Advice needed please regarding notice of pending legal action

[Dubbers]

Hi everyone, I'm new here to the forum and I'd really appreciate if anyone could give me any help or advice regarding a old catalogue debt I have from a few years ago. At the time I was working full time, had a secure job, had my own flat but unfortunately I was made redundant and as I was working through a agency for the company for a year, I wasn't entitled to any redundancy payments. I also had to move out of my flat as I couldn't afford the rent anymore so I moved back home with parents.

I've since been getting debt companies sending letters which have changed a couple of times which I ignored but I received a notice of pending legal action letter on Friday the 3rd of October 2017 from Cohen Cramen Solicitors chasing payment from their client Lowell Portfolio I Ltd.

I've looked in the forums on here and a few other sites for advice and help from similar cases. Do I send a CCA letter with a £1 postal order to Lowell Portfolio I Ltd and a copy to Cohen Cramen Solicitors? Could anyone advice me on what information I need to send and request please?

I will attach the letter I received from Cohen Craven Solicitors and the reply forms I received. I will black out account numbers etc. I haven't replied yet as I wanted to make sure I was sending the correct information and I'm very wary of signing my signature.

Really appreciate your time and helps

[warwick65]

Re: Advice needed please regarding notice of pending legal action

Hi
There is a thread on here about the new pre action protocols although for some reason it is in VIP so you can't read it
[MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION]
can this be moved to the subform in received a court claim so it is of use to people?

personally I would return the form ticking box D - I dispute the claim
I would also send a CCA to Lowell

I would then also send a letter to Cohen Cramer along with your reply saying you do not recognise the debt and would they please supply
The agreement
The Default Notice
The Notice and Deed of assignment between Shop Direct and Lowell Portfolio
A full statement of account showing how the amount has been arrived at

I would also include a copy ( without the fee) of the CCA request

Send both letters by Royal Mail signed for


Just one question, how old is the catalogue debt - when was it opened?
Also how long is it since you made a payment to it?

It may be that you will end up having to make a payment arrangement but that is in the future and lots of things could happen before then

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Hi Warwick65 and thanks for your help and reply. I was thinking the same and ticking box D too. The account would of been opened roughly around 2013 from what I can remember and it would been opened online at the time. From what I can remember, the last payment I would of made would of been 2 or 3 years ago before account was passed to dca but I've never made any payments to dca's if that makes any difference?

Regarding the CCA, is there a specific CCA I have to send or can I use the template in the green section on here?
I'm very wary of signing the form Cohen Cramer have sent, do I have to sign this? Are there any templates with what I could possibly use to send a letter to Cohen Cramer as I wouldn't know what to say?

Sorry for all the questions, just want to get everything correct before I send everything out. Thanks again for your help, especially on Sunday evening.

[warwick65]

Re: Advice needed please regarding notice of pending legal action

Hi

You can use the template that is on the forum

If you worry about signing anything you can use an anti tamper strip, there are some about if you google them

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

I've just saved the CCA template so I will fill that in straight away and ill look on google for the anti tamper strip. Regarding when I update the CCA before sending it to Lowell. As its regarding a old catalogue debt would still use ''sections 77-79 of the consumer credit act 1974'' or would I change anything there at all? I just want to make sure I complete the CCA correctly before posting it.

regarding the postal order, this may seem silly but do I put Lowell Portfolio I Ltd as payee on postal order? the lady in the post office aske if I wanted the postal order crossed, I said no as I wasn't sure so do I have to put a cross or anything on the back?

Thanks for your help again, really appreciate it.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

I may be stupid as I'm new to all this but whats the difference between a Pre Action Conduct vs a CCA? Are the same thing?

[charitynjw]

Re: Advice needed please regarding notice of pending legal action

I may be stupid as I'm new to all this but whats the difference between a Pre Action Conduct vs a CCA? Are the same thing?

No, they are totally different animals.

