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Lowell/Cohen Cramer Shopdirect Claim

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  • #31
    Re: Lowell/Cohen Cramer Shopdirect Claim

    Ok.

    That seems to tie in ok with an agreement signed Dec 2010, but I don't have another T&C copy from Dec 2010 to compare it with.
    However, they haven't sent T&C's from when the agreement ended, & so are in breach of the CCA s78 request......for now.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #32
      Re: Lowell/Cohen Cramer Shopdirect Claim

      So apart from sending the SAR in Monday what should be my next move?

      I'm confused about how to answer the DQ as they have sent me documents but as you say it doesn't seem compliant with my request.

      Should I be thinking about amending my defence or can that be altered later?

      Comment


      • #33
        Re: Lowell/Cohen Cramer Shopdirect Claim

        Hi all I'm back from my trip now. The SAR was sent last Monday so will be interesting to see what comes back.

        Next I have to fill and send the DQs.

        They didn't send ALL the documents but they have sent some, so how do I answer it? Sorry if this is is a silly question but I want to make sure I get it right.

        Comment


        • #34
          Re: Lowell/Cohen Cramer Shopdirect Claim

          Tagging [MENTION=7765]Joanna C[/MENTION] @pt2537 @charitynjw @Diana M
          Last edited by EXC; 22nd February 2017, 03:57:AM.

          Comment


          • #35
            Re: Lowell/Cohen Cramer Shopdirect Claim

            Originally posted by Sophie1994 View Post
            Hi all I'm back from my trip now. The SAR was sent last Monday so will be interesting to see what comes back.

            Next I have to fill and send the DQs.

            They didn't send ALL the documents but they have sent some, so how do I answer it? Sorry if this is is a silly question but I want to make sure I get it right.
            Ok

            The DQ is to assist the Court in allocating the Claim to the correct track. How much is in dispute here? If its over £10k then the Fast track is the likley track you will end up in, if under £10k then small claims will be where you land.

            you would normally draft up directions to accompany the directions questionnaire, within the directions you could include a part that says the Claimant shall serve on the Defendant the following xxxxxxxxxxxxxxxxxxxxxxxx and that way you could cover the missing documentation that they havent provided you todate.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #36
              Re: Lowell/Cohen Cramer Shopdirect Claim

              Originally posted by Sophie1994 View Post
              Do I proceed and hope that they will make a mistake or not turn up on the day? Or do I negotiate with them? Surely if they cannot evidence a default notice then that is grounds for reducing the debt by taking the massive charges that were added to it? On the statement it says the money owes for the goods was £232 and that there are £158 in charges. .
              I've read back through your thread for the first time. Can you clarify if the amount of the claim is £390 (or thereabouts) as per your above post?

              When you complete the DQ it should ask you if you want to attempt Mediation, so tick the Yes box for that. You can decide later if that is the way forward for you or not.

              Di

              Comment


              • #37
                Re: Lowell/Cohen Cramer Shopdirect Claim

                Originally posted by Diana M View Post
                I've read back through your thread for the first time. Can you clarify if the amount of the claim is £390 (or thereabouts) as per your above post?

                When you complete the DQ it should ask you if you want to attempt Mediation, so tick the Yes box for that. You can decide later if that is the way forward for you or not.

                Di
                The amount they are claiming for is approx £450, that is including court and solicitors fees.

                At the moment I feel like they will produce more documents if pushed apart from the default as it says in their own document they sent to me that they are unable to produce a default notice.

                So my question is, can they enforce the debt without showing that a default was even sent?

                If Yes, would it be possible for me to argue that the charges should be knocked off as they have not sent me s default and neither have they explained where they got £158 Of charges from?

                Comment


                • #38
                  Re: Lowell/Cohen Cramer Shopdirect Claim

                  Originally posted by EXC View Post
                  Tagging @Joanna C @pt2537 @charitynjw @Diana M
                  Hi Exc if you click on my tag it takes you to Nemesis's profile page ?
                  Last edited by EXC; 22nd February 2017, 04:02:AM.

                  Comment


                  • #39
                    Re: Lowell/Cohen Cramer Shopdirect Claim

                    Originally posted by Joanna C View Post
                    Hi Exc if you click on my tag it takes you to Nemesis's profile page ?
                    Ooops no idea why that happened, maybe a bad copy, edit & paste) I've fixed your tag in my post but can't in your quote. Sorry!

                    I'll try tagging you again (yep all ok) - @Joanna C


                    Comment


                    • #40
                      Re: Lowell/Cohen Cramer Shopdirect Claim

                      Originally posted by Sophie1994 View Post
                      At the moment I feel like they will produce more documents if pushed apart from the default as it says in their own document they sent to me that they are unable to produce a default notice.
                      That's why personally I wouldn't push them for anything.

                      You've sent a CCA Request and you've sent them a CPR 31.14 Request. Either they've complied or they haven't.

                      If nagged they may get busy reconstituting more stuff.

                      Di

                      Comment


                      • #41
                        Re: Lowell/Cohen Cramer Shopdirect Claim

                        So if they don't provide any more documents as it stands my defence will be strong enough should it proceed to court?

                        Comment


                        • #42
                          Re: Lowell/Cohen Cramer Shopdirect Claim

                          Originally posted by Diana M View Post
                          That's why personally I wouldn't push them for anything.

                          You've sent a CCA Request and you've sent them a CPR 31.14 Request. Either they've complied or they haven't.

                          If nagged they may get busy reconstituting more stuff.

                          Di
                          This is the big question right now that I still need an answer for.

                          According to the documents I have received have they complied? Is the debt enforceable with these documents?

                          Thank you x

                          Comment


                          • #43
                            Re: Lowell/Cohen Cramer Shopdirect Claim

                            DQs have been sent to the court and copy emailed to lowell solicitors so now 10am currently waiting for contact from mediation.

                            Comment


                            • #44
                              Re: Lowell/Cohen Cramer Shopdirect Claim

                              Originally posted by Sophie1994 View Post
                              So if they don't provide any more documents as it stands my defence will be strong enough should it proceed to court?
                              Originally posted by Sophie1994 View Post
                              This is the big question right now that I still need an answer for.

                              According to the documents I have received have they complied? Is the debt enforceable with these documents?

                              Thank you x
                              @Diana M ... have they complied with the request from what Sophie has said they've sent (no Default Notice at all) ??
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                              • #45
                                Re: Lowell/Cohen Cramer Shopdirect Claim

                                are you able to post up the documents you received? its hard to say whether a party has complied without seeing the docs they sent
                                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                                If you need to contact me please email me on Pt@roachpittis.co.uk .

                                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                                You can also follow my blog on consumer credit here.

                                Comment

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