Final Demand from Lewis Debt Recovery

Gemmzie · 10 July 2009 at 10:12AM

We've received a final demand from Lewis Debt Recovery on behalf of CL Finance LTD. This is a HSBC Loan. We've CCA-ed CL Finance and had very little response.

They have removed the charges which appeared by magic on one CL Finance statement.

What now?

It's threatening a CCJ or bailiff

Gemmzie · 10 July 2009 at 7:18PM

*bump* Anyone help?

We have until the 14th to respond and make a payment (the letter came yesterday).

RobertoMoir · 10 July 2009 at 7:25PM

They can't threaten a CCJ or a bailiff. For a debt, a CCJ is required before bailiffs can be instructed to act, and you could go to court for the CCJ to dispute it. It isn't like you're going to wake up tomorrow to find someone in your garden salivating at the thought of taking your TV. They're just talking things up to scare you into giving them what they want without any more hassle.

What's the actual issue here, do you dispute the debt? Is this an ongoing issue and you're asking about this particular stage in proceedings or is it something you've only just had turn up?

RAS · 10 July 2009 at 7:29PM

Hi

As long as this debt pre-dates April 2007, in the absence of a CCA, you can challenge any attempt to take you to court.

I would be inclined to send Lewis a copy of the letter boolocking them for taking on a debt which is in dispute.

The OFT have hobbled one DCA recently for pursuing disputed debts.

Gemmzie · 10 July 2009 at 9:27PM

RobertoMoir wrote: »

They can't threaten a CCJ or a bailiff. For a debt, a CCJ is required before bailiffs can be instructed to act, and you could go to court for the CCJ to dispute it. It isn't like you're going to wake up tomorrow to find someone in your garden salivating at the thought of taking your TV. They're just talking things up to scare you into giving them what they want without any more hassle.

What's the actual issue here, do you dispute the debt? Is this an ongoing issue and you're asking about this particular stage in proceedings or is it something you've only just had turn up?

We did dispute the added charges but they seemed to have disappeared again and the PPI which they never gave a breakdown of, so we CCA'ed them and have heard nothing since.
Asking about the actual handover to another company and this stage.

Thanks RAS - is there a template about for that?

fermi · 10 July 2009 at 9:47PM

To Lewis Debt Recovery as the "New DCA" re: CL Finance's (Old DCA) failure to comply with the CCA request.

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original DCA** and has been since DATE.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As **original DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

Recently, in imposing 'requirements' on several collectors, the OFT have confirmed that failing to supply an agreement under s77/78 CCA1974 constitutes a valid dispute, and as such all debt collection activity should cease until it is complied with.

After taking advice, I am of the opinion that any continued pursuit is breach of a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

fermi · 10 July 2009 at 9:53PM

As you can see in this thread...

http://forums.moneysavingexpert.com/showthread.html?t=1639473

the OFT is requiring debt collectors not to pursue debts while in dispute.

and they say that:

A debt is considered as in dispute where:

a) it has been reasonably demonstrated that the debt has been
previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c) it is reasonably believed that the debt may have been incurred as a result of identity theft or fraud; or

d) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

Gemmzie · 12 July 2009 at 12:43PM

Thanks Fermi, is the date of original dispute the 12+2 date?

fermi · 12 July 2009 at 12:45PM

Gemmzie wrote: »

Thanks Fermi, is the date of original dispute the 12+2 date?

Yep.

.......

Gemmzie · 12 July 2009 at 1:00PM

Working days or just days? It was sent 20th Feb. Just want to double check

fermi · 12 July 2009 at 1:02PM

Gemmzie wrote: »

Working days or just days? It was sent 20th Feb. Just want to double check

Working days.........

Final Demand from Lewis Debt Recovery

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