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LEWIS debt recovery....


henrysmom
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hello,

 

i have recently moved in with my younger brother to help him sort his finaces out and im vetting his post, (Like any good sister would) and today he has recieved a demanding and threatening letter from lewis debt recovery. he does owe the debt, so im not trying to help him avoid it, but can anyone point me at a template to send offering a small payment a month? what with his mortgage, and all the other debts he's got into (and at only 20 years old as well), he cannot pay what they are demanding, which at present is nearly £600 in one lump sum.

 

 

thankyou,

 

 

henrysmom

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Hi Henrysmom, welcome to the CAG forum. How many letters has your brother received? Has Lewis stated whom the original debt is from(the original creditor). They have to prove that they are allowed to collect the debt. Don't speak to these people on the phone and Dont acknowledge the debt. The first letter is usually a phishing letter. When they send you the letter stating the original creditor send them this prove it letter.

 

Last edited by Curlyben; 24th September 2007 at 11:03.

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Don't panic and keep your thread updated. Never sign your name, just print it.

Edited by Fighting-Fit
Never sign your name added

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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this is the second letter ive opend in two weeks, but they havnt at any point said who the debt is for. this one is a big bold red "final demand" or we will be taking you to court letter, so im guessing maybe theres been more that have gone in the bin prior to my dealing with it all. can i still send them the letter requesting the information of who they are working for if this is the case? again, i am not trying to get him out of paying, im just trying to get some reasoning. ive had problems myself with lowell and had them demand i pay them unscrupulous amounts on a low wage, and my brother just cannot pay what they are demanding right now with other debts and a £900 pm mortgage!

 

thanks for the quick response!

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Hi if they ever write giving details of the debt then you can tell if the debt is a real debt or are they just fishing on the name. If or when they do give you details of the debt you will be able to check if the debt is a debt to your relative or not. If it is then if credit card etc send them a cca request to prove that they or any other creditor has a legal right to collect this debt.

 

Until they give you the correct creditor name and account details then do nothing at all they are supposed to give this detail under OFT guidelines.

 

An old moto no detail no communication from me

 

all the best dpick:)

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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DCA's, like Lowell and Lewis try to scare you into paying a debt that you might not have to pay by law. That is why we are fighting these people. If they can prove without any doubt that they have the right to collect the debt then that will have to be dealt with when it happens. At the momement a DCA you have had no dealings with or have entered into any agreement with are asking you for money. I don't think so. Let them prove it by informing you who the original creditor is. The next step is requesting a CCA. For now send them the prove or shut up letter. Never acknowledge the debt, never sign your name and never speak to these jokers on the phone.

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Send the letter by recorded delivery, that way they will not be able to say they havn't received it. ;)

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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i have found a letter from two or so weeks ago saying they are working for "ge finace" and "cl credit" so they have sort of said who they are working for except its a jargon letter that makes not much sense about assignments of account between what looks like three companies. im not even sure who the initial creditor would be... i know he owes on a halfords store card and also has things on hp so it could be that, is the initial letter still the right one to send as i will send it tomorrow if so.

 

thanks everyone, your all awesome.

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Hi Henrysmom, I would send the original letter. See what they come back with and you will know where you stand and have a better idea of what steps to take next.

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Hi henrysmom :). How are you getting on with your brother's alleged debt? Did you send the Prove it letter? The debt is always an alleged debt until the original creditor (OC) or the Debt Collection Agency (DCA) prove otherwise. ;)

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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