Court Claim - COHEN CRAMER SOLICITORS / Lowell PORTFOLIO - 18-03-2016

[Desperate1]

Received a claim? Yes
Issue Date: 18-03-2016
Amount approx: 312.38
Claimant: CABOT FINANCIAL (UK) LIMITED
Solicitor: COHEN CRAMER SOLICITORS
Original Credit: LOWELL PORTFOLIO

Particulars of Claim:
THE CLAIMANT'S CLAIM IS FOR THE SUM OF £219.80 DUE BY THE DEFENDANT UNDER A NON - REGULATED SHOP DIRECT ACCOUNT WITH A REFENCE OF ********.
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT.
THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 28/OCT/2010, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE CLAIM INCLUDES STATUTORY INTREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM OF £17.58.
THE CLAIMANT CLAIMS THE SUM OF £237.38

Stat Barred? NO

Have sent: Acknowledged the Claim

Other Info:
RECEIVED CLAIM FORM ON 21/03/2015, I HAVE ACKNOWLEDGED THE CLAIM, WHAT ARE MY NEXT STEPS, ANY HELP WOULD BE VERY MUCH APPRECIATED.

[Kati]

Re: Court Claim - COHEN CRAMER SOLICITORS / Lowell PORTFOLIO - 18-03-2016

There's a thread outlining your first steps here - http://legalbeagles.info/forums/show...it-Court-Claim
K xx

[Desperate1]

Re: Court Claim - COHEN CRAMER SOLICITORS / Lowell PORTFOLIO - 18-03-2016

Thank you for that Kati. Taking into account what it says in the particulars of claim as above, what documents can I request in the CPR 31.14 Request please.

[Kati]

Re: Court Claim - COHEN CRAMER SOLICITORS / Lowell PORTFOLIO - 18-03-2016

Thank you for that Kati. Taking into account what it says in the particulars of claim as above, what documents can I request in the CPR 31.14 Request please.

Particulars of Claim:
THE CLAIMANT'S CLAIM IS FOR THE SUM OF £219.80 DUE BY THE DEFENDANT UNDER A NON - REGULATED SHOP DIRECT ACCOUNT WITH A REFENCE OF ********.
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT.
THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 28/OCT/2010, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE CLAIM INCLUDES STATUTORY INTREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM OF £17.58.
THE CLAIMANT CLAIMS THE SUM OF £237.38

looks like you can ask for the agreement and the notice of assignment to me

I'll tag [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] to have a look too xx

[nemesis45]

Re: Court Claim - COHEN CRAMER SOLICITORS / Lowell PORTFOLIO - 18-03-2016

looks like you can ask for the agreement and the notice of assignment to me

I'll tag @nemesis45 and @Amethyst to have a look too xx

Good afternoon,

CCPR 31.14 and what to request.

The first thing I noticed is that the claimant states that this is a non regulated agreement, there's been a couple of other claims like this as far as I have been able to check all Shop Direct agreements are/were regulated under CCA 1974. (will come back to that)

Request a copy of the agreement. as [MENTION=49370]Kati[/MENTION] has highlighted
The Notice of Assignment..

That all for CPR 31.14.
So on to a CCA request for a copy of the agreement which goes direct to Lowell.

We will have to modify the normal approach due to the claim that the agreement is unregulated.

Write along the lines of.
Andrew Bartle
Chief Operating Officer
Lowell etc
HO address.


Date.

Re: CC Claim No............................... Issued on......................:

Dear Mr Bartle

I refer you to the above mentioned claim received via Lowell's legal representative Cohen Cramer & Co on .........................

I am concerned that Cohen Cramer states that the alleged debt arises from " An Unregulated Shop Direct Agreement " one has to assume that is the instruction Lowell has passed to Cohen Cramer however I believe that any such account would be regulated under CCA 1974 ) as amended.

Given the above please treat this letter as a formal request for copy of the alleged agreement mentioned in the claim.

I enclose here with a postal order for £1.00 for the statutory fee required for the request, please note that the postal order is endorsed for "statutory fee only" and must not be used for any other purpose.

As you are aware thee statutory timescale for this request is 12 + 2 Working Days please ensure compliance within this time.

Yours etc.

Send by signed for post: Check Delivery Date and signature print and keep for your records.

There's going to be the problem of the bank Hols all is going to be slow unfortunately.

nem