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Lewis got CCJ on River Island Card


Micael1000
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I dont know if im posting this in the right place, I apologise in advance.

 

On Monday 1st of july I received a letter from Northampton county court (judgement for claimant letter) it states that I have to pay THE LEWIS GROUP 173.84 by the 06/08/2012

 

The alleged debt in question was a river island store card i took out back in Mid 2009,.

 

I then sent recorded delivery a CCA request to the lewis group along with a freedom of information request. I then rang the court explained i dont know of this alleged debt, explained I dont work due to a breakdown I had back in january, i receive employment and support allowence and am on prescription anti-depressants. The lady on the phone said i can put an application in for judgement to be set aside along with an application exempting me from paying the 80-odd-pound fee.

She sent me over the documents I filled then out and sent them recorded delivery (they recieved in on 02/08/2012, but are dealing with a back log of post.)

 

I have today received a letter from the Lewis Group that reads:

 

Dear Mr.............

 

RE: santander Cards UK LTD-633.................

County Court Claim Number-XXXXXXXXXX

 

We acknowledge receipt of your letter dated 30/07/12 in which you have requested a copy of your credit agreement under section 77/78 of the consumer credit act 1974.

 

Please note that we are not the creditor in this matter. The creditor is SANTANDER CARDS UK LTD and we are the agentsinstructed to act on there behalf.

 

Notwithstanding the above, the agreement is the subject of this matter was terminated prior to the issuing of county court proceedings and subsequent entry of a county court judgement on 23-07-12. Therefore, the effect of section 78 of the consumer credit act 1974 is no longer applicable and judgment can be enforced should payments not be maintained in accordance with the judgement.

 

We trust this clarifies the matter and look forward to receiving your proposals for payment.

 

regards

 

LEWIS DEBT RECOVERY

 

Is that correct^ If they cannot produce a signed credit agreement i thought the debt being enforced is un lawful? Is it also true that because I apparently ignored corrospondents from them that that means iev admitted having the debt?

 

In short can someone please give me some advice on what I should reply to that letter from lewis group? Are they correct? is there any other tactics i can use? do they still have to send me my CCA and freedom of information documents I requested?

 

Many Thanks I appreciate all who reply.

 

:)

 

Michael :|

Edited by havinastella
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The award of the CCJ overrides your CCA request. If you never received any paperwork prior to having the CCJ against you then you may be able to apply for Set Aside but if you do owe the money then you will just be swapping one CCJ for another and your application will probably be denied. You may be better off applying for a Variation Order whereby the Court can set the level of payments and if on Benefits this could be very low.

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just to clarify, even if they cant produce a signed copy of my alleged credit agreement the court can still enforce the CCJ?

 

michael

:oops:

 

At the time the proceedings were started they only had to say that XXX owed a sum of money & if you never defended or replied they would have had Judgment awarded to them. It is too late now for any thoughts of a CCA request & would imagine if it was not then as the agreement is less than 3 years old they would have it anyway.

 

Please be aware that if you do not respond to this then the Creditor may decide to enforce payment via a Warrant of Execution which will add an extra £100 to what you owe, and a visit from the County Court Bailiff.

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I have filed a defence to the court and asked for judgement to be set aside, they are dealing with a back log of post at the moment. Lets just say that they no longer have the signed agreement, seems odd that the court can still enforce a ccj if payment isent made even if the claimant has no proof?

 

Cheers Michael

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I had a breakdown back in january(susicide attempt, iin hospital e.c.t), I said because im on anti-depressants, and see a doctor regulary and am on employment and support allowence, enforcing the judgement would have a major impact on my mental health. and would like it to be set aside, I also made it very clear that I dident believe the alleged debt was mine.......what do you think?

Thanks

 

Michael

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Being brutally honest I don't think that is enough. Whilst there may be sympathy with your health issues this has no bearing on whether you owe or not unless you can prove you did not know what you were doing. Have you provided any proof as to why you think the debt is not yours?

 

It may pay to click the little black triangle below and ask this is moved to the Legal Issues Forum as there may be others there better versed in the ins & outs of your debt.

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moving to legal issues

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just to clarify, even if they cant produce a signed copy of my alleged credit agreement the court can still enforce the CCJ?

 

michael

:oops:

 

Yes, the lack of an agreement entered into around 2009 will not be sufficient. They will have other ways of confirming that you have an account with them.

 

I had a breakdown back in january(susicide attempt, iin hospital e.c.t), I said because im on anti-depressants, and see a doctor regulary and am on employment and support allowence, enforcing the judgement would have a major impact on my mental health. and would like it to be set aside, I also made it very clear that I dident believe the alleged debt was mine.......what do you think?

Thanks

 

Michael

 

This is not going to have an effect on the CCJ - it might well have supported your case earlier had you contacted the company when you first had the financial problems. If the debt is genuinely not yours then you could perhaps make an attempt to have the Judgment set aside.

 

However, did you not enter a defence when you first received the claim form advising that you did not believe the account was yours ?

 

IMHO, you should now complete the form for a variation of the judgment in order to pay by installments.

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Thankyou for your reply, I have asked for the judgment to be set aside on the grounds of mental health and believing the debt isent mine.

