Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig)

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Sorry to keep bugging everyone one with this - has anyone got any advice with regards to the defence and matter at hands with Lowells... as far as I can see so far from the good advice is that Lowell's have not responded to my request for CCA properly, there is a comment about the accounts being `unregulated' in the Particulars of Claims.

I know there's still a few days to go, but I just wanted to get an idea in my mind of what I should be doing next with regards to the claim itself.

It looks as though I will probably follow the advice of [MENTION=48934]Debt Camel[/MENTION] and go the Bankruptcy route, but this will perhaps be in the near distant future.

Is the above point on Bankruptcy something I should be making the court aware of at this point?

Sorry for all the questions, obviously a complete newbie to all of this.

[Debt Camel]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

No you don't need to tell the court you intend to go bankrupt at some point.

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

No you don't need to tell the court you intend to go bankrupt at some point.

Thanks.

If I decided to ignore getting any further involved with Cohen Cramer and Lowell, and they automatically win judgement - would having this judgment on my file affect anything with regards to the bankruptcy.

Just not quite sure what to do next [MENTION=48934]Debt Camel[/MENTION] or what I can enter as a defence.

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

No you don't need to tell the court you intend to go bankrupt at some point.

Ok, so I have cobbled together the following to enter as my defence, done this on the advice from another forum, and someone else who has been through this process with Lowell Before. Any thoughts on this [MENTION=3599]MIKE770[/MENTION] [MENTION=48934]Debt Camel[/MENTION]

IN THE COUNTY COURT BUSINESS CENTRE
Case No: CC
LOWELL PORTFOLIO I Limited - Claimant
Vs
MR XXX – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Consumer Credit Agreement signed by the defendant and the claimant, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Unregulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement. (They have provided an agreement, but I have not signed it - can I keep this bit in or modify it further)

II. Show how the Claimant has reached the amount claimed by proving a full original 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 £1990.65

III. 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 applied) along with details of any Interest imposed against each Penalty Charge applied. (THERE IS NO MENTION OF PENALTY CHARGES IN THE POC - SHOULD I TAKE THIS OUT/CHANGE?)

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant. - (NO DEFAULT NOTICE MENTIONED IN POC?)

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:
a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.
b) As claimant has stated the debt was ‘assigned to the claimant on 11/Feb/2015 a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.
c) A copy of how the Defendant was served with the aforementioned Legal Assignment.
d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was served upon the Defendant.
e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on £1990.65 (as referenced in Section 1 of the Particulars of Claim).
VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.
VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.
VIII. I would also like to take this opportunity to remind you under Civil Procedure Rule Part 39 PD 39a (3.3) any documents upon which the claimant intends to rely the ORIGINALS should be brought to any subsequent hearing for examination.

Statement of Truth:
I believe the facts stated in this defence are true.

[charitynjw]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Deed of Tripartite Novation?

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Deed of Tripartite Novation?

Where the original Lender transfers all of its rights and obligations relating to a particular loan agreement, to a new third party lender.

[charitynjw]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Where the original Lender transfers all of its rights and obligations relating to a particular loan agreement, to a new third party lender.

That's not my understanding of a novation.

[MIKE770]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

not another different site use of terms??

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

@MIKE770 @charitynjw

It was supplied by someone on a consumer debt forum who's was taken to court by Lowell over a similar incident of an Unregulated Store Account - at the moment it's pretty much the only thing I have to work on as far as pulling my defence statement together goes.

Completely open to edits and changes though if parts of it are irrelevant based on what I've already mentioned about the case.

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

At the moment, it looks pretty much like I don't have much to work with, however if I can push some holes into the particulars of claim and rebut the points in it somehow, and question the overall picture of whether the debt is truly owed to Lowell - I am happy to do that.

The bigger picture is I suppose that I could avoid CCJs at court stage and push this into mediation with my defence, or maybe even get Lowell to drop it, but so far, they seem to be pretty watertight on what they have done.

[charitynjw]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Hi alexpn

Apologies for the earlier cryptic posts.
I just think that if someone is filing crucial documents in court, it is wise to know precisely what the wording in those documents mean.
Personally I'd use the defence template/example at the top of this thread, mainly because the one you are using is a bit too FMOTL/GOODF for my peace of mind.
But that's me........

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Hi alexpn

Apologies for the earlier cryptic posts.
I just think that if someone is filing crucial documents in court, it is wise to know precisely what the wording in those documents mean.
Personally I'd use the defence template/example at the top of this thread, mainly because the one you are using is a bit too FMOTL/GOODF for my peace of mind.
But that's me........

I'd not even seen that template until you just mentioned it [MENTION=5553]charitynjw[/MENTION] - just looking now, and no need for apologies - I'm running around like a blue @rsed fly trying to get my understanding of these defence statements solid - I wont feel comfortable until I know exactly what I am saying and how it ties in with what I've received from Lowell.

The template you've mentioned does cover me it would seem in terms of Lowell and CC not responding formally to my CCA and CPR requests.

[nemesis45]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

At the moment, it looks pretty much like I don't have much to work with, however if I can push some holes into the particulars of claim and rebut the points in it somehow, and question the overall picture of whether the debt is truly owed to Lowell - I am happy to do that.

The bigger picture is I suppose that I could avoid CCJs at court stage and push this into mediation with my defence, or maybe even get Lowell to drop it, but so far, they seem to be pretty watertight on what they have done.

I have to agree with [MENTION=5553]charitynjw[/MENTION] here that defence is not going to do you much good as charity has said I think you would be far better off with one of the forum templates.
This comes from the internationally discredited Freeman/men on /of the land and is a waste of time.

nem

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

I have to agree with @charitynjw here that defence is not going to do you much good as charity has said I think you would be far better off with one of the forum templates.
This comes from the internationally discredited Freeman/men on /of the land and is a waste of time.

nem

Understood, is it worth me posting up before I issue this on Moneyclaim just for some final comments? Also, should I wait until the latest possible time within the 28+5 days to actually post my defence?

[Diana M]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

should I wait until the latest possible time within the 28+5 days to actually post my defence?

Yes, in case circumstances change if/when paperwork is sent to you.

Di