Lewis Group and their pre bailiff warant charge

[ascint57]

My wife has a long standing cc judgement that she has been paying at 10 pounds per month via the I can pay you site. She has missed 2 payments and owes 20 pound arrears. I tried to pay it and was barred. Spoke to the lady dealing with it who told me it had been passed to a collection company and she could do nothing until they called.

She couldn't give me a contact number and when pressed said that they would ring me if I required, but they had a pre bailiff warrant of 122 pounds which was the minimum I now needed to pay to stop further action.

So I can't clear the arrears and I assume it will have to go back to court.

Someone is ringing me later, they can't say who, to discuss what I need to do next.

Advice please.

[babybear39]

Write back to their 'empty threats' department advising that there is no such thing as a 'pre bailiff warant'. They may have got confused with a 'warrant of execution' which has to be obtained from a county court after a CCJ isn't paid. A warrant of execution can then be served but there has to be a bloody good reason why they have refused to take your payment!

 

Was the payment amount set by the court and did they take I & E into account?

 

I would be very tempted to go to your local CC, apply for a variation order, send it to the issuing court and stick it to these numpties

 

Oh, and report them for threatening you with their silly departments to TS and the OFT. Also report them to the court for implying they are court instructed bailiffs which is a criminal offence.

[ascint57]

yes the payment was set by the court. I've been advised by CAB that I can't do anything until they apply to the court for a warrant, even though I want to clear the arrears

[babybear39]

Call your local CC for info. as, sadly, CAB are not always up to date.

[ascint57]

The local CC reckon I can't do anything and they might be perfectly within their rights to charge me 100 pounds for costs

My only recourse is to negotiate with them when they contact me???

[sequenci]

The local CC reckon I can't do anything and they might be perfectly within their rights to charge me 100 pounds for costs

My only recourse is to negotiate with them when they contact me???

 

Hello there.

 

The law allows for £100 bailiffs costs to be applied to the debt, that is all that they can add (unless they gain entry - so don't let them in!)

 

You should apply to suspend the bailiff's warrant (this is also called a variation), the process is outlined here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

[ascint57]

Thanks all.

According to the Court, no application has been made for a warrant, its just the Lewis group being awkward and stopping me paying the arrears.

Evidently its just a debt collection agency who are self employed who will in their own time be calling to put pressure on. The 122 they want I'm now told by the Lewis group, will be taken off the debt and the 22 pound is costs.

If I don't pay the full amount they will apply for a warrant to the court without my knowledge

[babybear39]

Hello there.

 

The law allows for £100 bailiffs costs to be applied to the debt, that is all that they can add (unless they gain entry - so don't let them in!)

 

You should apply to suspend the bailiff's warrant (this is also called a variation), the process is outlined here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

 

Sorry to step on your toes Sequenci but there is no warrant of execution yet, just a jumped up DCA breaking all the rules and a fair many laws!

[babybear39]

Thanks all.

According to the Court, no application has been made for a warrant, its just the Lewis group being awkward and stopping me paying the arrears.

Evidently its just a debt collection agency who are self employed who will in their own time be calling to put pressure on. The 122 they want I'm now told by the Lewis group, will be taken off the debt and the 22 pound is costs.

If I don't pay the full amount they will apply for a warrant to the court without my knowledge

 

If you follow my advise in post #2 and use special delivery post there shouldn't be any issues. If 'smart dot com.' refuse to take your payment I really can't see a reasonble DJ awarding a WOE in light of your attemts to rectify this matter.

[sequenci]

Sorry to step on your toes Sequenci but there is no warrant of execution yet, just a jumped up DCA breaking all the rules and a fair many laws!

 

Cheers! Yeah, sounds like they are being pretty damn sneaky then!

[babybear39]

Cheers! Yeah, sounds like they are being pretty damn sneaky then!

 

No surprises there then. The definition of sneaky in all dictionarys should include DCAs/OCs etc.

[sillygirl1]

Just seen this on Credit Today, Lewis Group chairman leaving whilst the business is still strong.....

 

http://www.credittoday.co.uk/news/news-item.cfm?news=2036

 

Don't think he likes being in the kitchen at the moment.