Lewis debt recovery

[mrennis]

Does anyone know whether this agreement is enforceable?

 

I have CCA'd and informed these guys that the account is in dispute.

 

This has been going on since early April - they produced the attached in June. I stated they were not legible and they ceased collection stating that they would have to go back to smile. This was in August and I have not heard anything since.

 

What does one do??

Edited October 15, 2009 by mrennis

[cerberusalert]

The ball's in their court until they provide a legible agreement, you've disputed the a/c and can't do any more until they respond.

[Pinky69]

This wouldn't stand up in court - it is totally illegible. It's a copy of a microfiche and it has been badly damaged in the process.

[mrennis]

Thanks for that - What if they came back claiming it was enforceable and thhreatened to start legal proceedings. What would be my next move?

[Pinky69]

They have nothing to threaten legal proceedings with and they know it. If they did threaten legal proceedings, you can call their bluff and tell them to go ahead as the alleged agreement is totally unenforceable.

[mrennis]

They also have a mark on my credit file. This does not fall off untill August 2011. How would I go about getting this removed?

[debt4get]

They also have a mark on my credit file. This does not fall off untill August 2011. How would I go about getting this removed?

therein lies the difficult one, although they do not have an enforceable agreement, the debt in effect still exists, I believe the only way to get it removed is take them to court and force them to remove.. this could open a can of worms... you can also complain to various authorities but I wouldnt hold out a lot of hope

[mrennis]

I read somewhere on here that removing defaults was a possibillity. Does anyone have more information on this??

[Pinky69]

There are 5 possible avenues to go down in removing defaults 1) tell whoever entered the default that there is no agreement and nowhere in what they have sent you is there any evidence that you gave them your express written permission to process your personal data so you want the defaults removed 2) tell the CRAs that whoever entered the defaults did not have your written permission to process your data and you want them removed (this won't work but do it anyway) 3) the Information Commissioner - waste of time 4) have them removed on the grounds that the alleged agreement was rescinded before the entries were made in the case where an account was terminated after the issue of an unlawful Default Notice - if that applies 5) take them to court on the grounds of no written permission and/or unlawful rescission. Pick your potato - and good luck!

[mrennis]

thanks for help. Nothing back yet. Waiting... Have removed attachments for security.