Lewis Collectionswelcome debt

[skyblue2027]

Hi All,

 

OK, i am down from 23 debts to 2, but these are my 2 big ones!

 

I have a Welcome finance loan via Lewis collections with a balance of around £3500 and one with 1st Credit for Everyday Loans for around £2500.

I have been paying £10 per month for around a year on both. Both were taken out circa 2007 and pretty much defaulted not long after due to my financial difficulties at the time.

 

I have now been made redundant so am going to struggle with the immediate payments.

 

Should i now CCA them and see what i can challenge. If so what should i expect as i do not want the likes of Bryan Carter or Restons and the like as i am out of work at this time.

 

Or should i write to ask for lower payments until i am back to work then start any challenges?

 

I left these two last as my dealings with both companies have not been good and i think it may take time to claim ppi etc and charges.

[MARTIN3030]

First of all-well done on sorting out the others,you have obv done lots of work.

Have a look in the welcome forums and 1st credit-maybe an idea to start threads there.

Requesting lower payments is an option and one that they are required to look at.

Make sure that you send supporting evidence of your finacial situ-ie income and exp sheets.

Keep things in writing with proof of delivery-making it clear that you will deal only in writing.

No harm to look at any charges or PPI.

If you havent already got the info-maybe time to do a full SAR to get it.

[coledog]

Sorry to disagree but I would personally never ever send details of your income and expenditure, DCAs and creditors have no right to see this. You can write and say that you have taken advice, looked at your I/E, your circumstances have changed and offer what YOU think you can afford. If on benefit the acceptable amount is £1 per benefit payment (as this is all a Court would agree). Only a court can request I/E and proof of income.

 

A CCA is a good idea as you can determine if the debts are enforcable and if they are make a reasonable payment.

 

A good CCA letter below - don't know if this one is in the library yet. Send with £1 postal order:

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading

Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

I look forward to hearing from you.

 

Yours faithfully

**Edit to suit**

 

(Print do not sign

signature)

[MARTIN3030]

"Sorry to disagree but I would personally never ever send details of your income and expenditure, DCAs and creditors have no right to see this."

 

Its in line with guidance for dealing with creditors as issued by the CAB and others.

 

It also allows recourse under OFT debt collection guidance if no considerations are given to it.

[coledog]

Hi Martin

 

I know this is what CAB and others do, I am just pointing out that you don't have to do this, only a court can ask for it. It is acceptable to state exactly what you can afford and stick to that. In my experience, providing details of your finances to Debt Collectors causes more problems and is best avoided but stress it is my opinion based on years of dealing with these people.

[ScarletPimpernel]

When I am assisting someone in similar circumstances, my initial move in these circumstances is to say, in a letter, that 'after calculating income and expenditure using a template supplied by CAB, Mr X can afford to make a payment of £xx. A cheque in this amount is enclosed.' It's worked so far; DCAs are primarily interested in money, and the first payment appears to be far more important than an I&E. Of course, every three months they try demanding more - but they do this even when an I&E is supplied - when they receive a response referring them to the original letter.

[skyblue2027]

thanks for your opinions/advise. so just ot confirm, should i send the CCA requests off and a letter asking to lower the payments due to jobseekers or just the CCA letter first?

 

Kind Regards

[coledog]

Hi

 

I would send the CCA letters as, if, they do not respond or send a valid agreement you can withhold payment until they do. They have 12 (plus 2) working days to do this (about 3 weeks) You can then send an account in dispute letter and not pay until an agreement is produced. If in the future you really want to pay something to settle you can make a reasonable offer to clear an unenforcable debt. If they can prove an enforcable agreement I would offer what you can afford and stick to it.

[Stigman]

Hi Skyblue,

Send the CCA letter first, they have 12 + 2 working days to respond, the + 2 working days are to allow for postage.

If you get anything back, scan in and post here but remove your name, address, reference numbers, full amount owed and any barcodes for your own protection.

If 14 working days has elapsed and you have recieved nothing, you can send the account in-dispute letter and with-hold payments.

Don't forget to NEVER SIGN YOUR NAME, PRINT ONLY, send by recorded delivery.

Personally, I know what CAB does but I wouldn't send a DCA any of my income details.

Best Wishes

Stigman

[babybear39]

DCAs are well known to make ludicrous suggestions about I & E info. For instance, they often tell you to get rid of pets as you can't afford them, they tell you you can't afford to watch TV, buy clothes, pay insurance...You get the picture

 

Some DCAs often, allegedly, even tell people who are disabled that they are going to report them to social services as they clearly aren't able to look after their children!

 

In dealing with DCAs my opinion is the less info. you give, the better as they will use anything to force you in to making payments you cannot afford. You tell them how much, NOT the other way round