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Nicola85

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  1. I don't quite know what to make of it, but I recieved a letter from Howard and Cohen this morning. It really is quite ammusing to know that when they don't get their own way they throw their toys out of the playpen. Dear ... We refer to previouse communications in this matter, in particular to your recent letter. "Handed to a debt collector masquareading as a balliff and gave him instead of money." Your comments have been noted. "In other words... please don't bully our hired debt collector who came to bully you." The court confirmed you were liable for the judgement and the outstanding balance in May 2010. "CORRECT... I also reserve the right to vary the judgement order and make an offer of payment to you and will be decided by the court if offer is refused by you. Fools" Payment in full can be paid by August 2010. This will stop any action being taken on your accoun tand the pre-enforcement agent will cease action. "Offers of payment will be decided by the court. All action has been stopped anyway by filling the N245 and if an pre enforcement agent calls, I shall give him short shrift next time just like the last. What fools. Can anyone give me any advice on the letter that I recieved or shall I just forget about it and add it to the pile I already have mounting up? Thanks.
  2. I have better news today. I met the debt collector today from the lewis group and instead of handing him over any money, I told him the matter was now in the hands of the courty court and all warrants now and in the near future under the case number were suspended. I also handed him the letter that denied him or anyone else from the lewis group a dorstep visit. I can't say that he was amused but tough luck. I just got told that he would pass the debt back as uncollected. Sounds like a win to me. I feel like I've been given space to breath.
  3. Am i right in thinking now that I've submitted the N245 form warrants are suspended and there can be no action by any kind of balliff? Or do I have to wait for the creditor: CL Finnance to accept or refuse my offer or for the court to advise a repayment plan before a warrant is suspended.
  4. I plan on going to the court tomorrow and submitting an N245 with attached I&E along with the EX160. I'll also send that letter to the Lewis group denying their right to visit me. Also I've been taking a look through the forum to give you more information about my sittuation and I've come accross this: Pre Baliff from Lewis Group Can i ask, was the document with your details on it YELLOW? Can I ask you what this yellow document is? If so this is how a collection is made usually after a court has given payment instructions and they have not been stuck to. If a court have set payment instructions,that have not been adherered to. Are you saying that a broken court order would result in a DCA collecting? The collectors have very specific instructions. They have 28 days to collect or return the account. The amount you will need to pay is £122.00p 22.00 is the charge made for sending the collector. Who sets the £22 fee? The £100.00 is taken off the outstanding balance. The debtor on paying this, in cash or direct with a card. Would not recommend that anyone pays cash,or allows anyone to obtain their card details at the door. Interesting that you dont mention receipt, and state card.... but am sure that you are aware of oft guidelines. So presume you do not mean credit card. Is given the option to set up a standing order. If they choose not to, then the DCA will give the debtor a reference number torn from the document he holds. This reference number has the number to ring to arrange payment ( the standing order minimum amount is stated on the document, if you cant pay it you need to deal direct with the office.) Again not recomended that you give a dca bank details and keep all communication in writting, so there is no room for error. During the visit, if you cant pay in full or monthly, the DCA will assess weather a bailiff could seize the value of the debt in goods, So we presume that your eyesight is that good,that you can see goods from the doorstep? and not only value the goods, but know that they do belong to the debtor and that they are not on hire? Weather your willing but unable to pay, or weather you can but dont want to pay. Your reference number will reflect this, and the guys in the office will see the DCAs decision. The reference basically tells the office weather its worth going down the bailiff route. Depending on the reference and the call to the office, they will decide how to deal with the case. BS. EITHER way, NO DCA from that company should have threatened to come back with bailiffs. If you ring the Lewis Group, within 28days of having this DCA call, they should have the info you need, i see this is an old post though, so i would be interested to see what happened next? This is what happened to me. The guy had a yellow piece of paper with barely any ink on it that could be read. He asked for the £122. I said I cold not pay that money but he still wanted the full ammount of the debt owed and I had 28 days to pay and he would come back just before the 28 days were up to collect the money from me even though he could see I have nothing. If I didn't pay up before the 28 days he would send the account back to the Lewis group and they would instruct balliffs to come to my home. Any thoughts?
