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

[ploddertom]

Although it appears that you may have a case to apply for set aside this in itself may not be enough as under your own admission you owe the debt - in effect you would still end up with a CCJ. However there is nothing to stop you asking for a Variation Order instead whereby you submit I & E and an affordable payment plan is then worked out. Variation Orders are submitted on Form N245 and if you think you qualify you should also submit Form EX160 for Fee Remission - both Forms available from the HMCS website.

 

PT

[twoman]

get his name and take a picture of him....through the window if you have to and call the police.

[Nicola85]

I plan on going to the court tomorrow and submitting an N245 with attached I&E along with the EX160.

 

I'll also send that letter to the Lewis group denying their right to visit me.

 

Also I've been taking a look through the forum to give you more information about my sittuation and I've come accross this:

 

Pre Baliff from Lewis Group

 

Can i ask, was the document with your details on it YELLOW? Can I ask you what this yellow document is?

 

If so this is how a collection is made usually after a court has given payment instructions and they have not been stuck to.

If a court have set payment instructions,that have not been adherered to.

Are you saying that a broken court order would result in a DCA collecting?

The collectors have very specific instructions. They have 28 days to collect or return the account.

The amount you will need to pay is £122.00p 22.00 is the charge made for sending the collector.

Who sets the £22 fee?

The £100.00 is taken off the outstanding balance. The debtor on paying this, in cash or direct with a card.

Would not recommend that anyone pays cash,or allows anyone to obtain their card details at the door.

Interesting that you dont mention receipt, and state card.... but am sure that you are aware of oft guidelines. So presume you do not mean credit card.

Is given the option to set up a standing order. If they choose not to, then the DCA will give the debtor a reference number torn from the document he holds. This reference number has the number to ring to arrange payment ( the standing order minimum amount is stated on the document, if you cant pay it you need to deal direct with the office.)

Again not recomended that you give a dca bank details and keep all communication in writting, so there is no room for error.

During the visit, if you cant pay in full or monthly, the DCA will assess weather a bailiff could seize the value of the debt in goods,

So we presume that your eyesight is that good,that you can see goods from the doorstep? and not only value the goods, but know that they do belong to the debtor and that they are not on hire?

Weather your willing but unable to pay, or weather you can but dont want to pay. Your reference number will reflect this, and the guys in the office will see the DCAs decision. The reference basically tells the office weather its worth going down the bailiff route. Depending on the reference and the call to the office, they will decide how to deal with the case. BS.

 

EITHER way, NO DCA from that company should have threatened to come back with bailiffs. If you ring the Lewis Group, within 28days of having this DCA call, they should have the info you need, i see this is an old post though, so i would be interested to see what happened next?

 

This is what happened to me. The guy had a yellow piece of paper with barely any ink on it that could be read.

He asked for the £122. I said I cold not pay that money but he still wanted the full ammount of the debt owed and I had 28 days to pay and he would come back just before the 28 days were up to collect the money from me even though he could see I have nothing. If I didn't pay up before the 28 days he would send the account back to the Lewis group and they would instruct balliffs to come to my home.

 

Any thoughts?

[postggj]

cohen is a solicitor, not a creditor

 

his is cl finance and lewis pet monkey who would be the creditor

 

did you get a default notice from the original creditor. termination notice, notice of assignment

ime thinking out loud to get the judgement set aside for non compliance of cpr

 

golden question

 

if we can get this set aside, with in the next six months, will you be able to get the cash together to pay this debt

 

minus penalty charges:D

[ploddertom]

 

Why have they not sent a warrant of execution yet if I have not paid?

 

A Warrant of Execution is another means of enforcement. If for whatever reason you don't pay they can apply for the County Court Bailiff to attend and it is he that brings the Warrant. The Court Bailiffs in general are helpful and can realise that you cannot pay and will return the Warrant - it will cost the Claimant £100 to do this and there is no guarantee they will get even a 1p back. The Court bailiff is paid a salary unlike private Bailiffs who are paid on Commission.

 

There are other means of enforcement but in your situation I don't see how they would enforce them unless they use Attachment of Earnings/Benefits but these will be low payments anyway. They cannot seize any goods that do not belong to you - they will tell you otherwise but it is all bluff and bluster.

 

PT

[Nicola85]

Todays developments: N245 submitted to local county court.

[Nicola85]

Am i right in thinking now that I've submitted the N245 form warrants are suspended and there can be no action by any kind of balliff?

 

Or do I have to wait for the creditor: CL Finnance to accept or refuse my offer or for the court to advise a repayment plan before a warrant is suspended.

[ploddertom]

Am i right in thinking now that I've submitted the N245 form warrants are suspended and there can be no action by any kind of balliff?

 

Only if you asked for suspension on the submitted form. However as this has not happened as yet there would be no warrant to suspend.

 

Or do I have to wait for the creditor: CL Finnance to accept or refuse my offer or for the court to advise a repayment plan before a warrant is suspended.

 

I would imagine that the Claimant will object but as you have made the application the Court are duty bound to hear it. In view of your application it would be stupid of them to do anything else.

 

PT

[Nicola85]

I have better news today. I met the debt collector today from the lewis group and instead of handing him over any money, I told him the matter was now in the hands of the courty court and all warrants now and in the near future under the case number were suspended. I also handed him the letter that denied him or anyone else from the lewis group a dorstep visit. I can't say that he was amused but tough luck. I just got told that he would pass the debt back as uncollected. Sounds like a win to me. I feel like I've been given space to breath.

[Halibutt]

Nice one Nicola. I hope things start to get alot better for you. Let us know how things progress

[rebel11]

Well Done Nicola85.

 

Keep us posted, if you need any help just ask. Keep on top of things.

 

 

I have better news today. I met the debt collector today from the lewis group and instead of handing him over any money, I told him the matter was now in the hands of the courty court and all warrants now and in the near future under the case number were suspended. I also handed him the letter that denied him or anyone else from the lewis group a dorstep visit. I can't say that he was amused but tough luck. I just got told that he would pass the debt back as uncollected. Sounds like a win to me. I feel like I've been given space to breath.

[seanamarts]

well done, i am so pleased certainly would of loved o of been a fly on the wall

[regan11]

Wel done.I would love to have seen his face.

[Nicola85]

I don't quite know what to make of it, but I recieved a letter from Howard and Cohen this morning. It really is quite ammusing to know that when they don't get their own way they throw their toys out of the playpen.

 

Dear ...

 

We refer to previouse communications in this matter, in particular to your recent letter.

 

"Handed to a debt collector masquareading as a balliff and gave him instead of money."

 

Your comments have been noted.

 

"In other words... please don't bully our hired debt collector who came to bully you."

 

The court confirmed you were liable for the judgement and the outstanding balance in May 2010.

 

"CORRECT... I also reserve the right to vary the judgement order and make an offer of payment to you and will be decided by the court if offer is refused by you. Fools"

 

Payment in full can be paid by August 2010. This will stop any action being taken on your accoun tand the pre-enforcement agent will cease action.

 

"Offers of payment will be decided by the court. All action has been stopped anyway by filling the N245 and if an pre enforcement agent calls, I shall give him short shrift next time just like the last.

 

What fools.

 

Can anyone give me any advice on the letter that I recieved or shall I just forget about it and add it to the pile I already have mounting up?

 

Thanks.

[Nicola85]

Bump