would you suggest I contact them asking for complete details of the debt or ? And should they be pursuing my ex wife too as a co signatory?

thanks

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
I am just typing a practical response now this may take me 15-20 mins so please do not be concerned if you do not hear from me right away.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Dealing with each point in turn:
1. Your ex wife - I cannot confirm this without seeing the documents but I suspect your liability is "joint and several" (in fact it is almost certain) - this means they are entitled to pursue one or both of you for the whole debt. You cannot force them to chase your ex wife. That said if they did successfully sue you, you would have the right to sue your ex wife under the Civil Liability (Contribution) Act 1978 for half the debt.
2. Dealing the debt company - I would write to them as follows:
- Say you are appalled that they have provided no evidence that this debt is still due and owing or any supporting documentation - which they would be required to do if they wanted to bring County Court claim;
- Say that given the age of this alleged debt (which you believe to be unsecured) - say that it is statute barred under the Limitation Act 1980;
- The fact that they are pursing you for an alleged for which they have not provided any evidence, you deem this unlawful harassment under S.40 of the Administration of Justice Act 1970 - which is a criminal offence;
- Say to them that if they continue to chase you, you reserve the right to report the matter to either the police or Trading Standards.
If they still go ahead an sue you, they will need proper evidence and documentation that the debt is enforceable. If they can provide this you will have to defend or respond to the claim if they issue a County Court claim.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you