Howard Cohen/Lowell/Claim + General Direction order

[sammyg_901]

Hi

I've had a read through some threads here but I'm a bit confused!

I've received a claim form N1CPC but dated 1st May 2013 to my old address (I'd moved at this point already)

They then submitted an application notice N244 on the 17th October to have the the claim extended by three months as the post was returned

There is then a "general direction order" N24 granted on the 12th November to extend the life of the claim to 31.12.13.

So firstly - is this all legit if the claim is so old?

I don't even know what the debt relates to ! Presumably Lowell bought it from someone?

So I think my next step is to say I will be defending the claim and submit the "request disclosure of documents referred to in your claim, pursuant to CPR 31.14." to Howard Cohen?

Can anyone explain the timescales I now have?

[Amethyst]

Re: Howard Cohen/Lowell/Claim + General Direction order

Form N1 may be served at any time within 4 months of issue. As the N1 was returned undelivered by the PO to the court, they will have sent a notice of non-service advising that they must now attempt service of the N1 themselves. If it wasn't served within four months then they must apply to extend the time, which is what they have done, extending the time for service to the 31st December.

When did you receive the claim (have you received it?) If so can you type up the POC...

[Amethyst]

Re: Howard Cohen/Lowell/Claim + General Direction order

Picked up the relevant CPR for you

Service of a claim form	Rule 7.5
Extension of time for serving a claim form	Rule 7.6

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

I received it yesterday.

The POC is

This Claim is for the sum of <BD_BALANCE> in respect of the monies due from the Defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974

The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant.

The Defendant has failed to make contractual payments in accordance with the terms of the Agreement. A default Notice has been served upon the Defendant pursuant to Section 87 (1) of the Consumer Credit Act 1974.

The Claimant claims the sum of <DB_BALANCE> which is inclusive of interest.

[Gorang]

Re: Howard Cohen/Lowell/Claim + General Direction order

Is the amount being claimed under £10k???

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

Yes, £1300

[Gorang]

Re: Howard Cohen/Lowell/Claim + General Direction order

So I think my next step is to say I will be defending the claim and submit the "request disclosure of documents referred to in your claim, pursuant to CPR 31.14." to Howard Cohen?

YES acknowledge the claim if you have not done already

Send the CPR 31.14 request to the solicitor that is acting on behalf of the claimant

Also send a CCA request to the claimant with the stat £1 fee (via a Postal Order)


CPR 31.14 request

Dear Sirs,


Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1.The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The notice of assignment.
3.The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

And CCA request

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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 (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 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).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

•a copy of their agreement
•copies of some of the other documents mentioned in their agreement
•a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

•make the debtor pay the debt before they're supposed to
•get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

Sign with a fancy computer font rather than your signature as some orgs have a nasty habit of copying and pasting peoples signatures onto agreements

[Gorang]

Re: Howard Cohen/Lowell/Claim + General Direction order

Once you have acknowledged the claim then tomorrow it wouldn't be a bad idea of double checking with the court (as there has been a lot of delays in you getting the N1 summons) of the date when you need to submit a defence or application, just so you can't be caught out at all


Just out of interest, what is the issue date that is on the summons???

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

Issue date on the summons is 1st May 2013

I will get both those off via Recorded delivery today.

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

I have spoken to the court and I have until the 8th January to submit my defense

[Gorang]

Re: Howard Cohen/Lowell/Claim + General Direction order

Good job you checked then as that is not far off with hols in between

Have you any idea who the original Creditor could be or what the deb has been for originally???

If you can then it wouldn't be a bad idea to send a SAR to the original creditor as well, so you can gather as much evidence as you can

[CleverClogs]

Re: Howard Cohen/Lowell/Claim + General Direction order

Sign with a fancy computer font rather than your signature as some criminals have a nasty habit of copying and pasting peoples signatures onto agreements

I've fixed your post for you. :grin:

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

OK so today I have to submit my defense and I've only received one letter from Lowell which I've managed to leave at home!

But the jist of it was that the debt is a Halifax overdraft and the letter states something along the lines of

This account relates to a bank account that you held with HBOS PLC. We would advise you , however that a bank overdraft is a running account credit and such is exempt from part V of the CCA 1974 relating to the form and content requirements of regulated agreements.There is no statutory requirement to enter into a formal credit agreement for the bank overdraft.

I want to submit something to the court today - any templates / ideas what? Thanks!

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

Oh just to say I have no idea how the amount has got so high - I got in a pretty big muddle but I'm pretty sure the overdraft was only £500 in the first place!

[Amethyst]

Re: Howard Cohen/Lowell/Claim + General Direction order

Funny then if it is an overdraft as their POC states '' This Claim is for the sum of <DB_BALANCE> in respect of the monies due from the Defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974 ''

(did you type in the DB_BALANCE bit or is that what it says on the claim form? )

The letter from Lowell sounds like a response to your CCA request - which is right if the claim is for an overdraft as PART V doesn't apply.

Have you had anything on your CPR request as yet ? If not you need to chase them up and ask them to agree to an extension of 28 days and let the court know.