Lewis Group can't help me verify debt

[chambers]

Hi, I really need a hand and will include as much as I can think of:

 

Bought a camcorder in '04, and both me and hubby were POSITIVE we paid it off (during the interest free period) the month we moved in April 2005. But typically we can find no paperwork.

 

Got something from GE early this year, and I replied asking for info but they said they could not help. I generally prefer to do anything like this in writing but I spoke to them at length on the phone, explained I really needed a statement, they said they had not contacted me for at least 18 months and would call me back on a given day and time with the info. I did not hear from them.

 

So Viking debt collection contacted me and I was concerned at this, this was around July this year. I rang them and they were of no help at all and told me to go back to GE who refused to deal with me saying my account (with them) was now closed.

 

No Lewis Group (and the most obnoxious man I have ever dealt with) are chasing me. When I got the first letter I wrote to them explaining the situation. No reply. I re-sent the original letter, no reply. Now a debt collector is putting notes through my door. It's REALLY hard to call during the day and I could not get through to him prior to 9am or after 6, or the days I was able to try and call.

 

I left a voicemail for him explaining I had tried for months to get the relevant info and resolve things, and asked if he could help me to get the info. He kept putting notes through the door, or called for me weekends when I was out. It has really peed off my husband who gets disturbed because he works shifts.

 

Today my husband rung the number on the most recent card, the debt collector intimidated I had large amounts of debt I had not told my husband about (the entire item was approx £250-300 originally!) which is rubbish and I have never had debt problems before. I can absolutely afford to pay the amount, IF I owe it and I believe I do not.

 

The debt collector told my husband he would get the police to accompany him to force me to speak to him, I could lose my job, the court will pass judgement against me and there is nothing at all I can do about it. I rang the guy, explained the position again and he said he had no details except the date the credit agreement began, and it would be against data protection to discuss the account with me. In the end he said he would send the debt back with the advice to go for a CCJ and I said 'Good!' as by this time I was livid at his bully tactics and refusal to let me even get one sentence out.

 

He then rung my husband back to tell him how awkward I was and that he would be issuing a 5 day final notice (this after asking me for permission to discuss the debt with my hubby and me refusing permission - not because I have anything to hide but because if the guy can't get info to help ME sort it, then there's nothing in the world my husband can do).

 

This week I have emailed and posted the previous correspondence to Lewis Group, but have recieved nothing back.

 

I do not want to risk any CCJ against me and I know this is already affecting my credit rating, please could someone let me know my best course of action now?

 

Thanks for anything.

[Curlyben]

Oh dear Lewis talking crud as ever.

The police will NOT get involved as this is a civil matter.

You are completely within your rights NOT to speak to these "people" as they will say anything.

 

Now NEVER speak to these people on the phone and ignore the calling cards as they are simply another scare tactic.

 

I assume that this was bought in a store via a short term loan.

 

In that case we need to ensure that Lewis even have the right to collect this "debt".

Time for a legal CCA request.

 

Here's one that will suit your position well as there's some extra bits that are needed.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true SIGNED copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) Consumer Credit Act 1974 your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. A fair processing notice.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

You have 12 days to comply. After 30 days of non-compliance you will be in criminal beach of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

Also DON'T sign it, simply print your name as some "odd" things have happened with signatures.

It's best to send a PO with it as it doesn't contain any of your personal details.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[chambers]

Many Thanks, I will do this immediately. The 'bailiff' says I will receive nothing in writing from Lewis Group now as he has the account not them, am I okay just to send this letter to their head office per their website? I have no address of the debt collector so I assume that's my only option.

 

Thanks so much.

[Curlyben]

Sorry to say but you have been fed a line.

They are telling "untruths" or more likely Bovine Excrement.

Don't panic help is at hand.

 

If they ignore your CCA and continue to demand payment then we'll get Trading Standards involved.

Keep us updated as we're here to help.

 

Send the CCA to this address:

 

Lewis Debt Recovery

The Lewis Group Ltd

Lawrence House

Riverside Drive

Cleckheaton

West Yorkshire

BD19 4DH

[pt2537]

Bovine excrement i do believe

 

and large quantities at that

[chambers]

Hi again folks, just to confirm that they wrote back (I recorded delivery and emailed the letter) and confirmed receipt on 21 November. I have received nothing from them since.

 

I'll sit and wait and come back if I need more help, but I am so grateful just to have got the meatheads off my back. I have never heard a posher-speaking thug in my life! Thanks again.