Hi, new and have an issue with Lewis Debt Recovery!!!

[cerberusalert]

Hi Happyfeet24 welcome to CAG

 

Don't take any notice of the LDR letter. It is the typical cr*p sent to people to try and intimidate them into paying (usually when the debt is unenforcable).

 

Do as fedup74 suggests, send the CCA request. They have 12 + 2 days to supply the CCA from the date they receive your request. After that date if they haven't complied, you can stop paying entirely & they can do diddly squat until they have complied.

 

Have a good Xmas & don't even think about those muppets. :)

[cerberusalert]

We've all forgotten to tell you the CAG mantra...Do Not Speak To Them On The 'Phone....All Communication In Writing Only!

[cerberusalert]

I wouldn't worry about what might or might not happen, all you are doing is psyching yourself into a negative frame of mind.

 

When you send for your CCA you will have proof of posting which can be used in evidence in the unlikely event that it is needed in court. DCAs wouldn't be stupid enough to commit perjury by sayng that you didn't request one. Besides, what other reason would you send a letter to them recorded delivery? These people know only too well that if you are requesting a copy of your CCA, you have access to both legal resources & knowledge and they are unlikely to put their scrawny necks on the block!

 

One tip though, always keep copies of what you send them together with proof of postage, along with all their correspondence.

[cerberusalert]

You must remember that a DCA has no legal powers whatsoever. They have no more rights in law than you or I. In fact, in theory, they are restricted to what they can and cannot do through their trading licence & various legislations and guidlines.

 

The sad fact is they do try to circumvent things by lying, bullying & threatening the more vunerable. They depend on the ignorance of their victims, but when they realise that they are being challenged & you are not willing to just roll over and pay them, they tend to either pass the file back to the creditor or sell it on to another lowlife for them to try their luck.

 

You are luckier than most of their victims, you have found a site with well over 200,000 members. The majority of whome have or are in a similar situation to you. There is a collective knowledge base here which can run rings round these DCAs & you now have access not only to that knowledge, but also the practical and emotional support of all the members. All you have to do is heed the advice given, sit back and enjoy the ride & believe it or not you'll actually begin to enjoy baiting these clowns

 

Does the fact that im on tax credits of just £88 a week for a family of four, that being the only income plus child benefit, play in my favour if they did go to court?

 

That is a very long way off even if they had an enforcable CCA. Besides the court would be unlikely to make a an order for you to pay more than £1 per month given your income.

[cerberusalert]

You should have been sent a notice of assignment when they passed the account onto a DCA, but it's suprising how often they forget:rolleyes:

 

It has been alledged that some DCA's like to play with Photoshop:rolleyes:

 

Just wait now for your CCA and we'll take it from there.We need to see whether it's enforcable before we bother with anything else just yet;)

Edited January 5, 2009 by cerberusalert

[cerberusalert]

They are going through the now infamous DCA ritual of passing the account from 'bottom feeder to bottom feeder'. The names you have mentioned get progressively down the DCA foodchain!

 

By the look of things they are trying to muddy the waters in an attempt to confuse you. Stick to the CCA route, keep all their numpty letters for future use & we'll let them drown themselves:D

[cerberusalert]

Sorry, I didn't answer your question,

No, they have no idea. But I'm not sending them a copy of my marriage certificate, ever.

 

You do not have to prove who you are, you can call yourself whatever you like as long as it's not for fraudulent purposes, as it is patently obvious you're not & all that you are trying to do is assertain a) that they are entitled to collect the debt & b) the the debt exists & is legally enforcable.

 

They are worried in case they break the Data Protection Act, so have to be 100% sure you are who they think you are, but that's their problem to resolve. You've done your part (as far as you need to anyway) so let them sort it out:D

[cerberusalert]

For your information (and of course anyone else who may be interested), many DCAs ask people for copies of birth certificates, passports, marriage certificates etc. You do not have to provide these but a simple workaround is to create a Statutary Declaration. These cost from £5 and it should be noted that the Statutory Declarations Act 1835 makes it illegal for any organisation to refuse to acknowledge any legal name change. Should any organisation (including, but not limited to, Banks, building Societies, Passport Office etc) refuse to acknowledge your name change then they are in breach of UK legislation.

 

To really rub the salt into the wounds of a DCA or bank, you can offer them a copy if they are willing to pay for the privilage:D

 

The declaration is;

 

DECLARATION OF CHANGE OF NAME

BY

JANE MARIE DOE

 

 

I, JANE MARIE DOE of 27 Fore Street, Carford, Warwickshire

 

DO SOLEMNLY AND SINCERELY DECLARE as follows.

 

1. I absolutely and entirely renounce relinquish and abandon the use of my former Christian names of JOHN WILLIAM and assume adopt and determine to take and use the Christian names of JANE MARIE in substitution for my former Christian names of JOHN WILLIAM.

2. I absolutely and entirely renounce relinquish and abandon the use of my former surname of SMITH and assume adopt and determine to take and use the surname of DOE in substitution for my former surname of SMITH.

3. I shall at all times hereafter in all records deeds documents and other writings and in all actions proceedings as well as in all dealings and transactions on all occasions whatsoever use and subscribe the said names of as my names in substitution for my former names of JOHN WILLIAM SMITH so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by my former names of JOHN WILLIAM SMITH but by my names of JANE MARIE DOE only.

4. I authorise and require all persons at all times to designate describe and address me by the adopted names of JANE MARIE DOE

5. AND I make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

 

SIGN AND DECLARED AT ________________________

 

in the County of ___________________

 

this ____day, the ________ of __________ 20___

 

Before me ______________

 

 

 

Solicitor/Commissioner for Oaths

[cerberusalert]

It's 12 + 2 days from them receiving it.

[cerberusalert]

I know that in general no news is good news, but, does anybody know what is likely to be happening now?

 

is there any further action I can take towards Lewis?

 

There's no need to worry about it, the longer this stalement goes on the less likely the chance of a CCA appearing.

 

You don't need to take any further action unless it is passed onto another DCA.