Final Demand from Lewis Debt Recovery

Gemmzie

Thanks again

paulo1888

I received a Final demand last week. Thank god for that. I thought they would never give up.

Gemmzie

Another new company, re: HSBC loan This time Howard Cohen & Co. Solicitors. It's a notice of pending legal action. Preparing court papers etc. Threatening to add £290 in legal costs.Threats of CCJ, bailiff, employer notified (he's self employed so not really a problem) and a charge on the property.

Now what do we do?

flugella

Howard Cohen are another branch of Lewis - they have the same address, phone number and everything. I would resend the letter to Howard Cohen and also quote the OFT requirements above.

From personal experience, Howard Cohen and the Lewis Group tend to be very quick to go down the county court route but if the debt is in dispute then I'd get the OFT involved.

rog2

flugell is correct, gemmzie - Howard Cohen is part of Lewis.

This is one example of 'misleading a debtor' by calling/writing under the guise of another company, in order to create confusion as to who the debtor is actually dealing with.

Even IF they were another separate company, Lewis would have breached the already broken OFT guidelines by passing your details to them whilst they were 'in default'.

If it came to the County Court, they would not have a leg to stand on.

However, send 'Cohen' a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter.

Then report the whole dammed lot of them to the OFT :mad: :mad:

RobertoMoir

What rog2 said.

A lot of these DCAs will send you letters from a dozen different companies, eadh with a slightly more scary than the last. Often these different companies will be a row of desks in the same office answering to the same boss, or even more likely the same person at one desk answering the phone in different ways depending on what you say when you phone them.

moneybuster

i sent a 12+2 letter to crap one and have heard nothing from them (well i said it now) but didn't send the 12+2 letter to the other creditors we thought the letter could wind them up but the others have defaulted me and are passing the debts onto collectors is it to late to send the 12+2 letter ???


regards MB

Gemmzie

Thanks guys, so the dispute letter Rog mentioned is the same one that I sent the last time to their Lewis department?

Crafty whats-its. :mad:

OFT reporting will be done too.

rog2

moneybuster wrote: »

i sent a 12+2 letter to crap one and have heard nothing from them (well i said it now) but didn't send the 12+2 letter to the other creditors we thought the letter could wind them up but the others have defaulted me and are passing the debts onto collectors is it to late to send the 12+2 letter ???


regards MB

It's NOT too late to send the 12+2 day letter, although you do not HAVE to send it to put the creditor/dca 'in default'.
If they failed to provide you with a compliant copy of your original cca, within 12 working days of receipt of your request, and payment of the £1 Statutory Fee, then they will be 'in default' - whether or not you have sent the 12+2 day letter.
If that is the case and they have 'passed the debt on' to another DCA, then send a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter.
If they have entered any defaults, you can ask them to remove them.