Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What was the claim for?
We are not sure what the claim was for as it came from Lowell Portfolio
Well did you have any dealings with them before you left?
we had no contact with the UK from 2007 until our return in 2014
we believe we did not leave any debt as we sold our house and the money forwarded straight to us
ok but does the name of the company not ring any bells in relation to dealings you had before leaving? Does the claim form not actually state what they are claiming from you?
have you admitted to owing any of the debt you are being pursued for? Have you made any repayments towards that debt whilst you have been away?
no the name lowell does not ring any bells the courts papers state that its from LLoyds bank for 2598.78 been claimed by lowells
we have not had any dealing financially to the UK the whole time we were away and no we have not agreed to any of the debt
Lowell Portfolio is a debt purchasing business, which buys existing debts from banks, credit card companies, utility companies, etc and then becomes the creditor to who the debt is owed and directly pursues the debtor. In this case it appears that they have purchased a debt from Lloyds and are now pursuing you for it. You are correct that unsecured debts have a limitation period of 6 years, which means that the claim must be made within 6 years of it becoming due. If you have been out of the country for 8 years then that limitation period is most likely to be satisfied.
There are however a couple of exceptions that extend that 6 year period and those are if you have either admitted to the debt at any time within the initial 6 years or have made a repayment towards it. If either of these has occurred then the time limit would restart from that point and the creditor will have another 6 years to pursue it.
However you have said that you have done neither of these so it should not be an issue. You can respond to the claim by stating you do not recognise the debt as yours (i.e. do not admit to it in any way) and that in any event the claimant would now be time barred under the Limitations Act 1980 from pursuing this as the debt appears to be more than 6 years old.
we have been sent a mediation form what should I do with the form?
you do not have to do anything about the mediation, that is a voluntary process anyway
so i will still need to fill in Box C1 as the letter says it must be completed by March 14th
or do I wait for the small claims order to come in
which form is it, what is the form number?
Its a N180 with a EX730
and a letter of Proposed Allocation to the small claims track
it would be the small claims track so agree to that in C1
just fill in the rest of the details in minimum detail and return it. Further correspondence should follow and you can then deny the debt as mentioned above
Ok so I write in that box that I disagree with the debt
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
sorry quick question will this affect our future credit history?
only if they win and obtain a county court judgment against you which you then fail to pay
And yes you have been very helpful and put our minds at rest
glad to hear it, wish you all the best