Unknown payments by lewis group!?

pablolfc

Hi,

in 2004 i took out a loan with a loan company and then had a bad health turn and had to leave my job and unable to make payments (last one made by me in 12/2005! The loan company never chased me for the payments so i left it be, then two weeks ago a letter came from county court asking for my defence. I informed the court that the loan was statute barred and waited for the judgement. today i received a letter from the debt collection people stating i made payments in 2008 which they sent me a statement for and the payments have been made by "Lewis Group" to the tune of £2500. What do i do? I never made these payments and never agreed for debt mangement company to manage my debt? can this be right? and is the debt statute barred? can anyone inform me?

Thank you

rageagainstessays

http://www.consumeractiongroup.co.uk/forum/showthread.php?99170-The-Lewis-Group

ALIBOBSY

As Sam has pointed out lewis group are basically a debt collector.
I would write back and restate you have not made any payment for this alleged debt since 2005 and that the payments they state were made in 2008 are unknown to you and definately not from yourself (debt collectors have been known to fudge payments or even just make them up to reset the statute barred clock).

If they pusue it to court I would defend in person and take proof of the illness and bank statements to show the judge you were not in any fit or financial state to make a payment of that size in 2008.

As you didn't make the payment they will not have any proof you did make it so its highly unlikely a judge would overturn the statute barred status based on an unproven payment.

It would appear they have seen your defense and are probably trying a last ditch attempt to scare you into paying up.

Given that this is in court now, it may be worth posting over on the CAG forum. They are a much more litegeous lot of there and know how court procedures work. They may be some way to force the judge to throw it out on the statute barred status straight away?

Good luck
Ali x

DCFC79

You dont have a say if a debt collector is involved but if your sure you didnt make payments in 2008 then follow advice above.

nottoolate

dear collector

as you are aware the lewis group are debt collectors so any payment you claim was not made by myself or my representative.

under section 29(5) of the limitation act 1980 a fresh accrual of the cause of action can only occur when a payment is made by the person liable for the debt or their appointed representative.

as the payments you claim were not made by myself or any appointed representative then this debt remains statute barred.

i note your deliberate attempt to mislead myself regarding the legal status of this debt. this will be reported to the office of fair trading and will be brought of the attention of the court.

balmk

nottoolate wrote: »

dear collector

as you are aware the lewis group are debt collectors so any payment you claim was not made by myself or my representative.

under section 29(5) of the limitation act 1980 a fresh accrual of the cause of action can only occur when a payment is made by the person liable for the debt or their appointed representative.

as the payments you claim were not made by myself or any appointed representative then this debt remains statute barred.

i note your deliberate attempt to mislead myself regarding the legal status of this debt. this will be reported to the office of fair trading and will be brought of the attention of the court.

That's fine - just take out the last paragraph as you cannot prove at this point that it is a deliberate attempt to mislead.

shedhead55

How about:
"Should it become apparent that there has been an attempt to mislead ....."

chanz4

were the lewis group previously collecting on behalf of the oc though?