Help re: Lewis Group/Cohen and Co.

[mrdavid]

Hello, after seeing some info here and recieving a letter from the lewis group 2 weeks ago, on the 19th I sent by recorded delivery a letter (found here I believe) and a postal order for 1 pound requesting a copy of the CCA, this was delivered on the 20th. however today I've just recieved a follow up letter from Howard Cohen and company dated 21st, I'm I correct in assuming that since I'd submitted a CCA request this should not have happened?

 

would be greatful for any advise as to what my next course of action should be, many thanks in advance.

[dadofholly]

Hello, after seeing some info here and recieving a letter from the lewis group 2 weeks ago, on the 19th I sent by recorded delivery a letter (found here I believe) and a postal order for 1 pound requesting a copy of the CCA, this was delivered on the 20th. however today I've just recieved a follow up letter from Howard Cohen and company dated 21st, I'm I correct in assuming that since I'd submitted a CCA request this should not have happened?

 

would be greatful for any advise as to what my next course of action should be, many thanks in advance.

 

When you say delivered on the 20th - do you mean that is the day you sent it or they received it?

 

If so it could just be a cross over in the post - or if they did would depend on time it was received and processed etc.

 

Would not worry to much about it as yet.

[mrdavid]

When you say delivered on the 20th - do you mean that is the day you sent it or they received it?

 

If so it could just be a cross over in the post - or if they did would depend on time it was received and processed etc.

 

Would not worry to much about it as yet.

 

it was posted on the 19th and they recieved it on the 20th.

 

I wouldn't say I was worried so much as curious as what I should be doing next (i've never got involved in all this before, previously I have ignored things...) and wonder if the fact that they have written to me since without acting on my request is a no-no on their part.

they've given me till thursday 28th to pay the lewis group

[dadofholly]

It is a no no on their part - but i would suggest the small time scale between them receiving the request and sending out this letter - could just be caused by a cross over in the post/or process.

 

If on the other hand they send you one between now and you receving a reply to your CCA request - thats a different matter.

[mrdavid]

OK, thanks for your reply.

[Guest Cartaphilus]

Howard Cohen, of course, also being the same company as Lewis.

[mrdavid]

yeah I gathered that from things I've read on here. I also found it slightly odd that a solicitors company wrote to me with their address put down as a PO Box as though they were sellling pornos in the back of the daily sport.

[Guest Cartaphilus]

Maybe they are, but TBH I wouldn't know. But PO Boxes are more than a common occurance with 'solicitors' and DCAs. One wonders what they want to hide ...

[mrdavid]

well from reading that thread thats stickied it'd appear quite a bit to hide actually!

I also find it quite odd that they'd send apparently urgent letters by mailsort (or whatever the current equivalent is that take days to reach me) effectively giving me 3 days to cough up a figure that is greatly in excess of the £65 a week JSA I've been on since august...

[Guest Cartaphilus]

Again, that is fairly common across the board.

 

3 days to cough up a figure that is greatly in excess of the £65 a week JSA I've been on since august...

 

Sorry to be blunt here, but do you think they actually care about that? I imagine you already know this, but this industry is very cold, quite outwardly cruel in many instances.

[mrdavid]

Again, that is fairly common across the board.

 

 

 

Sorry to be blunt here, but do you think they actually care about that? I imagine you already know this, but this industry is very cold, quite outwardly cruel in many instances.

 

yeah of course that doesn't surprise me, I just can't see how anyone in a position where they are getting these sort of letters is suddenly going to be able to find a large sum of money, so they'll go to the courts and assuming their paperwork is in order get what? a couple of quid a week? (is there a set max the courts can order paid if I'm still out of work?)

[Guest Cartaphilus]

I just can't see how anyone in a position where they are getting these sort of letters is suddenly going to be able to find a large sum of money, so they'll go to the courts and assuming their paperwork is in order get

 

But would that not presuppose Lewis already know your situation, have you actually told them you are in receipt of JSA and the amount?

 

Best thing here for you to do is forget about any court action ... Await your CCA. You appear to know already a few things about how this all works, if so then you will already know court action is a long way off usually and may not even happen.

[mrdavid]

cheers, thats quite re-assuring. I've only really been looking into it in any detail for the past week and so really have huge gaps in my knowledge about the process and proceedings involved here, something I hope to remedy using the decent info shared by people such as yourself on these forums, so thanks again.

[Guest Cartaphilus]

(is there a set max the courts can order paid if I'm still out of work?)

 

£65 - No one can answer that, but generally in your position it could be as less as £1 a week or month. However, like I said, court action may not occur and if it does, generally a long way off. It also depends what year you took your agreement out and how old it is.

 

Best thing to do, as I said, is put it out of your mind until you have been provided with your credit agreement. If they don't provide one ... Then that's an even bigger bonus.

 

If you have a read on this forum, there is a thread about Lewis specifically. You may find it very interesting reading.

[PGH7447]

Of course it depends on what the debt is and how lare the balance is on whether they go straight for court, although knowing Cohen and the Lewis group quite well they tend to bulk out thier court summons like confetti without the decency of any first contact.

[mrdavid]

would I be correct in thinking that having sent the CCA request on the 19th and royal mail track and trace confirming they recieved it on weds 20th october, the fact that I have not as today had a reply means the debt is now not enforceable?

[DonkeyB]

It’s unenforceable while they remain in default of your CCA request. The debt is still there, though.

 

You might like to remind them they are now in default – letter here. Adapt to suit.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?275892-Failure-to-provide-CCA-Template-letter-needed

[dadofholly]

As it's the Lewis/Cohen clan is it anything to do with Welcome Finance?

 

If so - and you made the agreement in the local branch they may not have a valid agreement as their paperwork is crap - if it's pre 2005 i would also guess it's unenforceable.

[mrdavid]

its a credit card with HSBC, from memory it was probably taken out in late 04

[dadofholly]

Thats a shame - am lining welcome up on a couple of claims at the moment - would loved to have added to their woes.

 

Good luck with it anyway.

[PGH7447]

in which case they will be scrabbling around and hasseling hsbc for the agreement, send the account in dispute letter to cover yourselves, it is not beyond their skill set to go straight for a court summons, espcially if cohen is involved

[mrdavid]

had a letter from them today, it says:

 

"we refer to your recent letter in which you made a request for information uinder section 77-78 of the Consumer Credit Act 1974 for your partner's account listed above.*

 

Please be advised we are not the creditor in this matter. The Creditor is HSBC bank plc and we are merely instructed to act on their behalf to recover any outstanding balance due.

 

The statutory obligation to provide this information remains with the creditor and we therefore refund your £1 fee and suggest your submit your request to them directly.

 

We trust this clarifies our position.

 

Yours Sincerely

 

Lewis Debt Recovery**

 

 

*this bit is incorrect, I was writing about my own account not a partners

** it has been signed lewis debt recovery, not a persons name.

 

 

anyway. my question is: is this legitimate, do they really not have to supply this?

[DonkeyB]

They are totally wrong. They are obliged to deal with your CCA request. They must forward it to HSBC. Let them know that the clock is ticking on the 12 days.

[mrdavid]

any advice on what I should do with the £1 postal order they've sent me? and should I send another one with my follow up letter, or does the fact that they have acknowledged that I sent one in the first place make that unnecessary?

 

thanks for all the help everyone

[PGH7447]

cash the postal order, and send the account in dispute letter, after their pathetic attempt to duck their responsibilities they dont deserve the 12+2 days grace, they are the ones chasing they are the ones that have to contact the OC and do the leg work