Lowell Portfolio LTD - Cohen Cramer Solicitors

[snaylor111]

Received a claim? yes
Issue Date: 14th October 2016
Amount approx: £596.53 + £60 cort fee + £70 legal representative's
Claimant: Lowell Portfolio | LTD, Ellington House, 9 Savannah Way, Leeds Valley Park, Leeds, LS10 1AB
Solicitor: Cohen Cramer Solicitors, 1B Josephs Well, Hanover Walk, Leeds, LS3 1AB
Original Creditor: Shop Direct
Particulars of Claim: The claim is for sum of £552.57
due by the defendant under a non-regulated
Shop Direct
account with an account reference of
XXXXXXXX
The Defendant failed to maintain contractual
payments requiered under the terms of the
account agreement.
The debt was legally assigned to the
claimant on 16.Oct/2015, notice of
which has been giving to the defendant.
The claim includes statutory interest under
S.69 of the County Corts 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 £43.96
The claimant claims the sum of £596.53
Is the debt Statute Barred? No
List any letters you have sent: CCA Request 1st class recorded
Any Other Info:

I have acknowledged the debt and also sent a CCA request 1st class recorded delivery. this was sent out on 19th October 2016

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

I have just noticed that when i'm looking at my credit file on noddle website its saying the account number is XXXXXXXXXXXX2202 but when i've looked at the claim form its saying XXXX6202

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

i have now just received a letter from cohen as follows:


Dear Mr Naylor,

R.E: Claim No. XXXX9N5R

Lowell Portfolio 1 Ltd -v- Mr Sean Naylor

Our Client Lowell Portfolio 1 Ltd Account Number XXXXX2202
Original Account: Shop Direct Amount Due: £726.53


we write in relation to the above matter.

We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio 1 Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the court. In the meantime, please file your response to the claim form in accordance with the court timetable. if you require further time to prepare your responce, please let us know as we may be able to agree a short extension to the Court time table.

Please fine enclosed your Postal Order for £1.00 returned.

if you have any further quieries, please do not hesitate to get in touch with us.

Yours Sincerely

Alistair Thackray | Legal Assistant

Cohen Cramer Solicitors

[nemesis45]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

I have just noticed that when i'm looking at my credit file on noddle website its saying the account number is XXXXXXXXXXXX2202 but when i've looked at the claim form its saying XXXX6202

Hi,

Lowell has it's own " account" numbering system which does confuse things.

The POC is wrong All Shop Direct Accounts are Regulated under CCA 1974, Lowell and Cohen Cramer know that!

Have you sent a request made under the provisions of Civil Procedure Rule 31 . 14 to Cohen Cramer? (template in the green box above)

There's no fee for the request: Looking at the POC you can request The Account Agreement and the Notice of Assignment.
Use signed for post.


nem

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

Hi nem,

No i have not sent Civil Provisions of civil procedue rule 31 . 14 as of yet which i will do if thats what i have to do. i have only sent them the CCA request which i just got the letter respond as follows:


Dear Mr Naylor,

R.E: Claim No. XXXX9N5R

Lowell Portfolio 1 Ltd -v- Mr Sean Naylor

Our Client Lowell Portfolio 1 Ltd Account Number XXXXX2202
Original Account: Shop Direct Amount Due: £726.53


we write in relation to the above matter.

We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio 1 Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the court. In the meantime, please file your response to the claim form in accordance with the court timetable. if you require further time to prepare your responce, please let us know as we may be able to agree a short extension to the Court time table.

Please fine enclosed your Postal Order for £1.00 returned.

if you have any further quieries, please do not hesitate to get in touch with us.

Yours Sincerely

Alistair Thackray | Legal Assistant

Cohen Cramer Solicitors

[nemesis45]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

i have now just received a letter from cohen as follows:


Dear Mr Naylor,

R.E: Claim No. XXXX9N5R

Lowell Portfolio 1 Ltd -v- Mr Sean Naylor

Our Client Lowell Portfolio 1 Ltd Account Number XXXXX2202
Original Account: Shop Direct Amount Due: £726.53


we write in relation to the above matter.

We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio 1 Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the court. In the meantime, please file your response to the claim form in accordance with the court timetable. if you require further time to prepare your responce, please let us know as we may be able to agree a short extension to the Court time table.

Please fine enclosed your Postal Order for £1.00 returned.

if you have any further quieries, please do not hesitate to get in touch with us.

Yours Sincerely

Alistair Thackray | Legal Assistant

Cohen Cramer Solicitors

CCA request should go to Lowell/ CPR 31.14 to CC ( no fee for CPR request),

So send CCA request to Lowell asap.
That letter sounds as if an over enthusiastic office boy has been allowed to play lawyer.

You could send the CPR 31.14 request now reminding them the claim has no yet been allocated to a track.
But it's probably a waste of time they'll come back with the same nonsense.

nem

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

I've sent a CCA request to both Lowell and cohen on the 19th October



this is the one i posted to both of them.


Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 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.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

[nemesis45]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

I've sent a CCA request to both Lowell and cohen on the 19th October



this is the one i posted to both of them.


Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 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.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

Ok that's fine, solicitors are not the creditor and will usually decline to act on the request.

CPR 31.4 request for inspection of documents specifically mentioned in the POC ( no fee) is what should go to the solicitors.

I think they are going to struggle with the agreement the POC is incorrect it's wait and see what Carboot comes up with.

When as the account opened? What is the default date?

nem

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

is this the letter i should sent to cohen cramer solicitors? obviously reword it to suite my needs and also ask for, The Account Agreement and the Notice of Assignment and make sure i sign the letter?



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

I look forward to hearing from you.

Yours sincerely




Your Name

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

is this the letter i should sent to cohen cramer solicitors? obviously reword it to suite my needs and also ask for, The Account Agreement and the Notice of Assignment and make sure i sign the letter?



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

I look forward to hearing from you.

Yours sincerely




Your Name

Hi Nem, I will be posting the CPR 31.14 Request off tomorrow morning. the default date is 14/10/2015 & account start date is 18/06/2013.

also on the letter i will be posting what is the round about date i should put ahead of filing my defence on?

[nemesis45]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

Hi Nem, I will be posting the CPR 31.14 Request off tomorrow morning. the default date is 14/10/2015 & account start date is 18/06/2013.

also on the letter i will be posting what is the round about date i should put ahead of filing my defence on?

28 days from the date the claim was issued.
nem

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

28 days from the date the claim was issued.
nem

I have recieved a responce from the CPR 31.14 Request letter from Cohen Cramer, i have attatched the letter

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

So they have refused to comply with both your CCA & CPR requests; both of which are 'kosher'.

[snaylor111]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

what does this mean?

[charitynjw]

Re: Lowell Portfolio LTD - Cohen Cramer Solicitors

It means that the requests are compliant with the both the current law (Consumer Credit Act 1974) and Civil Procedure Rules.
Re the CCA request, you have proof that the Claimant has ignored a lawful application for details; it is their statutory duty to provide them.
They cannot enforce their claim via court until/unless they do comply in full.