Shop direct/lowells/cohen cramer claim form 4k plus

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Hi,i have received no reply to my request to get extension in writing, nor for my cca request so have been working on a defence, ill show you what i have came up with so far....

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

The Defendant contends that the particulars of claim are vague and generic in nature. (Even though its quite specific, is this ok to put)
The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

The claim is denied with regards to an amount due under an agreement.
The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

On receipt of this claim the Defendant requested information pertaining to this claim from Cohen Cramer Solicitors by way of a CPR 31.14.
To date I have yet to receive a compliant response.

The Defendant requested information pertaining to this claim from Lowell Portfolio Limited by way of a Section 78 request.To date I have yet to receive a response complying with the request and are therefore in default of this request and prevented form seeking any relief until compliance.

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief


Anything i should amend or add?

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

anyone, i dont really want to send this defence without the ok on it?

[nemesis45]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

The Defendant contends that the particulars of claim are vague and generic in nature. (Even though its quite specific, is this ok to put)
No take it out

I received the claim from the Northampton County Court Business Centre On................................

The claim appears to relate to state what is in the POC i.e an account with Shop Direct.

1.The Defendant accordingly sets out his/her case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.The claim is denied with regards to an amount due under an agreement with Shop Direct.
3.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

4.The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

5. On receipt of this claim the Defendant requested information pertaining to this claim from Cohen Cramer Solicitors by way of a CPR 31.14.

5 a. To date I have yet to receive a compliant response.

5 b.The Defendant requested information pertaining to this claim from Lowell Portfolio Limited by way of a Section 78 request together with the £1 statutory fee.

6. To date I have yet to receive a response complying with the request and are therefore in default of this request and is unable to enforce the debt.

7.Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


Anything i should amend or add?

see amendments, tidied. and don't forget the statement of truth at the foot.

nem

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

I received the claim from the Northampton County Court Business Centre On 15th feb 2016

The claim appears to relate to an account with Shop Direct, which was allegedly assigned to the claimant on 13th january 2012.

1.The Defendant accordingly sets out his case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.The claim is denied with regards to an amount due under an agreement with Shop Direct.
3.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

4.The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

5. On receipt of this claim the Defendant requested information pertaining to this claim from Cohen Cramer Solicitors by way of a CPR 31.14.

5 a. To date I have yet to receive a compliant response.

5 b.The Defendant requested information pertaining to this claim from Lowell Portfolio Limited by way of a Section 78 request together with the £1 statutory fee.

6. To date I have yet to receive a response complying with the request and are therefore in default of this request and is unable to enforce the debt.

7.Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.



will that be sufficient? is the statement of truth on the mcol site at the end?

thanks nemesis for your time

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

hi all im looking at submitting that last post as my defense does it look ok to do so?

[nemesis45]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

I received the claim from the Northampton County Court Business Centre On 15th feb 2016

The claim appears to relate to an account with Shop Direct, which was allegedly assigned to the claimant on 13th january 2012.

1.The Defendant accordingly sets out his case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.The claim is denied with regards to an amount due under an agreement with Shop Direct.

3.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

4.The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

5. On receipt of this claim the Defendant requested information pertaining to this claim from Cohen Cramer Solicitors by way of a CPR 31.14.

5 a. To date I have yet to receive a compliant response.

5 b.The Defendant requested information pertaining to this claim from Lowell Portfolio Limited by way of a Section 78 request together with the £1 statutory fee.


6. To date I have yet to receive a response complying with the request and are therefore in default of this request and is unable to enforce the debt.

7.Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.



will that be sufficient? is the statement of truth on the mcol site at the end?

thanks nemesis for your time

Last of all.

Good to go just make sure the bold text is brought back to standard text.

Good luck!!

nem

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Have done, thanks for your time, been a great help. Waiting game now.

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Tad concerned had a mediation questionnaire filled out by lowells sent to me. I rang a few weeks ago and the court confirmed the case was stayed, I have had no correspondence since then up until this letter? There is actually nothing for me to do it just shows there intent? Any ideas?

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Bump

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

this is now showing on the mcol website as claimant questionaire filed

[nemesis45]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

this is now showing on the mcol website as claimant questionaire filed

This just the court process, do you have your questionnaire completed?

nem

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Hi men, thanks for you reply. No I haven't had one to fill out. I rang the court and they said the claim is stayed and there is nothing I need to do as they will need to pay if they want it lifting. Seemed baffled by it's much as I was because they haven't gave any indication as of yet. My thinking is there gonna push forward with it though but fingers crosses

[nemesis45]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Hi men, thanks for you reply. No I haven't had one to fill out. I rang the court and they said the claim is stayed and there is nothing I need to do as they will need to pay if they want it lifting. Seemed baffled by it's much as I was because they haven't gave any indication as of yet. My thinking is there gonna push forward with it though but fingers crosses

A considerable number of Lowell claims have been left stayed recently and usually because they can't get their hands on the documents to back up the claim.

If the stay remains for about a months I would then write to Cohen Cramer suggesting that it seems that their client has little or no prospect of being able to carry forward they claim they should discontinue/withdraw the claim forthwith.

nem