benadabec UE Diary

[helmsman]

Re: benadabec UE Diary

I would never ignore The Lewis Group because they're hand-in-glove with Howard Cohen solicitors (in the same office building sharing notepaper) who have been known to issue proceedings after only a couple of letters. I got hit that way and so have others on this site. I don't want to scare you but if it was me I'd answer the letter even if you only say "send me more information please" . But best to wait for a mod to advise in case silence is the way to go

I also agree was issued proceedings within 2 weeks.
PS it was an enforceable debt.

[Susie]

Re: benadabec UE Diary

Could you check with CRAs to check if a default is registered against your overdraft even if you haven't received a DN?

Ditto this, I have a default registered on my credit report from my Lloydstsb overdraft but have never received a default notice. Not sure why not as I am good at filing my paperwork - not that I am saying they did not send one of course, must have got lost in the post
-

[Pixie]

Re: benadabec UE Diary

I would never ignore The Lewis Group because they're hand-in-glove with Howard Cohen solicitors (in the same office building sharing notepaper) who have been known to issue proceedings after only a couple of letters. I got hit that way and so have others on this site. I don't want to scare you but if it was me I'd answer the letter even if you only say "send me more information please" . But best to wait for a mod to advise in case silence is the way to go

I was thinking the same thing but didn't want to scare bendabec. That's why I asked if they could check if there was a default registered with CRAs as Niddy says they can't take legal action if one hasn't been registered.

My experience with Lewis Group/Howard Cohen was for an enforceable credit card debt - one letter from each and then ccj claim form from Northampton.

So definitely do not ignore.

Hopefully, Niddy will be along to help soon but in the meantime, check the CRAs.

[Never-In-Doubt]

Re: benadabec UE Diary

My Barclays overdraft has finally been passed on to a DCA - The Lewis Group. They have written to me asking for full payment by 6th November or they may take further action.

Now, in July Barclays sent me a letter saying the next thing I will receive will be a termination of account. A few weeks later at the beginning of August, I recieved a final notice stating that this letter followed the termination letter. I received this exact same final notice at the end of August but have not received either a termination letter nor a default. Niddy explained that they can't take action on a live account, but can Barclays issue a default without notifying me? Would it be best to ignore for the time being?

What is the OD balance?

In any case, wait for now - don't respond, see what they plan on doing next yea? Don't worry about the CRA's - they need to send a letter before action, is this letter one of those, ie specifically entitled Pre-Action Notice or similar?

[benadabec]

Re: benadabec UE Diary

The O/D balance is now (after Barclays continually piled on fees) £1337.

Just did a credit report with Experian and the latest update from Barclays regarding the acccount was done on 9th October 2011. It hasn't been defaulted, it just says '2 payments late' in a nice shade of warning orange. I have all the defaults present from my unenforceable CC's, so assume this is all correct.

The letter from Lewis Group has no header, just goes into a "we have been instructed by our client" spiel. It does say however, "as your account is in default, you must pay the full amount immediately". But unless I'm reading the credit report wrong, there is no default and I have received no termination of account or default letter.

[Never-In-Doubt]

Re: benadabec UE Diary

The O/D balance is now (after Barclays continually piled on fees) £1337.

Just did a credit report with Experian and the latest update from Barclays regarding the acccount was done on 9th October 2011. It hasn't been defaulted, it just says '2 payments late' in a nice shade of warning orange. I have all the defaults present from my unenforceable CC's, so assume this is all correct.

The letter from Lewis Group has no header, just goes into a "we have been instructed by our client" spiel. It does say however, "as your account is in default, you must pay the full amount immediately". But unless I'm reading the credit report wrong, there is no default and I have received no termination of account or default letter.

Ahh, your account IS in default, yes, as you've defaulted the agreement however do not confuse this with being defaulted, in line with s.87 & s.88 of CCA1974. Biiiig difference, respond with this - see what that does for now: ---> Template letter here

[benadabec]

Re: benadabec UE Diary

Thanks Niddy for the prompt response.

With regard to the letter you advised me to send (CCA query missing prescribed terms), that states I requested a true copy of the executed agreement and was sent a document that doesn't comply with the CCA. What document do I attach? I didn't think the CCA route worked with overdrafts.

Sorry if I'm being stupid here!

[Never-In-Doubt]

Re: benadabec UE Diary

Its blagging, I know it's not relevant and neither did you perform any of the actions mentioned - however it's to confuse and buy you time

[benadabec]

Re: benadabec UE Diary

Oh I get it! It even had me confused! Would I send any correspondence with it?

[Never-In-Doubt]

Re: benadabec UE Diary

Oh I get it! It even had me confused! Would I send any correspondence with it?

yea, an envelope and stamp

No! Just the template!

[garlok]

Re: benadabec UE Diary

Thanks mate. I was getting a bit confused as well here LOL

Garlok

[benadabec]

Re: benadabec UE Diary

Muchos thanks Niddy. Will see what that does and what happens next

[Never-In-Doubt]

Re: benadabec UE Diary

Thanks mate. I was getting a bit confused as well here LOL

Garlok

haha - sorry, should have said.... usually that will prompt legal people to refer back to the client, ie buys time.....

I say usually, but no promises...

[garlok]

Re: benadabec UE Diary

Good thinking Batman!

regards
Garlok

[benadabec]

Re: benadabec UE Diary

Lewis Group back with a letter as of yesterday, saying account still not settled or arrangements to pay not made. If I fail to pay by 17th Nov, their 'instructions are to continue with further recovery action against you. Please deal with this matter immediately'.

So no reference to the CCA missing prescribed terms letter I sent them last week. This hasn't escalated to pre-action notice yet but what to do now with these aholes?