Lowell Portfolio LTD - Cohen Cramer Solicitors

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

It means that the requests are compliant with the both the current law (Consumer Credit Act 1974) and Civil Procedure Rules.
Re the CCA request, you have proof that the Claimant has ignored a lawful application for details; it is their statutory duty to provide them.
They cannot enforce their claim via court until/unless they do comply in full.

ok so what do i do now. it does say on the letter that they will provide the documents on or before disclosure were do i go from here now

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

To be honest, I've not seen such a flagrant dereliction of both statutory duty & court rules before this.
They seem to have decided that they call the shots, & their word is law.
You could just not respond to the letters & object strenuously via your defence; the letters do not invite a reply other than the time extension.
Or you could write stating that, as CPR 27 is not applicable until track allocation, they are non-compliant with both CCA & CPR requests (no need for detail), & do they need a standard time extension to comply?
Your choice, really.

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

To be honest, I've not seen such a flagrant dereliction of both statutory duty & court rules before this.
They seem to have decided that they call the shots, & their word is law.
You could just not respond to the letters & object strenuously via your defence; the letters do not invite a reply other than the time extension.
Or you could write stating that, as CPR 27 is not applicable until track allocation, they are non-compliant with both CCA & CPR requests (no need for detail), & do they need a standard time extension to comply?
Your choice, really.

Today is defence day i'm doing my defence online and to be honest i don't really know what to put i need some help on what to put

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

There is a defence example template at the top of this thread.
With a bit of tweaking to suit the facts of your case it should be fine.
You could post your draft on here for opinions if you like.
The claim issue date was 14th October, so you have 33 days from then (28, plus 5 allowed for postage) to submit.

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

ok thank you, i have already told Cohen that i was submitting on the 11th so i think i better to do it today before they whine if i change the date

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

1: I received the claim C3GK9N5R from the Northampton County Court on 17/10/2016


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim is for Lowell Portfolio 1 LTD a Catalogue Account agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


[5. The particulars of claim fail to state when the agreement was entered into.]


6. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio 1 LTD on 16/10/2015. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Lowell Portfolio 1 LTD served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 02/11/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment .


9. Cohen Cramer Solicitors has not sent any of these documents to me.


10. On the 19/10/2016 I sent a formal request for a copy of the original agreement to Cohen Cramer Solicitors and Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....


this okay?

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

does this look ok to send?

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

oh my god i don't believe what i have done :tinysmile_cry_t: I've been dealing with two claims at the same time and my head has been allover. but i have made a mistake and think i have mucked everything up. I was suppose to of sent a CCA request to Lowell Portfolio on the 19/10/2010 but i sent it to the solicitor by mistake Cohen Cramer Solicitors but on the letter i got back from them they said that they notified Lowell Portfolio 1 anyway. but i did send the CPR 31.14 request to the solicitor.

so on the defence i have only correspondence with the solicitor and not the claimant. basically the claimant hasn't had any letters or correspondence from me for any documents unless Cohen has notified them

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

Personally, I would send another CCA request + £1 fee directly to the Claimant, & add an extra paragraph to the CCA request to say that the first was sent on (date) to their solicitors. Keep a copy, & get proof of posting.
I wouldn't worry about the wording on the defence, & if it was mentioned by anyone, I'd just say that I originally thought I had to send everything to the solicitors per court claim instructions.

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

1: I received the claim C3GK9N5R from the Northampton County Court on 18/10/2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has previously entered into an agreement Lowell Portfolio 1 LTD for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Studio to Lowell Portfolio 1 LTD on 16/10/2015. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lowell Portfolio 1 LTD served any Default notice on the Defendant pursuant to s78 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 19/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment .
9. Cohen Cramer Solicitors has not sent any of these documents to me.
10. On the 14/11/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
17. The First CCA Request was sent on 19/10/2016 to Cohen Cramer Solicitors.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

- - - Updated - - -

1: I received the claim C3GK9N5R from the Northampton County Court on 18/10/2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has previously entered into an agreement Lowell Portfolio 1 LTD for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Studio to Lowell Portfolio 1 LTD on 16/10/2015. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lowell Portfolio 1 LTD served any Default notice on the Defendant pursuant to s78 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 19/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment .
9. Cohen Cramer Solicitors has not sent any of these documents to me.
10. On the 14/11/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
17. The First CCA Request was sent on 19/10/2016 to Cohen Cramer Solicitors.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

The CCA Request will be sent off tomorrow to Lowell, And i will be filing my defence i hope it's not too late to file it.

does the Defence look ok to you?

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

My opinion.

10. On the 19/10/2016 I sent a formal request for a copy of the original agreement to Cohen Cramer Solicitors pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10(a) Receiving no reply from the Claimant or their solicitors, on 14/11/2016 I sent a formal request for a copy of the original agreement directly to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. .......

Remove para #17
& double-space the paragraphs for easier reading.

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

My opinion.

10. On the 19/10/2016 I sent a formal request for a copy of the original agreement to Cohen Cramer Solicitors pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10(a) Receiving no reply from the Claimant or their solicitors, on 14/11/2016 I sent a formal request for a copy of the original agreement directly to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. .......

Remove para #17
& double-space the paragraphs for easier reading.

1: I received the claim C3GK9N5R from the Northampton County Court on 18/10/2016.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has previously entered into an agreement Lowell Portfolio 1 LTD for provision of credit.


5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6. The Claimants statement of case states that the account was assigned from Studio to Lowell Portfolio 1 LTD on 16/10/2015. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Lowell Portfolio 1 LTD served any Default notice on the Defendant pursuant to s78 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 19/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment .


9. Cohen Cramer Solicitors has not sent any of these documents to me.


10. On the 19/10/2016 I sent a formal request for a copy of the original agreement to Cohen Cramer Solicitors pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10(a) Receiving no reply from the Claimant or their solicitors, on 14/11/2016 I sent a formal request for a copy of the original agreement directly to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....


This ok? i am doing the defence online via MCOL so will this still be ok?

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

This ok? i am doing the defence online via MCOL so will this still be ok?

Lol!

Try it.

If you can't do it via the MCOL site, you could send a signed copy via email to ccbcaq@hmcts.gsi.gov.uk as an attachment.
(You'll need to put Lowell Portfolio 1 Ltd v (your name); Court claim no. XXXXXXXX (per claim form) in the email subject box).

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

Lol!

Try it.

If you can't do it via the MCOL site, you could send a signed copy via email to ccbcaq@hmcts.gsi.gov.uk as an attachment.
(You'll need to put Lowell Portfolio 1 Ltd v (your name); Court claim no. XXXXXXXX (per claim form) in the email subject box).

Defence sent off Via MCOL and CCA Request with £1 postal order sent 1st class Recorded.

what happens now if it goes in my favor the claim against me will be shut down?

but what happens if the claim goes in their favor what happens then?

[Stu]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

It could swing either way snaylor but if they can't produce your CCA at the final hurdle then it can't be enforced through court, it is a long slow going process, so just take things as they come...

Now your defence is in, they have 28 days to respond and if they do it's not the end of the world, it doesn't mean you have lost automatically ... It's just going to go to the next step which is the directions questionnaire ...