URGENT: Lewis Group pretend to be balliff/debt collector money to stop action

[Guest Mrs Hobbit]

This letter tells him that you know your rights and are not frightened to use them. His tactics are intimidation and this is against the law. Please report him to the OFT and Trading Standards in your area. He also needs to be reported to the Lewis Group. they know the law and if they turn a blind eye to his tactics it could result in their license as DCA's being revoked.

[Nicola85]

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?

[42man]

You MUST report them to the OFT...they are being completely unreasonable, they are not allowed to force you to pay more than you can afford.

[rebel11]

Nicola85

 

It might also be an idea to send Lewis Group a CCA Request with £1.

[Guest Mrs Hobbit]

No, no , no, they do have negotiate. they are trying to get you to pay up so they can collect a percentage.

[Nicola85]

No, no , no, they do have negotiate. they are trying to get you to pay up so they can collect a percentage.

 

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.

[Guest Cartaphilus]

I'd suggest you follow the advice some have already given including reporting this lot, just seen your post about it involving a CCJ. Just logged in so not read through the entire thread.

 

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

 

Just seen your post so edited mine to reply to it, that sounds like extortion to me eg we will do this is you pay us ££££.

[Halibutt]

All good advice given by the above Nicola. If you do choose to have someone with you next time the bully returns, make sure that they are aware that they should keep quiet, let you do the talking and under no circumstances should they use threatening behaviour or bad language - it could backfire.

 

You're here now, and as you've seen, people are willing and able to help. Try to stay calm, take the advice given and things will get alot better.

 

Definitely send the "No Visits" template letter. When and if you contact Lewis Group, do it in writing, sent by recorded delivery. Don't sign anything, just print your name at the bottom of your letter(s).

 

You mention a CCJ - what was the court's ruling? How much did the court say you had to pay and how often? Are you in breach of that order? That's what matters. Until you are in breach of a court ordered CCJ, bailiffs or those pretending to be bailiffs aren't allowed to touch any of your property/posessions.

 

Very best of luck to you, I hope everything turns out okay and that your parents are fine.

[ploddertom]

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.

 

If they are saying they have a CCJ against you - I assume you know nothing of this & therefore gives you greater power. You need to check your Credit History - one of the quickest ways to do this is to take a Free trial out with Experian or similar and look - don't forget to cancel afterwards as their charges can be hefty.

 

I see you mention a Solicitor called Cohen - this justs gets better as there are lots of threads on here about his nefarious dealings.

 

Remember if they did have a CCJ then they would have enforced against the Judgment - I suspect again they are telling porkies.

 

PT

[new-me2010]

Nicola85

 

When you feel calmer can you give us all the details from taking the card out, who with and any other relevant information.

 

Then can you let us have details of any letters, and how you dealt with them, if you have had CCJ documentation and whether you defended it. and give us just an outline of payments you made.

 

When we've got that there will be people on this site who will hold your hand while you're sorting it.

 

Please don't be bullied, I was yesterday but today took my head out of the sand and stood up to them and feel so much better,

 

Note to me ...... get specs changed because I missed your postings about who it was.

[rockwell304]

This is ridiculous!! what other country in the world would tolerate this, if this was the USA this guy would be in intensive care by now.

 

Do you have a male friend who is confident, fit and just a touch agressive to be with you next time this idiot come around?

 

What part of the country are you in? I'll come and do it!

 

This is the lowest form of intimidation, he needs to be stopped now! these people are **** and should be treated as such. You really do need to call the police immediately he appears, and definitely follow the previous advice, complain to Lewis about his intimidatory and threatening behavious.

[Guest Cartaphilus]

Howard Cohen and Lewis of course being linked. Anyway, as someone suggested ... More detail/information is required here when you feel able to.

 

You may also want to look up the Protection from Harassment Act. I edited out what I put before so I could reply to your last post Nicola ... about reporting it as others have suggested, this person, I think, needs his fitness to operate as a debt collector looked into and, if necessary, his licence removed. From what you have described is without argument using intimidation towards you and under any other circumstances eg in a public place, at work he would be dealt with accordingly. This scenario is no different, whether or not Mr Ape wants you to know that or not. The fact he is doing this when you are alone, suggests he knows he can do so without witnesses. Exactly like any other bully. He has no power over you whatsoever to come into your home and do this to you.

[Surfer01]

Have you or did you ever receive a court summons?