  5. I recieved the CCJ on the 12th June 2010 and I have not paid anything because they are asking for the full ammount. May 2010 - JUDGEMENT FOR CLAIMAINT (IN DEFAULT) recieved To the defendant, You have not replied to the claim form. It is therefore ordered that you must pay the claimaint £00000000 for debt (and interest to date of judgement) and £000000 for costs. You must pay the claimant total of £0000000 forthwith. Why have they not sent a warrant of execution yet if I have not paid?
  6. DETAILS Signed credit agreement in 2005 for Frasercard. Purchased bits and pieces on storecard from 2005 - 2009 Defaulted on payments to storecard July 2009 because of difficulties with regular income. Since defaulting on payments. Small token payments were made to storecard and company was contacted and told of difficulty I had paying minimum payment. Income and expenditue sheets should of been sent out and never were. Token payments stopped October 2009 when I could no longer afford them. Letters were sent demanding payment. Begining of January 2010 Recieved notice of assignment to Howard Cowen nearing £1000 End of January 2010 Claim Form recieved and aknowledged and defence was entered within the time limit. Then things start getting sticky: I was suppost to of gotten an allocation questionnaire which I never did. I know this because I pick up the mail on a morning and I never recieved it. May 2010 - JUDGEMENT FOR CLAIMAINT (IN DEFAULT) recieved To the defendant, You have not replied to the claim form. It is therefore ordered that you must pay the claimaint £00000000 for debt (and interest to date of judgement) and £000000 for costs. You must pay the claimant total of £0000000 forthwith.
  7. Thank you for all your helpful replies. I feel a lot better and a lot calmer about the situation and I'm taking on board all the helpful advice I've been given and I'm going to spend the evening mulling it over in my mind. I did manage to do some fishing of my own. I've managed to find out more about that the Lewis Group. Please take a read: Gone fishing – the Lewis Group’s debt collection techniques | BitterWallet the Office of Fair Trading (OFT) debt collection guidelines which stipulate that debt companies should not undertake “unfair practises” such as: leaving out or presenting information in such a way that it creates a false or misleading impression not making clear who they are, who they work for, what their role is, what the purpose of the contact is That all sounds pretty farmiliar. What can be done about letters like these? Unless The Lewis Group contact you by name, state the nature of the debt and who they are seeking to recover monies on behalf of, ignore their correspondence – the letter has no legal standing and you’re not required to contact them. I've never had any letters saying my debt had been asigned to them. They have not contacted me by name or stated the nature of the debt or who they are seeking to recover monies on behalf of.
  8. As I said the Lewis group have my debt in the hands of the balliff department and to release it from there i need to pay £122 they said that it's black and white either I pay them £122 or if I don't there representative will call again with the balliffs which they say they have a right to do because they have a ccj against me and all they need to do is go get a warrant of execution to visit again. Paying the money only gets the dedt passed back to their solicitors howard and cohen and they said they will ask me what I can and cannot pay but until I pay up it will stay in the hands of the balliff department without a chance of me ever repaying it. So I really need to get this back to by the court because the road with the lewis company is blocked by a brick wall.
  9. I forgot to mention I called the lewis group today to try and arrange repayments that I could afford but they could not help me as it was in the hands of their balliff department. They also said I had to pay £122.00. Who do I go to to get a repayment plan sorted because the lewis group washed therir hands of me until i pay the £122. So what do I do next do I need to go to the court for certain court papers?
  10. I will print out that letter and at the end of the week instead of handing him the money I hand him the letter. I will do this I'm just so frightened of this man. If I gave him this letter whats to stop him coming round and demanding money again. He doesn't seem to care about anything else. He made no appointment to visit he has been misrepresenting himself he also told my father about my debt. Why would this letter stop him from visiting?
  11. He works for the Lewis GROUP. If I send him that letter will it keep him away? Or will he just ignore it and visit anyway?
  12. As I said I don't want him visiting again. My fathers heart will just not take the strain of another visit and the only way I can get him to go away is to pay the money he wants.
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