Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

[Rumandcoke]

[MENTION=55034]nemesis45[/MENTION] attached is the claim form I received today. Brief history of the debt I borrowed £500 from provident about 6 or 7 years ago to buy a laptop for work, I kept up with the payments religiously and therefore they kept offering me more money on the doorstep. My partner couldn't get credit and kept asking me to top up the loan for him and he would pay the repayments. He did for a while then started not turning up and I had to pay out of my own pocket and then we split up, needless to say I got no more money from him and was left with the debt. I blame myself for being so stupid as to take out a loan for someone else and I'll never do it again. Providents used to own greenwoods personal credit and I had a loan concurrently with them. I fell into financial difficulty and didn't pay anymore and buried my head in the sand everytime letters came through the door. I do not know if the figure they are saying here is correct or if it includes the greenwoods loan or not. They charge so much interest that its hard to keep up. Anyway I will Acknowledge Service and send off for cca and cpr and go from there, I know I do not have much hope as I do owe them money just hoping they can't find the paperwork. Off to work in a minute so I will get all the letters etc done tomorrow.

[icrina53]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

Send off both letters , signed for, and see what response you receive, your defence has to by in by 18th of Nov. I am currently waiting to go to court with Lowell/Cohen Cramer, they're proper s...t to deal with. In my case they lost once and the next thing I know they sent another claim through for the same thing

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

Send off both letters , signed for, and see what response you receive, your defence has to by in by 18th of Nov. I am currently waiting to go to court with Lowell/Cohen Cramer, they're proper s...t to deal with. In my case they lost once and the next thing I know they sent another claim through for the same thing

How can they take you to court for the same thing? I thought once they had lost they lost x

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

Sorry for delay just to let you know I have acknowledged service and have cca and cpr requests ready to post in the morning.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

I received a letter from Cohen Cramer Solicitors dated 28th October 2016.

We refer to the above matter.

Thankyou for your letter requesting documents.

We have notified our client, Lowell Portfolio, of your request.

Please note that our client has given us a minimum period time of 45 days, from the date of your request, to send the documents you require.

In the meantime, we have put your account on hold.

Upon delivery of your documents you will have a further 14 days to prepare a defence.

If you have any questions please contact us.

Kind Regards

Alistair Thackray/Legal Assistant

Cohen Cramer Solicitors


I have just logged on the money claim website it says nothing about the account being on hold so I presume I should just ignore this and enter my defence as normal.
[MENTION=55034]nemesis45[/MENTION] I would really appreciate your advice please.

Thank you x

[charitynjw]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

Yes, defence as usual.

If they haven't agreed to a standard 28 day extension to the court deadline you need to file within 33 days of the court claim issue date.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

My defence is due in on the 19th November, I was just wondering as the 19th is a Saturday should I file the defence earlier?

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

Is anybody around that would just check my defence is ok please before I send it, I would really appreciate it. It has to be in today and I only just remembered. I'll Post it below.

- - - Updated - - -

1: I received the claim XXXXXX from the Northampton County Court on 19/10/2016

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

3: This claim appears to be for a loan agreement regulated under the Consumer Credit Act 1974.: [It is admitted/denied] that the Defendant has [previously] entered into [angreement/agreements] with [Original Creditor /Claimant] for provision of credit.
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 Provident Personal Credit Limited to Lowell Portfolio I Ltd on 29/Aug/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Provident Personal Credit Limited 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 25/10/2016 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, Default Notice and Notice of Assignment .

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

10. On the 25/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

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

Statement of Truth

[charitynjw]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

I haven't checked the accuracy of all of the dates, but other than that it looks to me to be good to go.

Just before you do send it, any chance it could be statute-barred?
(It isn't clear on this thread when the last payment was made, or whether you've acknowledged it in writing within the last 6 years).

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

I don't think there is any chance it is statute barred as I kept up with payments for a long time, it was loans that kept adding on roll onsor whatever you call it. I started a new job in Dec 2009 and that's why I originally took the first loan to get the laptop, I don't know the date but it wouldn't of been long after I started my job. I fell into severe financial difficulty in 2013 so I,m guessing it was around this time I stopped making payments. I split with my partner in 2012 and I was definitely making payments then for a while after as this caused a lot of arguements and left me cash strapped when he didn't pay what he owed. I've 100% not acknowledged it in writing.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

It was a doorstep loan and they used to collect the money from you weekly, I told the man I was stuck and couldn't pay and he kept knocking on the door at all sorts of days and times, I used to have to hide from the windows. In the end I telephoned their head office and explained the situation and said if the man knocks anymore I'll call the police as it is harrassment. I never heard another thing till this court claim turned up.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

I just looked on moneyclaim i filed my acknowledgement of service on 25/10/16 but I can't remember what date i said i received the claim on it, i thought it was 19th and thats what ive put on the defnce but i cant be sure, if the dates don't tally will it matter.

[charitynjw]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

The claim issue date was 17th October, so the defence is due 33 days later. (19th November)
It should technically be by 4pm, so get it in pdq.
If, as you say, you were paying installments in 2013 & they were being logged by the lender, it won't be SB, & it's probably a bit late atm to investigate; submitting your defence now is a must.
Your proposed defence does mention that, should the Claimant/sols anti up the asked-for documentation, you may want to amend your defence accordingly.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

I'll do it now, thank you for your help.

[Rumandcoke]

Re: Lowell Portfolio I Ltd/ Cohen Cramer Solicitors vx Rumandcoke

If your response was submitted on or before 4:00pm on a day on which the court is open, it will be received and processed on that day. Responses submitted after 4:00pm will be received and processed on the next day that the court is open.

I've submitted it and that's what it said afterwards. I hope that they accept it I didn't realise about 4pm and I suppose I should of submitted it yesterday as now they won't receive it until Monday.