[Blondmusic]

Hi Nicola. The Lewis Group are putting the frighteners on you. The man who called at your home will only be a collector and he has no more rights to be on your property as i do. He cannot make your parents pay your debt. This man is a right liar which is typical of a Debt Collector.

 

The only way they can send a Bailiff to your home is IF they take you to court, get a County Court Judgement against you and you dont pay the CCJ. They are just trying to scare you into paying.

 

You are getting the best advice on here. Do not phone Lewis Group, IF this collector comes back tell him to leave before you call the police for Breach of the Peace. Fantastic advice in post 12 from Rebel11. Just follow the advice on here and you will be fine.

Edited July 13, 2010 by Blondmusic

[Nicola85]

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.

[Guest Cartaphilus]

Have you ever received a court summons, I know you've mentioned a CCJ a few times ... I am just trying to work out where all this fits into your situation , ignoring what the liar from Lewis has said to you for the meantime... Which it sounds like they might be but have you actually been to court and had a CCJ issued against you?

 

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.

Edited July 13, 2010 by Cartaphilus

[Guest Cartaphilus]

I've had a quick glance through some of your old posts just to try and get some more back history to all this. Is any of what's happened connected with this as it mentions Howerd Cohen. If not, ignore.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263444-judgement-default-without-default.html

Edited July 13, 2010 by Cartaphilus
Changed the link to the right one

[Brigadier 1JCS]

A certificated bailiff is an officer of the court who issued the cerificate it is an offence to claim to be a bailiff. ie impersonate an officer of the county court,high

court, or criminal courts. Job for the boys in blue?

[Guest Cartaphilus]

Job for the boys in blue?

 

What I wondered earlier and why I posted about getting that 'debt collector' investigated for his behaviour. Also, as posted and described, asking someone for money in the way as described would and grossly mispresenting themselves, their powers and asking for money at the same time to stop non-existent action. Though, in the meantime, I found that other thread which does mention judgement by default and also with Howerd Cohen. If Nicola could clarify whether they are connected, as it would greatly perhaps change things here on how to move forwards with this.

[Nicola85]

Nicola85

 

When you feel calmer can you give us all the details from taking the card out, who with and any other relevant information.

 

Then can you let us have details of any letters, and how you dealt with them, if you have had CCJ documentation and whether you defended it. and give us just an outline of payments you made.

 

 

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.

[Guest Cartaphilus]

Thank you, the situation now begins to become a little clearer. So it was connected to your other thread.

[Nicola85]

Yes it's all connected.

[harrassed senior]

I have just briefly read through the above, and I agree with all of what has been said.

 

I am going to try and be helpful and put it all in an order that might help you recall past events and help us to give you any further advice we can.

 

Firstly, you were in debt, when did you take out this Agreement and was it a Credit Card, Loan etc.

 

When did you last make a payment, and to whom.

 

You should have received many letters both from the original creditor and then you should have received a default Notice and then a Termination Letter.

 

Shortly after that you should have received a letter of Assignment informing you that the original creditor had sold the debt to a debt collector.

 

Now, noticing some of the names you mention, it is quite likely that a CCJ has been fast tracked through Northampton.

 

If you could find out how long ago this was, you 'may' be able to get this set aside.

 

You can check easily enough online at: CCJs, court orders & fines - Search yourself and others - Trust Online

 

What should then have happened is that you will have received a County Court Judgement Notice and this would have informed you how much you should be paying to the Court each month.

 

Only when those payments are either missed or not paid at all, can the DCA apply to the Court for a Warrant of Execution. You can again apply to have that set aside too.

 

If one of those is granted by the Judge : A Bailiff from the County Court with proper identification will call to make an appointment to visit you at home.

 

The above is a shortened form of what has to happen prior to a bailiff calling.

 

As has been said the 'person' who called is a thug and a liar and he needs reporting. If you really are unable to speak with him at all I would write the letter as above, and put it on your front door. I would also ask him to pop his card through the letterbox and then you will have a name to Report and make an official complaint about.

 

Hopefully I have condensed all the above information for you and we can now take it step by step to help you through all this.

 

I join all other posters in confirming that you should not take this to heart (easy for us to say, I know, but many, many of us have been affected as badly as you are now). You are amongst friends, he is but one nasty man, who, with our help will get his comeupance.

 

Take a deep breath, say all the things you would like to say to him in your head, then have a good nights' sleep and visit us again to carry on our help as often as you like

[Guest Cartaphilus]

There's some more here, I think with some more history to all this:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/243706-court-papers-recieved-debtor.html

[Nicola85]

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?