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Received a claim? Yes
Issue Date: 16 Feb 2016
Amount approx: £975
Claimant: Lowell Portfolio 1 Ltd Ellington House 9 Savannah Way Leeds Valley Park Leeds LS10 1AB
Solicitor: Cohen Cramer Solicitors 1B Josephs Well, Hanover Walk Leeds LS3 xxx
Original Creditor: JD Williams - catalogue
Particulars of Claim: Please type out in full excluding names/account numbers
The claim is for the sum of £907.00 due by the Defendant under a non-regulated JD Williams account with an account reference of XXXXXXX
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 06/Mar/2015, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £68 pounds and xxx pence
The Claimant claims the sum of £975
The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement
Signed: Initials and name typed on form (Claimant's Legal Representative)
Is the debt Statute Barred? No
List any letters you have sent:
Letter 1:
1) Letter sent in response to Claim to Lowells asking about the claim as the account was in dispute with JD Williams due to wrong fees being put on the account. There was no response. (No proof of postage.)
2) Registered at www.moneyclaim.gov.uk stating I would defend the case in full.
3) Put in CPR 31.14 Request dated 1st March (posted the same day via Registered Post) to Cohen Cramer Solicitors, details as follows:
Dear Sirs,
Re: Lowell Portfolio Ltd v xxx Claim No: xxxx
CPR 31.14 Request
On approximately (date) of February of this year I received the Claim Form in the above Claim Number 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 relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3 where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to and served with the particulars of claim and show how the Defendant has entered into an agreement and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should be attached.
2: The notice of assignment.
3: The default notice, complaint with 87(1) of the Consumer Credit Act 1974.
4: Show how the Claimant has reached the amount claimed by providing a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed leading to the Alleged Debt of £975
5: Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for 'Administration' what Administration was undertaken to support the Penalty Charge being supplied) along with details of any Interest imposed against each Penalty Charge applied.
Although your claim is for a sum which does not exceed £10,000.00, and thus in all likelihood be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this time 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 CFR31 duties by claiming otherwise.
You should ensure compliance with your CPR31 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 the same document owing as a result to a modification, obliteration or other marking, or feature, each version this 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© I undertake to be responsible for your reasonable copying costs incurred in complying with this CFR 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.
Signed with typed font.
Letter 2:
1) Put in Formal Request pursuant to s.77/78/79 of the Consumer Act 1974 dated 1st March with a £1.00 postal order (posted the same day via Registered Post) to Lowell's per address on Claim.
This letter is a formal request pursuant to s.77/78/79 (delete as appropriate) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account 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. You are reminded that should you fail to comply with my request; the provisions of s.78 will apply.
If it id your view that you are not the creditor s.175 of the CCA 1974 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).
I enclose a postal order in the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance and return the fee.
I look forward to hearing from you.
Signed with typed font.
#
I have received a response from Lowell’s solicitors, Cohen Cramer, as follows:
Re Claim xxxx Lowell Portfolio 1 Ltd –v- xxx
We write in relation to the above matter.
We have received your letter in relation to your request for documents and I have notified our client Lowell Portfolio of this request. Please note that our client has given us a minimum period of time of 45 days from the date of your request to send you the documents you require. We have notified the Court of this agreed extension of time which will also provide you with enough time to prepare a defence should you require this. Upon delivery of your documents you will have 14 days to prepare a defence.
If you have any further queries, please do not hesitate to get in touch with us.
Kind Regards
Signed with typed Name (and then) Legal Assistant
Cohen Cramer Solicitors
#
Further info follows in next post
- - - Updated - - -
Issue Date: 16 Feb 2016
Amount approx: £975
Claimant: Lowell Portfolio 1 Ltd Ellington House 9 Savannah Way Leeds Valley Park Leeds LS10 1AB
Solicitor: Cohen Cramer Solicitors 1B Josephs Well, Hanover Walk Leeds LS3 xxx
Original Creditor: JD Williams - catalogue
Particulars of Claim: Please type out in full excluding names/account numbers
The claim is for the sum of £907.00 due by the Defendant under a non-regulated JD Williams account with an account reference of XXXXXXX
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 06/Mar/2015, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £68 pounds and xxx pence
The Claimant claims the sum of £975
The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement
Signed: Initials and name typed on form (Claimant's Legal Representative)
Is the debt Statute Barred? No
List any letters you have sent:
Letter 1:
1) Letter sent in response to Claim to Lowells asking about the claim as the account was in dispute with JD Williams due to wrong fees being put on the account. There was no response. (No proof of postage.)
2) Registered at www.moneyclaim.gov.uk stating I would defend the case in full.
3) Put in CPR 31.14 Request dated 1st March (posted the same day via Registered Post) to Cohen Cramer Solicitors, details as follows:
Dear Sirs,
Re: Lowell Portfolio Ltd v xxx Claim No: xxxx
CPR 31.14 Request
On approximately (date) of February of this year I received the Claim Form in the above Claim Number 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 relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3 where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to and served with the particulars of claim and show how the Defendant has entered into an agreement and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should be attached.
2: The notice of assignment.
3: The default notice, complaint with 87(1) of the Consumer Credit Act 1974.
4: Show how the Claimant has reached the amount claimed by providing a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed leading to the Alleged Debt of £975
5: Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for 'Administration' what Administration was undertaken to support the Penalty Charge being supplied) along with details of any Interest imposed against each Penalty Charge applied.
Although your claim is for a sum which does not exceed £10,000.00, and thus in all likelihood be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this time 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 CFR31 duties by claiming otherwise.
You should ensure compliance with your CPR31 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 the same document owing as a result to a modification, obliteration or other marking, or feature, each version this 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© I undertake to be responsible for your reasonable copying costs incurred in complying with this CFR 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.
Signed with typed font.
Letter 2:
1) Put in Formal Request pursuant to s.77/78/79 of the Consumer Act 1974 dated 1st March with a £1.00 postal order (posted the same day via Registered Post) to Lowell's per address on Claim.
This letter is a formal request pursuant to s.77/78/79 (delete as appropriate) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account 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. You are reminded that should you fail to comply with my request; the provisions of s.78 will apply.
If it id your view that you are not the creditor s.175 of the CCA 1974 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).
I enclose a postal order in the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance and return the fee.
I look forward to hearing from you.
Signed with typed font.
#
I have received a response from Lowell’s solicitors, Cohen Cramer, as follows:
Re Claim xxxx Lowell Portfolio 1 Ltd –v- xxx
We write in relation to the above matter.
We have received your letter in relation to your request for documents and I have notified our client Lowell Portfolio of this request. Please note that our client has given us a minimum period of time of 45 days from the date of your request to send you the documents you require. We have notified the Court of this agreed extension of time which will also provide you with enough time to prepare a defence should you require this. Upon delivery of your documents you will have 14 days to prepare a defence.
If you have any further queries, please do not hesitate to get in touch with us.
Kind Regards
Signed with typed Name (and then) Legal Assistant
Cohen Cramer Solicitors
#
Further info follows in next post
- - - Updated - - -
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