The Lewis Group

[angelfizz]

Hello All
I am a newbie on here so if I am going over old ground, please can you point me in the right direction!!
I have various debts, most of them paid off. I now have received a nasty letter from "the lewis group" on behalf of Next Directory. Basically I sent a letter and postal order by recorded delivery on Wednesday, to ask for my CCA. Phonecall Thursday, to say they had received my "£1 payment", no mention of the CCA. So I told them that they must have received the letter if they had the postal order, and I expressed on the letter that the p/o was for my CCA. Anyway, he ended up telling me that this would take a few weeks to arrange, so I said you have 12 days mate!
Phonecall this afternoon, to say that I have to go through next direct if I want my CCA, as they are only "acting on behalf of next" and have not bought the debt. They said that they will fully pursue the debt and are preparing court documents now ( i only missed one payment with next, in May, and have received these nasty letters). What I need to know if you guys can help me is:
Where do I go from here?
Are they right in saying I have to go through next?
If they havent bought the debt, why are they chasing me?
I thought I was being brave asking for my CCA and now I am completely lost!!
One more question. Are they allowed to pursue the debt if I am in the process of asking for my CCA and should I send a letter asking them to hold all action?
Oh I am confused (and a little scared!!)
Please help!!
Vici xxx

[caledfwlch]

From reading other threads, it seems that as Next's representitives, its is the Lewis Groups responsibility to forward your CCA request on to their Client, so you do not need to do anything, the clock is still ticking, if Lewis Group fail to pass it to their client/inform them of it, that is between the 2 of them.

[Curlyben]

Lewis are quite easy to get rid of.
Don't panic you are still getting their template letters.
Simply keep pushing for the CCA and they will buckle.
You'll probably get a letter from their paramilitary wing Cohen, simply refer them to the non-compliance of your CCA.
Took me 5 letters to get rid of them.

Nect have also defaulted on my CCA request, so when they ask for payment again, I'll be on to TS for some action.

This was the last letter I sent them:

In response to your letter dated April 3rd, I refer you to my letters of February 9th and March 3rd, where I made a formal request under Consumer Credit Act 1974 (Section 77-79).

I advise you that on 1st April 2007 you committed the offence laid down in Section 77(4)(b), and that as per Section 77(4)(a), you are not legally entitled to enforce the agreement.

The Consumer Credit Act 1974:
S.77(4) If the creditor under an agreement fails to comply with subsection(1)
(a) he is not entitled, while the default continues, to enforce the agreement;
and
(b) if the default continues for one month he commits an offence.

It is also my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

It has also come to my attention that as you are unable to supply any documentation that you will also be in breach of the Data Protection Act, and as such you should no longer be proccessing any data in relation to me.

I now have the option of reporting you to the Office of Fair Trading and Trading Standards in relation to these matters. However, prior to doing this I am giving you the opportunity to suggest an acceptable conclusion to us both in this matter. Please be advised that if you follow up to this letter with further threat/s that I will not hesitate to take matters further and as suggested and without further notification. Possible legal action may also follow.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

within a week I had a real letter saying that they wont be bothering me again

Admittedly I quoted the wrong section as it should of been 78 (variable) not 77 (fixed), but hey ho.

[angelfizz]

Thanks for the advice!
They keep ringing me, do I have to speak to them or can I just say I am dealing with it via letter?
And what happens when the 12 days are up (is it 12 working days lol)
Vici

[Curlyben]

After 12+2 WORKING days the debt is unenforceable.
What you really want is ONE month later, as it then becomes a criminal matter with a £2,500 fine and/or 3 months inside.

NEVER talk to them on the phone, EVER. It takes balls to talk to a DCA and alot of research.

[angelfizz]

Thanks Curlyben
You have made me a little happier. Just set the clock ticking!!!

[Jhawc24]

Originally Posted by Curlyben

Admittedly I quoted the wrong section as it should of been 78 (variable) not 77 (fixed), but hey ho.

Sorry for butting in but what did you mean should be 78 (variable) and not 77 (fixed). Just asking cos I'm just writing to Lewis now making a cca request.

Regards Joan

[Curlyben]

CCA74 s77 covers FIXED value amounts, like loans, where as s78 covers VARIABLE amounts, like credit cards and catalogue accounts (Next) where the limit can change.

Hope that makes it clearer.

[Jhawc24]

Cheers thanks for that

[beautifulday]

So can anyone please clarify, in instances where a Creditor has sold or passed a debt to a DCA - should the S.A.R letter & £10 fee be sent to the original creditor or to the DCA?
I am trying to claim from Blackhorse Finance who say that the Lewis Group are now the data controllers for my account? I am also claiming from Capital One who say that Robinson Way are the data controllers for my account?
Please help?

[angelfizz]

Hi all,
Many thanks for the invaluable advice, I have received a letter from Howard Cohen solicitors, advising me that they are preparing court action. Although 12 days have passed, it is not the 30 days that are up yet, that will be in August, does anyone have any advice/help in writing a letter to them regarding the solicitors letter? Also, they are phoning up to 5 times a day, I havent answered the phone and I have switched the answerphone off, so they cant leave a message, but it is really starting to bug me
I feel like answering the phone and telling them to bog off!! Is there a letter I can fire off which can stop them ringing??
Thanks guys
Angel x

[Curlyben]

There is indeed.
Try this one: Reporting Harassment post #7
The whole thread is pretty good.

Concerning Cohen, without the CCA they are stuffed if they try any action as lack of an signed, excuted agreement is a complete defence in court.

[CharmedAngel]

Hello All,
I am totally new to this and really need some advice. I recently had a vist from someone saying they were from The Lewis Group and that they were collecting a debt on behalf of Barclay Card and that a CCJ had been issued against me. I have not had a Barclay Card since before my divorce which was 6yrs ago. They want a sum of CASH (no cheques or debit cards) within the next 10days then I have to contact the acting solicitor to arrange payment of the debt. Could someone please advise me
Thank You
CharmedAngel