Lewis debt recovery

[therafalution]

We received a final demand from lewis' this morning regarding a next account. my wife contacted them and got an agreement to pay £3 per month off a £1500 debt. She reckons next have been levying £30 late payment charges over the last 6 years. she thinks the account was set up over the phone and she doesn't recall signing anything. The plan is to send next an SAR and request a copy of the agreement. Anybody got any other suggestion, much appreciated any help.

[gizmo111]

You have done the right thing so far - when you ahve the full details of charges levied then post back so we have a clearer picture of wahts been going on.

[therafalution]

will do thanks

[therafalution]

sent the request for a copy of the agreement 10 days age , since then not heard a thing. Sent it recorded delivery but nothing has shown up on the royal mail website. do next normally ignore such requests, where do we stand when the 12 day is up?

[diskmandave]

sent the request for a copy of the agreement 10 days age , since then not heard a thing. Sent it recorded delivery but nothing has shown up on the royal mail website. do next normally ignore such requests, where do we stand when the 12 day is up?

 

Don't write to anyone!

 

Call the 0845 No on the back of the REC/DEL slip, go thru the automated bit and request a real person (!), ask for proof of del to be emailed to you if they can't provid it on website (this is what you paid for!), they did it for me in just over an hour.

 

Good luck, Dave.

[therafalution]

checked my bank account and the cheque was cashed last week, still not heard anything as of today.

[djweeble]

If the cheque was cashed, you have irrefutable proof that the letter was received, the only thing you don't have...... yet...... is the exact date. Call the 0845 number..... then......

 

Just sit back and let them commit an offence

[therafalution]

the cheque was cashed on the 7th feb and we have heard nothing. Just to get a few things straight in my head:

 

1 Next pass debt to lewis who contact wife who agrees to pay £3 per month

2 We send cca requst to next who cash cheque and have now gone over the 12 day limit in which to respond.

3 After 30 days we get into criminal offence territory. At what point do we tell next and lewis to go away?

 

All help is really appreciated, without the people on this site my bottle would have gone long ago. Thank you!

[diskmandave]

Whilst in default (after 12(+2)days) the debt is un-enforceable with or without a court order. Lewis' certainly shouldn't be chasing you for it in the mean time!

[therafalution]

Thanks, so we should tell lewis that the debt is not enforceable and stop payment and then sit tight? I hope so that would mean that i have cleared "2k off our debts ove the last week.

[diskmandave]

Thanks, so we should tell lewis that the debt is not enforceable and stop payment and then sit tight? I hope so that would mean that i have cleared "2k off our debts ove the last week.

 

You're missing the point just a little. Whilst in default the debt is unenforceable. There's still a chance that they will provide the agreement before an offence has been committed, and it will kick in again depending on them providing what is seen as an acceptable copy (by law) of the agreement, certainly don't count your chickens though! Even if they do provide an acceptable copy after the offence has been committed they still have the option of going to court but they would have to explain why they committed an offence... Hope that makes a little bit of sense, it sure wouldn't have to me just a few months ago! :grin:

 

Good luck, Dave.

[therafalution]

Cheers, the more i read the darker it becomes although its starting to make sense. So to enforce the debt next have to provide a copy of the ageement, if they are unable to is that game over?

[diskmandave]

Cheers, the more i read the darker it becomes although its starting to make sense. So to enforce the debt next have to provide a copy of the ageement, if they are unable to is that game over?

 

This might help.......

 

OFT rsponse to failing to provide agreement:

 

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

 

 

 

 

Bed time!

[sarahpp]

the cheque was cashed on the 7th feb and we have heard nothing. Just to get a few things straight in my head:

 

1 Next pass debt to lewis who contact wife who agrees to pay £3 per month

2 We send cca requst to next who cash cheque and have now gone over the 12 day limit in which to respond.

3 After 30 days we get into criminal offence territory. At what point do we tell next and lewis to go away?

 

All help is really appreciated, without the people on this site my bottle would have gone long ago. Thank you!

 

Can I just clarify here because the CCA request should have been sent to Lewis Group. They are the ones seeking to enforce the debt (they have probably bought it from Next). In order to establish their legitimate right to enforce the debt they have to be able to supply the Agreement. They should also provide statements of account in order to comply with the OFT guidelines on debt collection.

 

You should have sent a S.A.R. to Next in order to establish whether there were any penalty charges levied on the account which are reclaimable.

 

They are two separate issues.

 

I wouldn't be at all surprised if Lewis Group did come up with the Agreement (they did for me) and I would strongly recommend in this case that your wife keeps up the £3 a month agreed payments whilst this is being sorted out because if she doesn't they are quite likely to apply for a CCJ against her and for the sake of a couple of £3 payments it just isn't worth it (in my opinion)

 

I know that probably none of what I have said will be welcome news to you but, I felt that they were important details to point out.

 

To summarise:

 

S.A.R - (Subject Access Request) to Next to obtain your statements

 

CCA to Lewis Group to obtain the Agreement/up to date statement of account.

[therafalution]

Thanks for all that.

This morning we received this letter from next.

 

I acknowledge that next retail ltd does not hold a CCA agreement signed by you.

 

However, the goods that have been charged to your account have been ordered by and delivered to you, without payment in full having been made for them. You therefore remain in debt to next directory.

 

 

any advice please?