Normally referred to as a CCA request, it is a request via ss77-79 Consumer Credit Act for a copy of the relevant agreement, & terms & conditions including subsequent variations, & any other agreement mentioned in it, plus a statement of the account.
There is a £1 fee.
An accurate reconstituted copy, not necessarily from the original, may be acceptable for ss77-79 purposes.
Once received, the creditor or owner of the debt then has 12 days to provide it. Failure to comply with this renders the agreement unenforceable unless/until they do comply.

Pre-action conduct (protocol) are the actions taken by the Claimant & the Defendant leading up to a court claim as required by Civil Procedure Rules.
Recent changes (2/10/2017) requires more dialogue between the parties before a claim is issued.
https://www.hilldickinson.com/insigh...ol-debt-claims

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

No, they are totally different animals.

Normally referred to as a CCA request, it is a request via ss77-79 Consumer Credit Act for a copy of the relevant agreement, & terms & conditions including subsequent variations, & any other agreement mentioned in it, plus a statement of the account.
There is a £1 fee.
An accurate reconstituted copy, not necessarily from the original, may be acceptable for ss77-79 purposes.
Once received, the creditor or owner of the debt then has 12 days to provide it. Failure to comply with this renders the debt unenforceable unless/until they do comply.

Pre-action conduct (protocol) is the actions taken by the Claimant & the Defendant leading up to a court claim.
Recent changes (2/10/2017) requires more dialogue between the parties before a claim is issued.
https://www.hilldickinson.com/insigh...ol-debt-claims

Hi charitynjw, thanks for your help and reply. I just wanted to ensure I send the right information so I'd just send the CCA request to Lowell with a £1 postal order and a copy to Cohen Cramer solicitors?
I've been researching all weekend so I know what to send as it was a shock to receive this letter. Do I need to send anything else to Lowell or the solicitors or is it just the CCA request? Are there any tips or templates regarding what letter to send to Cohen Cramer Solicitors?

thank you for your time and help, means a lot so thank you.

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Morning,

They don't seem very sure what the original debt was... it says Very - Littlewoods/Additions .... which yes are all shopdirect catalogues but different accounts ( ie. you can have a very and a littlewoods and an additions accounts separately )

Firstly anyway send the formal CCA request as discussed with the £1 separately from your response on the pre-action form.

Then on the pre-action form you want to complete....

Box C - TICK
I do not know whether I owe the debt

Box I - TICK
I need more documents or information .... notice of assignment, a copy of the original agreement and terms, default notice, statements of the account.

and return that to the claimant.

do not complete or return the budget sheet.

[charitynjw]

Re: Advice needed please regarding notice of pending legal action

For an alleged catalogue debt, s78 CCA would be applicable.
Send to Lowell with the £1, keep a copy & get proof of posting.
Enclose a copy (no fee & 'for information only') to CC with the following:-

Re the new debt PAP.
I believe the current 'smart money' may be to opt for box D (though this is debatable between C & D), not to complete the financial statement & to ask for the documentation as mentioned by @warwick65 (above, post#2) & [MENTION=6]Amethyst[/MENTION] (post #9).

This procedure is brand new, so that opinion may change in due course, but it does seem to me to be a reasonable way to respond.

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Debatable indeed lol ... I think most of these would be C unless there is a defence other than wanting copies of documents ( so use D for statute barred, cases of ID fraud, debts that have previously been paid, debts that are simply not recognised at all ). In this case I think it is C as we think we know the debt, it's nowhere near SB, but we want documents for them to evidence it and the amount owed.

You reckon?


Just on I - require documents, they have 30 days to respond saying "here's the docs" or "we haven't got them" .... then we can go from there as 'normal'...

5.2 If the debtor requests a document or information, the creditor must –

provide the document or information; or
explain why the document or information is unavailable,

within 30 days of receipt of the request.

but of course they have 12 to deal with the CCA request.

I wonder actually whether we should add a bit as well stating 'I do not acknowledge this debt' on ALL responses (other than admission/offer) to these pre-action letters whether defending or asking for more information as it's too easy for them to chuck on of these out in years 3/4 to potentially use to prolong SB ?

[Debt Camel]

Re: Advice needed please regarding notice of pending legal action

As [MENTION=6]Amethyst[/MENTION] says, you need to return the Reply Form.