 

Looking back I should never have sent a CCA request to lewis group at this late stage.

 

It looks like the CCJ will still be put in place, however should I just leave it up to the court to decide what I pay back per month as im on income and support allowence?

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It all depends what it says on the judgment order - if it is a "forthwith"judgment, it means they want the money NOW or within the time stated on the order.

 

If this is the case, you need to let the court know that you are not in a position to pay this amount in a lump sum and that you would like an instalment order put in place, based on your submitted income and expenditure form.

 

You cannot circumvent the court procedures.. sorry...

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What does it actually say on the Judgment order? Or have you not received it yet ?

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Judgement for claimant claim number.................... Northampton County Court

 

to the defendant

you have not replied to the claim form

it is therefore ordered that you must pay the claimant 86.84 for debt and 87.00 for legal costs.

you must pay the claimant a total of 173.84 by installments of 125.00 per month.

the first payment should reach the claiment by 06-08-12.

I never received a claim form, and as soon as i got this letter i staright away rang the court disputed the debt they sent out the information i needed to fill out for judgement to be set aside and then i sent a cca request to lewis group. The court said they are dealing with a back-log so should reply to me wikthin a month.

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Judgement for claimant claim number.................... Northampton County Court

 

to the defendant

you have not replied to the claim form

it is therefore ordered that you must pay the claimant 86.84 for debt and 87.00 for legal costs.

you must pay the claimant a total of 173.84 by installments of 125.00 per month.

the first payment should reach the claiment by 06-08-12.

I never received a claim form, and as soon as i got this letter i staright away rang the court disputed the debt they sent out the information i needed to fill out for judgement to be set aside and then i sent a cca request to lewis group. The court said they are dealing with a back-log so should reply to me wikthin a month.

 

 

Ok, well that seems very strange, the judgment debt is £173.84 which means that you would make one payment of £125.00 and one of £48.84 ??

 

 

If you are going to attempt to have the judgment set aside, then you should wait on the paperwork that is being sent out to you. Alternatively, you can ask for the payments to be made over a longer period of time in an amount you can afford. You will have to complete the proper application form and submit an Income & Expenditure form to the court.

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4: Staying Calm About Debt  Read Here

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BCOBS

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Hi Micael

 

Firstly if you could clarify " The alleged debt in question was a river island store card i took out back in Mid 2009," So the debt is yours?

You have made application to set a side if successful you will have to enter a defence.How can you defend it( I appreciate you have had problems) but that will not be accepted as a valid defence.

Is it the CCJ that bothers you? Or the payments?

 

From the judgment its not a forthwith therefore you cant vary it (N245) you ask for a redetermination (N244) no fee. (subject to how old the judgment is)

 

Regards

 

Andy

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I already got the paperwork from the court for judgement to be set aside, they emailed it to me along with a form to fill out so i dont have to pay the fee as im on employment and support allowence.

 

I sent it back to them recorded delivery and they received it on 02/08/12.

 

Seeing as i filed the caa request to late and seeing as its doubtfull jusgement would be set aside I should just write to the court again explain that Ill need them to arrange a relistic payment plan...can i do that? if so....shall i do that now or wait for the outcome about the judgeent being set aside.

 

Im very thankfull for your help

 

Mnay Thanks

 

Michael

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Hi Andy, Thank you for your reply!

Its mainly the payments which is the issue...sorry if i sound stupid but is the N244.would that allow me to reduce the payments...like if im on benefits can the court decide i only pay "X" PER MONTH?

 

mANY tHANKS

 

michael

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Hi Michael

 

Yes as I explained but here is a link so you can read all about your options :-

 

http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

 

You only have 14 days to do a redetermination.

 

Regards

 

Andy

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  • 11 months later...

Good afternoon everyone. Sorry in advance for my naivety as this is my first time using this wonderful forum.

 

I received a CCJ with regards to an alleged debt of £86.00 to Santander cards on behalf of ‘The Lewis Group’ in July 2013.

 

I sent a CCA request to the Lewis Group and received a letter back informing me they don’t need to comply with a CCA request as they are not the creditor and because a CCJ had already been registered against me Santander wouldn’t have to deal with my CCA request.

 

The alleged debt has since been purchased by Arrow Global.

 

If I send arrow global a SAR and they can’t send me a copy of the alleged agreement is it then possible to get the CCJ removed?

 

All I want is to this agreement! Now a CCJ is registered against me am I able to do this?

 

Advise is welcome 

 

Many Thanks,

 

Michael

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YES you can send a SAR at any time.

 

Did you complete the forms sent in a claim pack, acknowledge service of the claim and enter a defence.?

If you did not defend the claim

 

The lack of an agreement will not affect the viability of the CCJ.

 

The time scale here sounds odd CCJ in July 2013 sold on already to AG????

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Apologies CCJ was obtained in July 2012 but has recently been sold to AG.

 

I did file a defence explaining that I 100% didn’t owe the debt and that I didn’t have a copy of the alleged CCA but the court wrote back and said the court wasn’t able to deal with the application because I haven’t provided sufficient enough evidence.

 

So now the CCJ is registered theres nothing I can do to get it removed?

 

Many Thanks

 

Michael

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