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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been out the country years and since coming back

Resolved Question:

I have been out the country for 8 years and since coming back we have been sent a Proposed allocation to the small claims track is this correct is I understood if you had no contact for six years then the debt was written off?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What was the claim for?

Customer:

We are not sure what the claim was for as it came from Lowell Portfolio

Ben Jones :

Well did you have any dealings with them before you left?

Customer:

we had no contact with the UK from 2007 until our return in 2014

Customer:

we believe we did not leave any debt as we sold our house and the money forwarded straight to us

Ben Jones :

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?

Ben Jones :

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?

Customer:

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

Customer:

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

Ben Jones :

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.

Customer:

we have been sent a mediation form what should I do with the form?

Ben Jones :

you do not have to do anything about the mediation, that is a voluntary process anyway

Customer:

so i will still need to fill in Box C1 as the letter says it must be completed by March 14th

Customer:

or do I wait for the small claims order to come in

Ben Jones :

which form is it, what is the form number?

Customer:

Its a N180 with a EX730

Customer:

and a letter of Proposed Allocation to the small claims track

Ben Jones :

it would be the small claims track so agree to that in C1

Ben Jones :

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

Customer:

Ok so I write in that box that I disagree with the debt

Ben Jones :

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

Customer:

sorry quick question will this affect our future credit history?

Ben Jones :

only if they win and obtain a county court judgment against you which you then fail to pay

Customer:

And yes you have been very helpful and put our minds at rest

Ben Jones :

glad to hear it, wish you all the best

Customer:

thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46168
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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