If you do this, you will then get 30 more days to decide what to do after the creditor supplies the CCA agreement. You also do not need to send £1 for this agreement. And the Reply Form should be sent to the address given on the letter.

If after 30 days they haven't sent the CCA, at that point you could consider sending the usual template letter with the £1. But don't do that now. Keep this simple by just completing the Reply Form.

I've written an article on replying to these letters here: https://debtcamel.co.uk/letter-before-claim-ccj/

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

DC, sorry to disagree, but I think sending a CCA now, at pre-action letter stage, is relevant. It goes to Lowell ( so the creditor ) rather than than Solicitors ... whereas the reply form goes to the Solicitors in this case.

Their not replying with the credit agreement under a request under Box I has, pretty much, sod all effect, whereas the CCA makes the debt unenforceable until they comply. I don't think there is any need to wait for a court claim or the next stages of pre-action, once a CCA has been sent the claimant are on notice that the debt is unenforceable until they locate and provide it. Non compliance with the requests made on the reply form are CPR issues ( so could have potential costs consequences further down the line for the claimant ) whereas CCA is a legal defence. ( I think we'll still be doing CPR 31.14 requests after a claim is issued too despite these pre-action letters (unless all the docs are provided of course )) to retain that protection and option for the debtors ( ie. potential unless order for compliance )

For Dubbers - this is the s.78 requirements..

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— ...............

As you can see these pre-action letters with the new rules have only just started coming through... so it's all a bit new for us too.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Morning,

They don't seem very sure what the original debt was... it says Very - Littlewoods/Additions .... which yes are all shopdirect catalogues but different accounts ( ie. you can have a very and a littlewoods and an additions accounts separately )

Firstly anyway send the formal CCA request as discussed with the £1 separately from your response on the pre-action form.

Then on the pre-action form you want to complete....





and return that to the claimant.

do not complete or return the budget sheet.

Good morning, thanks for your quick reply. I was thinking that as well as I don't think it's any of those accounts mentioned so I think they're possibly guessing. I had accounts with very, Woolworths which I believe merged to very I think, I'll have to double check that. I also had a isme account and I believe this amount is for the isme account. I did get dcas chasing me regarding the other accounts but they stopped and went quiet. I'm only being chased for this payment of just over £804.

When I send the postal order of, do I make it payable to Lowell and do I put a cross on the back? This is all new to me so I'm still getting my head around things.

I don't really want to sign my signature on the reply form to the solicitors as I've heard how dcas etc sometimes try to copy and paste it and use fraudulently. I know on the CCA I can use the anti tamper signature strip but I'm unsure how I can do this on the reply forms to the solicitor?

Thanks for your help, really appreciate it.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Debatable indeed lol ... I think most of these would be C unless there is a defence other than wanting copies of documents ( so use D for statute barred, cases of ID fraud, debts that have previously been paid, debts that are simply not recognised at all ). In this case I think it is C as we think we know the debt, it's nowhere near SB, but we want documents for them to evidence it and the amount owed.

You reckon?


Just on I - require documents, they have 30 days to respond saying "here's the docs" or "we haven't got them" .... then we can go from there as 'normal'...


but of course they have 12 to deal with the CCA request.

I wonder actually whether we should add a bit as well stating 'I do not acknowledge this debt' on ALL responses (other than admission/offer) to these pre-action letters whether defending or asking for more information as it's too easy for them to chuck on of these out in years 3/4 to potentially use to prolong SB ?

I don't deny the debt as I know what it is and if I have to pay then I will. At the time of opening the account, I was in a secure job, had my place and everything was going well until I got made redundant which in turn changed everything.

Wouldn't D be the best option if I deny all claim and send CCA to see if that can proof the debt is mine? I know you mentioned, this is a new process but I just want to make sure I tick the correct box before I send it off. Also as it says to return paper work within 30 days, would you say that I should send cca and reply forms off asap or delay it slightly to buy me more time to raise the money if I end up having to pay this debt? I'm not 100% what the process but I was just gonna send everything off asap.