A little help with Lewis and H Cohen

[socktug]

Hi all,

 

My brother is currently being chased by Lewis Debt Recovery, and Howard Cohen for an old smile (co-operative bank) credit card. I am dealing with this as I was an additional card holder on his account. it's not SB or anything like that as payments were made in 2007.

 

I sent Lewis letters asking for info on the account and stated that I disputed that the alleged debt even existed ( this is because I have a copy statement that shows a balance of zero, but I haven't told them this). They replied with a 2 line letter stating that they thank me for my enquiry and can confirm that the balance is £XXX.

 

I then sent a letter back to say that i had not requested any balance on the alleged account and that they ignored my points raised.

 

This was when Howard Cohen began writing with the usual threats. I CCA'd HC, and about a month later received the CCA reply from Lewis. They sent a letter telling me that as they are merely collection agents, they do not have the information and that I should contact the OC. I know that they should have passed on the request, so the time expired and I put the account into dispute.

 

In Lewis's reply they sent me a cheque for £1.00 as a refund on my CCA request. thing is though that I sent them a postal order for the fee. I did write on the back that this was for the CCA fee only and not to be applied to the account.

 

Should they have returned the postal order, or is the cheque acceptable? Is there anything I should do now that they have returned the fee?

 

Thanks in advance...

[diamondgirl]

They should have passed the request on to the co-op if they say they are only collecting, but you would have been better requesting it direct from the OC.

Seems to be happening quite a lot at the moment where the DCA is sending back either the PO or one of their own cheques.

I think I would now sit and wait to see what the next move is, dont cash the cheque and keep the letter and cheque together with a copy of your CCA request and any POD you have so you can send a copy of these to anyone who may come along next as proof you have previously requested these and been refused.

 

DG

[twofoot]

I'd cash the cheque and take their quid but would photocopy it first.