natwest credit card and the debt collection angency

cc99

No news is good news. DO NOT CONTACT THEM let them contact you and if or when they do, let us know on here BEFORE you respond. Play the waiting game if they had a legal right to collect this money they would have done so by now, so stop worrying;)

Fallenangel152

kurjam wrote: »

hi fallenangel152, have you heard anything from apex ?? i have not heard from them and there website is under construction....

I've never had anything from Apex, all mine has been through AIC ... So far ....

kurjam

lemma1968 wrote: »

I'm in trouble with Natwest too but through Fredricksons. I have CCA'd them and the 12+2 days passed on the 26th July - I know its scary holding out cos it goes against everything we are used to e.g. ignoring letters of demand from these people - but they would expect us to do the right thing legally, they too have legal obligations and we must make them stick to them.

We are on a similar timetable with it so we can weep or rejoice together:rotfl:

how did you get on with your cca and fredricksons have you had to start paying them or have they gone quiet ??

kurjam

hi all , well apex have gone away and i today got a letter from someone else it reads as follows, it from a lewis debt recovery.....

notice of assignment.
acc ref 4*** **** **** ****
we hereby give you notice that natwest have by an assignment dated 19th december 2008 and made between natwest and cl finance ltd assigned cl finance ltd absolutly a debt in the sum of £533.91 due and owing by you to them for the balance due under account refrence 4*** **** **** **** and you are required to pay the same to the benefit of cl finance ltd acordingly.
jan 30th 09
dear ********
we act for cl finance ltd, our instruction are to take action against you for recovery of the sum of £533.91 which is now due to cl finance ltd.
this action can only be stopped by sending full payment no later than feb 6th 2009


so what do i do now ???
what does all this mean, apex offered me a reduced payment and now it looks like its been sent to someone else.....
your help appreciated, what letter do i write to them ??

rog2

Hi Kurjam - this has, quite frankly, gone on long enough - you need to take some very firm action now, otherwise you are going to be plagued by dca after dca for ever.

1. Send lewis debt recovery the letter that RAS has posted in post 226 of this thread.
2. Forget all about 'settlement offers' - whoever makes them. These 'cowboys' have seen you as a 'soft target'. They are now acting illegally in that your information has been passed on to yet another dca in direct disregard of your rights under the Data Protection Act.
3. Report Lewis Debt Recovery to the Information Commissioner: www.ico.gov.uk/complaints.aspx

This account, and action taken by any dca to pursue it, is in default. NOBODY has been able to produce the original executed cca, yet they continue to hound you - amazing.

RAS

More ,like ortrageous.

Kurjam. Send lewis that letter (post 226) and report Cl finance and lewis to the Information Commisioner.

10past6

rog2 wrote: »

Hi Kurjam - this has, quite frankly, gone on long enough

If your complaint is upheld by the ICO, don't forget to SUE those that have passed your information on.

cc99

Hi kurjam
This just proves that the debt is unenforcable as they have now passed it on to Lewis DR and cut their losses passing the unenforcable buck! Take heart that there is no original agreement to produce and a court would throw it out if it ever got that far (and it wont)! Rog is right you have to have to take action now, inform Lewis that they are acting illegally and report all concerned to the Trading Standards.
Remember, if you pay 1 penny you admit this debt, they have no legal right to chase you.

Please look at this site for more help and information and learn how to deal with these morons once and for all.
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry

Good luck
CC99

kurjam

thanks all once again for your help, having looked through the internet on other forum sites, it seems that lewis like to issue court summons very quickly..... the also like to get ccj`s very quick...
it seems these are big bullies, one of the worse credit companies...
and finance ltd are the same company as lewis......

cc99

Kurjam,

I have read this too, but if you look closely you will find they issue court summons in the hope that that they panic the debtor into paying and go for CCJ as it is the ONLY way they can chase this debt legally once a CCJ is issued. However,if it was defended and went before a judge unless they could supply the proper CCA and documents then it would be thrown out of court. If any other company have failed to produce these documents the chances of Lewis doing this are truly zilch. They ONLY issue court action in a case where they have NO legal right to collect in the HOPE that you WONT defend it and they get the CCJ by default. I have read many times that the moment the action is defended they dont turn up in court or drop the action all together.
You have to sort out the situation as Rog said write to Lewis and tell them they are acting illegally as they are chasing a "Disputed" debt that the previous DCA Apex could not produce the correct documentation for. Report Apex and threaten Lewis that you will report them too,
You could always action another CCA request or SAR to Lewis but as Apex never supplied this and then passed the debt on Apex have acted illegally and Lewis have no legal right to collect this money..

If you have gone to the Consumer Action Group website forum may be worth starting a thread on that as there are some incredibly knowledgeable helpful people who can sort out this whole mess for you.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry

Plesae look at the "Won" sticky threads on this site it will show you plain and simple that these bully boys who are acting illegally will not be entertained in a court of law. Knowledge is power, read, learn and fight with the support of that site behind you and you will win. Also please dont be scared about Court as you have the upper hand here, I will say this again THIS DEBT IS UNENFORCEABLE...you MUST now show these morons you are the one with the power and the law on YOUR side!
Good luck

PS>

I know it is hard to fight when you are worn down and depressed over debts and that is what these companies hope for, but empower yourself and get to know your rights,
once you do I pomise you will find that stregnth needed to take these bully boys on!