Lewis/C L Finance/Debenhams - mised judgement payment

[hammyhound]

Two years ago a claim was made by Creation Finance. I offered £20 they refused and it went to court whereby the judge ordered that I pay £14 a month yippee. Been paying that ever since.

 

I then receive a letter from Dryden Fairfax this week who have taken over from the previous idiots who represented Creation originally.

 

The crux of the letter says as you know we originally agreed that you could pay £14 (no you didn't the court did) a month. As we told you when we took over this matter last year that we would be reviewing this on a 6 monthly basis this letter confirms that your payment plan (eer CCJ I think) is now to be reviewed. Please complete the enclosed I & E.

 

First of all, I will certainly not be doing that.

 

Is the only way to force me to pay any more is to go back to court.

 

Is that correct.

 

I am under no obligation to pay any more than what the court ordered?

 

I feel like writing to them and saying go back to court my financial means have lessened since the original court hearing and you may be awarded £1.

 

BTW the original idiots tried to get a charging order which was in an original thread of mine where they failed to turn up despite sending a fax to the court that day saying they did not know when the hearing was. The CO was dismissed so I know the court would not be happy if they tried this again.

 

Drydens were (1) Unaware of the previous CO hearing and (2) still seem to think this is a payment plan and not a CCJ

 

Thanks for your help

 

HH

[ims21]

Thread moved to Legal issues in view of the CCJ matter.

 

I take it the judgement does not provide for reviews? If not then they cannot alter the judgement without going back to court I believe.

 

What does the judgement say?

 

The legal guys will be along to confirm.

 

ims

[AndyOrch]

Hi Hammy I trust you are well considering...

 

The only thing they could do is to make application for a further redetermination, its your choice to either ignore or humour them.Offer £16.00pm:madgrin:

 

Regards

 

Andy

[hammyhound]

Thanks guys, nothing on the judgement only saying £14 per month starting blah blah nothing about reviews.

 

I offered £20 originally and they refused.

 

Andy thanks by ignoring them and continuing to pay will not go against me if they decide for a redetermination I presume.

 

My finances are stretched but I have continued to pay £14. I dont want to complete an I & E but thought by not doing so they might apply for redetermination and tell the court I have been ignoring all communication.

[AndyOrch]

No but as I state they have that option and can get a redetermination, subject to the DJ lottery he will either order you maintain said payment or he may up it subject to your I&E.

Like I said offer an extra £2 = £16 see if any response.Then at least you have been cooperative if they do.

 

Andy

[hammyhound]

I have a judgment against me which I pay £30 a month to Lewis Debt Recovery.

 

Unbeknown to me there was a bank error and money was not sent. I only found out about this this week the payment should have gone last month. I am now 1 month behind but will make the payment.

 

What I couldnt believe was a bailiff's letter last week saying he was in the area and couldnt get an answer

 

Lie 1

the postman handed me the post that day and the letter had a stamp on it.

 

Lie 2

another letter arrives today (allegedly by hand but again had a stamp on it)

saying he acts on behalf of Lewis Debt Recovery on behalf of C L Finance on behalf of Debenhams

and if I dont pay by Friday "he will revert back to the office and probably get a charging order or levy a distress warrant".

 

I have no intention of contacting him and will just continue to make payment. I am sure if this got into somebody's else hands they would panic.

 

The debt is less than £1000 and I have been paying it on time every month since 2008.

 

What are the chances of CL Finance/Lewis Debt Recovery/Debenhams or anyone else who wants to own the debt going back to court.

 

If I make the payment in the next few days will a court look favourable.

[dx100uk]

willy waving

 

was it bailiffs or a trumped up dca?

 

dx

[dx100uk]

have you got a thread on the debacle

 

how did lewis get you in court.

 

dx

[ken100464]

And was it a store card that was changed into a credit card.

 

Because if it was they might just rue putting pressure on you enough to ask your original question above

[hammyhound]

It was back in the olden days before I found CAG. I admitted the debt and agreed payment by instalments. Looking back I probably could have hung them like I did with others I had but hey ho you learn.

 

I dont know if it is a bailiff or a DCA but what made me laugh was the brown envelope, on the back is the name Chris Bullock (ha ha).

 

The card says final notice the lewis group client C L Finance account no Debenhams and then despite a number of visits etc. I can tell you they are wasting stamps.

 

Never heard of him but it says to arrange a convenient appointment to come into my home.

 

Like hell

 

HH

[dx100uk]

you need tochallenge the whole debt...

if it were a bailiff it would say so.

 

store card, how old

as post 4

it could be blown our the water.

 

ever get all the statements?

 

what paperwork [if any] do you have

 

something smells here.

 

dx

[hammyhound]

It wasnt a conversion but having a judgement against me for £30 per month I dont think I can go back now. The original judgement was in 2008 and I have never defaulted on that payment before now. I am just wondering if Lewis will take the matter back to court to possibly get an attachment of earnings order. I suppose if they do I can apply for a redetermination saying the £30 is too much

[Old Cogger]

was this a card changed into credit card by ciompany\/ look at the "Mayhew" court case, most if not all had no CCA1974 for credit card, = grounds to get looked into, you can admit all you want under false information prescribed, but at the end of the day no actual CCA1974 aggreement = no debt !?